ISK POSITION AND ACTIVITIES ON LAND REFORMS IN RECENT YEARS

Recognizing its potential to inform and shape land policy as well as the importance of this central resource as one of the most important factors of production and consequently a potent resource in the fight against poverty in the country, ISK has in the very recent past, actively, persistently and sometimes aggressively expressed its position on various issues as the summary below shows: 

Draft Bill of the Constitution of Kenya Review Commission, Chapter Eleven - Land and Property

ISK, through the Association of Professional societies of East Africa (APSEA) nominated a one Prof. Saad Yahya as its representative in the national constitutional review talks at the Bomas of Kenya, here, he was elected to head the committee addressing Chapter 11 - Land and Property of the Draft Constitution.  The Institution agreed to the provision for the establishment of a National Land Commission for the purposes of holding title to public land in trust for the people of Kenya, the administration of public land on behalf of the government and local authorities and the regular review of the national land policy.  The Institution expressed its concerns to have accurate definitions of "property" "community land", and "government land" in the Draft Bill.

The Njonjo Commission Of Enquiry

Prior to the official release of the Njonjo Commission of Inquiry by the Minister for Lands and Housing on 06 May 2005, ISK had been lobbying government to release the report.  This was anticipated to inform the country about the recommendations of the report and also initiate debate on the recommendations especially during this crucial time when the constitutional conference was taking place.  Upon release of the report, ISK immediately embarked on sensitizing its members, MPs and the general public to study the report and pass views to the ministry directly or through the ISK Council.  The ISK Council later formed a task force to study the recommendations with a view to lobbying the government for implementation. 

Repossession Of Grabbed Public Land

The ISK Council has gone on record through various public forums registering its total support for the Governments' initiative to repossess public utility land earlier grabbed.

ISK Council has however, cautioned that this exercise is fraught with legal complexities and should not be seen to be carried out to undermine the sanctity of title deeds.  In its commitment to address the issue ISK has requested government to be careful to be seen to exercise fair play and transparency in the exercise. In July 2003. Government subordinated the earlier initiatives by the Ministries of lands and Housing, Local Government, Roads and Public works in this regard to a statutory commission of inquiry - the Ndung'u Commission of Inquiry into Commission of Inquiry into the Illegal/Irregular Allocation of Public Land.

WORKSHOPS/SEMINARS ON LAND MATTERS

ISK has been active in bringing together stakeholders in discussing way forward to promote sustainable land management. Since beginning of 2003 ISK identified the need to hold advocacy and awareness creation workshops on the need for sustainable land development.  Out of the 8 provinces in Kenya, ISK successfully held and facilitated meetings at the provincial levels in 6 provinces namely Eastern, Central, Rift Valley, Nyanza and Western and Coast.   Among the targeted cadres of civil servants have been District Commissioners, Mayors and Town Clerks, all Provincial Department Heads and all ISK practicing members in the respective provinces. The Provincial Commissioners chaired these seminars.  One of the priority recommendations that emerged was the need to undertake advocacy and awareness creation campaigns to the district level, encompassing capacity building as a key priority issue.

Regional Seminar On Security Of Land Tenure

In collaboration with the Commonwealth Association of Surveying and Land Economy (CASLE) and UN-Habitat, ISK brought together about 150 participants from 12^th - 13^th June 2003 to deliberate on security of land tenure.  Among the major recommendations were:

• ISK's resolution to contribute to the improvement of good governance in land management systems and to strengthen the observance of professional ethics.
• Encourage appropriate education and training for surveyor and land economists including continuing professional development relating to land information systems and land management , and
• Need to have regional seminars on security of tenure on a regular basis.

International Conference on Spatial information for Sustainable Development

In collaboration with the International Federation of Surveyors (FIG) and United Nations Commission on Human Settlements (Habitat), ISK brought together about 400 delegates from 02 - 05 October 2001 to deliberate on spatial information for sustainable development.

The Surveying Profession in the Year 2000 and Beyond

This workshop brought together a total of 148 participants on 10 December 1999, to discuss various professional challenges the surveyor is facing with the aim of mapping the way forward. The seminar critically reviewed the status of the profession, both in Kenya and in a rapidly globalizing world arena.

Lobbying Meetings

Minister for Roads and Public Works

Between 2000 and 2003 ISK has held several meetings with the Minster for Roads and Public Works to lobby and reach a memorandum of the way forward on a number of issues including:

• Lack of a national housing policy (by then housing was handled by this Ministry before being moved to the Ministry of Lands & Housing where it presently is)
• Lack of appropriate and comprehensive legislation to maintain urban areas.
• Lack of proper mapping of roads
• Lack of updated land information systems
• Lack of mapping on the ground and for existing maps
• Lack of proper inventory of roads on the national maps

In 2004 ISK held a meeting with the Minister for Local Government, Hon. Musikari Kombo and made efforts to have the following issues squarely addressed:

• Updated Valuation rolls for all our local authorities.  Apart from Nairobi whose Valuation Roll is over 20 years old, all other local authorities lack valuation rolls and this hampers their efforts in the collection of revenues which are urgently needed
• The need to engage professional land managers, surveyors and valuers in the management of the countries local authorities.  This is expected to augment efficiency.

Head of Civil Service and Secretary to the Cabinet

In January 2005, the Council made a courtesy call on the Permanent Secretary, Secretary to the Cabinet and Head of Public Service Ambassador Francis Muthaura.  Amongst the issues that were discussed were:

• Formation of a National Land Management Advisory Board to address broad issues touching on land and impacting on several ministries
• Management of cities and municipalities in the country
• Public appointments
• Civil service recruitment
• Opportunities for local professionals and
• Access to topographical maps

Ambassador Muthaura promised he would follow on the various issues posed by the above.

SOME NOTABLE GAINS

During this period when the ISK has come out strongly out of it's hitherto cocoon and engaged the government in a well crafted lobby and advocacy strategy, some notable gains have been made.  ISK has gradually emerged as a credible source of professional input to the subject of management of land and related national assets.

The major and most pronounced has been the appointment of professional members of ISK to various national committees/commissions spearheading the reform agenda in respective areas.  Most of these are under the Ministry of Lands and Housing under whose broad docket the members practice.

Here below are the various committees and commissions to which ISK members are professionally engaged:

(i)                   The National Land Policy Formulation Process in which the members are ably professionally engaged in the following committees:

• Rural Land use Environment and Informal Sector Committee
• Land Information Management System Committee
• Institutional and Financing Framework for Implementation Committee
• Land Tenure and Social Cultural Equity Committee
• Urban Land use/environment and Informal Sector Committee
• Legal Framework committee

(ii)                 Valuers Registration Board/ISK consultative Committee on Valuers Remuneration /procurement rules.   The former is under the Ministry of Lands and Housing.
(iii)                Steering Committee to Coordinate Preparation of the Housing Act.
(iv)                Appointment to the Valuers Court year 2005 Draft Valuation Roll - Nairobi City Council.
(v)                  The Kenya Roads Board.
(vi)                Valuers Registration Board.
(vii)               Estate Agents Board.
(viii)             Land Surveyors Board.
(ix)                Inter Agency Committee on Disaster Reduction in the Office of the President.
(x)                 National Fire Safety Policy committee also under the Office of the President

ISK views this development as a major gain on its part as it gives it a unique opportunity to shape national policy in ways beneficial to its professional interests as well as to the public to whom it is increasingly realizing it has denied its professional contribution for long.