The following summary of the Report of the Ndungu Commission on Illegal and Irregular allocation of public land provides an insight into a critical, recent episode in the struggles over 'land' and 'graft' in Kenya. But the story the Ndungu Commission unfolded is also a chapter in. The illegal and irregular allocations of public land as chronicled in the Ndungu Report amount to a rip-off that dwarfs the Goldenberg and Anglo-Leasing. ; recently got better: corruption has im- The Ndungu Report: Land & Graft in Kenya proved from 'highly acute' to merely give Moi himself immunity from.
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Context of this Report. 5. Foreword. 6. Executive Summary. 8. Part I Report of the Commission of Inquiry Into the Illegal/Irregular. Allocation of Public Land. The Commission of Inquiry into the Illegal/Irregular Allocation of Public Land, which came to be Upon detailed review of land-related laws in Kenya, official reports concerning the land . Create a book · Download as PDF · Printable version. This report is based on the KLA/Kenya National Commission on Human Rights ( KNCHR) . and the report of the Commission of Inquiry into the Illegal/Irregular Allocation of Public goudzwaard.info%20faults% goudzwaard.info goudzwaard.info report-.
Gamsberg Macmillan, pp. Abbink, M. Brill African and Irregular allocation of public land Dynamics; vol. Political provides an insight into a critical, recent Culture Since Independence, Uppsala: To put it in the latest Sachikonye, L. Sherbourne, R. Any Room for Economics? But the story the Ndungu Opinion no. Minority Rights Group political economy — land.
International; , Etosha Dreams: Chasca, D. Werner, W. Yet in commenting upon this, tion charges, on the grounds that ulti- The Economist 18 December notes mately he opted to leave office peacefully, that Kenya remains one of the most which seems more likely to set the key corrupt countries in the world, and precedent Brown, This is demonstrated by the recent connected appoint their chums and rela- release December, of the Report of tives to plum public posts.
Meanwhile, although the tions that the large majority of such new government has promised an end to awards should be revoked. However, the culture of impunity for the powerful whilst it is such juicy findings which that developed under Moi, several minis- have gained the headlines, it is the ters involved in corruption scandals chapter and verse which the Report both new and old are going unpunished.
Such a review can only be squarely on their feet in the new cabinet. In this ing the beneficiaries, identifying public context, access to land becomes critical to officials involved in illegal allocations, popular well-being, and the illegal ap- and making recommendations for ap- propriation of public land a peculiarly propriate measures for the restoration of visible crime that has come to excite huge illegally allocated lands to their proper passion, not least because, as the Com- purpose, for prevention of future illegal mission Report asserts, the practice of allocations, and for appropriate criminal illegal allocations of land increased dra- prosecutions.
It was but one of a series of matically during the late s and measures designed to tackle the issue of throughout the s: It was the basis upon which the p. It has traditionally dictated the pulse of our The Law Relating to the nationhood. At the turn of the previous to allocate Crown lands as distinct from century, the colonial administration lands reserved for African Customary could justify its allocation of lands to Tenure was vested in the Governor, and European settlers by arguing that, with under him, the Commissioner of Lands.
Trust land is land. However, in what is either government land or trust land one of the through registration after all legal proce- dures have been strictly followed pp. According to these definitions, it is allocation in Kenya, what appears to have only government land which is public succeeded in the colonial period i. However, because trust facilitated the massive illegal and irregular land has long become victim to land abandonment of public land by the Gov- grabbing, the Commission opted to re- ernment after independence, gard all trust lands which had been illegally allocated as public land for its for it was to be the very officials and own investigative purposes p.
Yet even the President Kenya, dissolved under independence, cannot exercise his powers without pay- and land was to become granted for ing regard to the public interest. Accord- unalienated land to be sold by auction ing to the Commission, all types. In unless the President prescribes other- Kenya, it explains, land is divided into wise for business or residential pur- the three categories of government land, poses but only if it is not required for trust land and private land.
Such a letter of allotment is only the presidents of alienated land viz, made to the person to whom it is ad- land which they did not have legal dressed, lapses after 30 days, and has power to allocate. Various Commission- various conditions attached, and as such ers of Lands had made direct grants of cannot be legally transferred to another government land without any authority person.
Meanwhile, trust land can only from the President. Forged letters and be removed from the communal owner- documents were used to allocate land in ship of local people through legally numerous instances, with many records prescribed adjudication processes, at the Ministry of Lands and Settlements whereby local communities are given having been deliberately destroyed.
Of- ample notice and opportunity to claim ten, land was sold by grantees without their ownership in accordance with their any adherence to the conditions laid customary law.
In broad summary, the ports and memoranda by professional Commission found that the powers associations and members of the public, vested in the President had been grossly the Commission categorised its findings abused by both the President and succes- according to three broad types of public sive Commissioners of Lands and their land: The ers, physical planners, engineers, archi- Commission indicated that numerous tects, land registrars, estate agents and methods were used to grab land falling bankers in the land and property mar- under this category.
Within a few weeks, the government holds shares, the Commis- then Head of the Public Service, Profes- sion noted that although the download sor Philip Mbithi, who was a Director of and disposition of land is incidental to the Company, wrote to the head of the their business, many such entities have National Social Security Fund NSSF acted as if they were set up to deal in land informing him that the president had and have participated in land grabbing suggested that the NSSF download the schemes through which the public has land at market value.
Such land was value!
Today, the land downloadd by the customarily sold at less than market NSSF remains largely undeveloped, as value to allottees, who often proceeded to does that remaining with Numerical sell it other state corporations at amounts Machining Complex pp. At other times, this regard being the NSSF, which be- corporation land might be allocated by tween and spent some 30 the Commissioner of Land to individu- billion n.
Through such oped plots throughout the country. Prime offenders included the settlement and agricultural production. Ministry of Livestock and Fisheries De- velopment which claimed only to have Allocation of plots, formally conducted lost small fisheries land, while informa- under Settlement Fund Trustees, devolves tion provided by the public indicated in practice upon District Plot Allocation that it has lost large tracts of its livestock Committees composed of the District holding grounds.
Similarly, the National Commissioner, District Settlement Of- Youth Service is said to have lost thou- ficer, District Agricultural Officer, the sands of acres of land in allocations to area MP, the Chairman of the relevant prominent politicians. This was funded lack any supervisory powers over these by the Ministry of Roads and Public committees, with the result that the local Works between and for The result has been pre- quently managed by the Ministry of dictable, with the interests of the land- Tourism.
Mean- ment. KICC now constitutes the subject while farms belonging to the Agricultural of a court case concerning ownership Development Corporation, designed to between KANU and the government provide an the needs of the agricultural pp. In addition to the above, extensive tracts Trust land, including settlement scheme of Trust Land have been illegally allo- land downloadd by government with cated, with county councillors having international loans from European set- been the main beneficiaries.
Whilst the tlers for settlement by African smallhold- Commission was able to provide some ers or carved out of Trust land, has been glaring examples of such abuse, it was similarly abused. The Commission found hampered in its work by the failure or that, overall, whilst the establishment of refusal of councils to submit relevant settlement schemes and their subsequent information p. It concludes: It comes as no surprise that greatest danger to these resources … the land belonging to the military, and even most pronounced land grabbers in these land portions belonging to State Houses areas were the councillors them- and lodges, have also been sold off.
After examination of gally. The beneficiaries of such exci- lic Archdiocese of Nairobi, the Church sions include often private schools, Commission of Kenya, and the Anglican government institutions, and religious Church pp. Fortunately, well as for a comprehensive land policy, the Commission finds that the National the Commission also urges the establish- Parks and Reserves have been more ment of a Land Titles Tribunal charged effectively protected, yet nonetheless it with reviewing each and every case of provides some ten cases of illegal alloca- suspected illegal or irregular allocation tions within KWS protected areas, and of land, and hence embarking upon the 15 cases in KWS alienated plots beside process of revocation and rectification of them.
Furthermore, the Commission also such titles. Its specific recommendations, land set aside for national museums and by way of example, include the follow- monuments having been illegally allo- ing: Numer- grabbing. Yet what is lacking from its ous improperly documented allocations analysis, even if — strictly speaking — it of land by Kenya Railways should also may have gone beyond its terms of be examined, whilst allocations made reference, is some assessment of what by the Kenya Agricultural Research In- land grabbing may have had upon the stitute, 31 by Kenya Pipelines, made economy, and whether, in particular, by Kenya Industrial Estates, and by land which was illegally appropriated the prison authorities should be revoked, has been put to productive use.
In this as well as smaller numbers of plots regard, no overall summary or analysis illegally allocated by other state corpora- has been provided, even though, with tions.
There should also be revocation of regard to the majority of allocations, the titles of some 7 illegal allocations made Commission offers two columns which by the judiciary! Furthermore, only those who controlled the post-colonial more detailed analysis will be able to tell state, alongside the failure of an African us how much land-grabbing has contrib- business class to promote industrialisa- uted to the unregulated and under- tion and development.
Of course, this offers a indicates that, without a doubt, the prime host of raw material for researchers to responsibility for defending remaining pursue, enabling them to identify, public land will continue to fall, willy through detailed cross-referencing to nilly, upon the shoulders of civil society. Ajulu R. Even though the Commission has Brown, S.
East African Edu- cational Publishers. Klopp, J. More probably — save perhaps for a few show case revocations - they will want to draw a line under the past, and simply ordain Ngugi Appeal, that no further transgressions should be page permitted, although even that aspiration seems unlikely to be realised given the continuing nature of Kenyan politics as ethnically manipulated and patronage based, especially if the Commission is correct in identifying illegal land alloca- tions as regularly increasing around the time of competitive elections.
The Danes did it differently. It is difficult to judge the unusual not least because each of the overall impact on the total population of five evaluation teams included Kenya Eastern and Coastal Provinces where the professionals as evaluators, a rare oc- projects were undertaken. Projects were currence despite the current level of undertaken in six sectors namely agri- evaluation requirements.
This is set to able management of soils, water, vegeta- rise to DKK million in What tion and animal resources. Because was unusual was the political economy Eastern and Coastal Provinces fall largely of the aid programme itself.
Later that year, tural extension projects. There was a the Kenyan population overwhelmingly reduction in poverty, helped by the rejected the regime associated with Moi strengthened extension services particu- that was seen to be the seat of the larly where they incorporated local ex- corruption.
As of January , there pertise, but, like most extension services, were still strong claims, not least from this was achieved by not addressing the the British High Commissioner, that poorest of the poor. The major successes corruption was still rife in Kenya. And, were closer to the larger towns where the in early February, , the man leading extension professionals lived.
It achieved much through its community based ac- How do development agencies operate tivities, because it directly targeted the under such a regime? At various times very poorest. In various forms, the nutri- the World Bank and the IMF suspended tion programme, a direct outcome of the aid operations in Kenya.
The Nether- droughts of the s, was a success lands Foreign Ministry closed down story in terms of local pre-disaster plan- their Kenyan aid operation. The British ning and community response but the and the Americans soldiered on, albeit project was at the end of its life. Over the US Embassy and local hotels, would road gangs, using labour based meth- inevitably produce a weaker local re- ods, were trained, with over a third of the sponse in future disasters.
The road gangs led by women. Considerable Kenya Flash Appeal, released by the progress has been made towards a kind United Nations Office for the Coordina- of privatisation that sees these gangs as tion of Humanitarian Affairs OCHA , businesses contracted to the state. The activities clearly showed that ery.
Planning and management have im- necessary skills exist in rural communi- proved at all levels, and professionals ties for the communities themselves to within the hospital system think as a organise and maintain roads that are unified service.
Beyond the hospital sys- viewed as necessary arteries for local tem, environmental health professionals development. Why Danida decided to were largely excluded from the reforms run down such a project is open to although they are in the frontline in question although the approach has controlling endemic and epidemic dis- since been championed by the World ease.
But beyond the professionals, there Bank. More broadly, attention will have and multilateral agencies withdrew. The cient to deliver rural health. Poverty was not viewed as the only sector capable of directly addressed except in the nutri- generating large-scale employment op- tion project and the poorest were not portunities in Kenya.
There was a highly visible tural sector, a missed opportunity for Kenyan management to all projects clearly informal employment generation in a showing capacity to address rural devel- largely rural area. Many of the small opment.
But dk. On the bottom line, however, and beneficiaries, parallels the formal evaluation; copies are obtainable from ETC UK, , Norfolk this created Danida, not Kenyan, institu- Street. In responding to the evaluation, Danida noted that: London, 12 February The conclusion stating that it was a 4.
Danida programme country despite coop- eration difficulties with the former gov- 5. While praise is due for the senting organisations in 20 countries, Danish response it stands in stark con- announced today 28 February in trast to the reaction from Denmark to Oslo a campaign against the US energy similar situations in Malawi, Eritrea and company Kerr-McGee KMG. This Okla- Zimbabwe.
Kerr-McGee has been Endnotes exploring for oil and gas in the territorial waters of Western Sahara since 1. Hard copies which are free, can be obtained by contacting the national solidarity movement for West- Danish State Information Centre at http: Occupied Western Sahara: In mid-October of that year administrator Skagenfondene has sold the International Court of Justice ruled its Now the govern- in the first days November, forcing a ment-owned Norwegian Petroleum Fund majority of the population into refugee is considering if it should sell its shares, camps in Algeria.
Today, 19 organisations on four into Morocco. The UN Legal Council continents have all started contacting says that Western Sahara is a non-self- their respective Kerr-McGee sharehold- governing territory and that exploitation ers simultaneously. According to Richard Knight, a explaining them the nature of the con- member of the Association of Concerned tract, urging them to recommend their Africa Scholars and spokesperson of clients to sell. Now contacting the share- Western Sahara Resource Watch: Now eignty over Western Sahara.
The we hope to get some assistance from their Polisario-formed government in exile, a shareholders. If the constructive share- of Western Sahara: Morocco has even rejected a tracts.
This happened as a consequence generous plan put forward by former US of active shareholder ownership and Secretary of State James Baker. Kerr- dozens of sell-outs over the last years.
It pany, and we strongly urge Kerr-McGee bans the foreign funding, and thus se- to not renew their contract. We are very verely curtails the activities of, civil sure that our measures will make Kerr- society groups involved in anything McGee withdraw, as the last company in remotely approaching human rights or the industry still operating in Western governance activities funds from the Sahara.
The question is how and when. Zimbabweans abroad — wsc gn. WSRW is a ists. The report character enshrined in several UN resolutions condemned it as and human rights documents. The easy answer This briefing demonstrates evidence that is because ZANU-PF believes the oppo- could be the cause of sleepless nights for sition — in which it collapses the Move- those in power under auspices other ment for Democratic Change and a than their own.
It downplays states are neither genuine nor true to the legacy ranging from their neighbours such as of the liberation war , Zimbabwe Law- Zambia, Tanzania and Mozambique yers for Human Rights, Amani Trust, where freedom fighters were domiciled, Zimbabwe NGO Human Rights Forum, trained and, if they got too precocious, Bulawayo Agenda and Women of Zim- imprisoned to the Swedes, Chinese, babwe Arise,7 which it will target first — Soviets and even some of the many will be strangled without external sup- guises of Britain and the United States.
It port. Suffocation is necessary before the sidelines big NGOs such as Amnesty March parliamentary elections.
Re- International. It all works for Zimbabweans is both less than a to the benefit of the party of tea-drinkers8 myth and more than a lie: He challengers. Mugabe acknowledges in the Nkomo with his multi-racialism and interview that: It reads, in upper case: Sarah F. It would be better for it, be- ing its support. It was not cleared ticularly some of its leaders — reach the with us.
Ariel decided on their own pinnacle of power. Many state agencies initiative to help Mrs. Into the equa- tion must go the fact that there are no What was the Ariel Foundation? Dennis Grennan is one foreign funding per se at issue, but its name that sticks out in respect to the effects, including the psychological ones Mugabe family: Label- older but poorer imperialists across the ling its recipients as on the strings of Atlantic. Perhaps only their while the latter was climbing up the pole elasticity is at issue.
Innocent NGOs the State Department regard Chitepo as one of the more competent and articulate Of course, foreign funding is not just Rhodesian Africans in exile [but] admit- state-to-state-class-in-the-making, and ted to … having been slightly disap- ZANU-PF is well aware of that fact. Thus pointed with him — he made a good its well-trod discourse of the complicity superficial impression, but there did not between human rights oriented NGOs seem to be much substance underneath.
A letter to the restaurant. For those paying prospec- would like to stop now. It assistance to Messrs. We sians seemed to be accepting the good have to sustain the man who is doing the sense of such a policy, as they had fighting in front of us! They rest in the Catho- News series.
Perhaps that is plicators, etc. The hospitality of the It seems that the men who wrote and Politics Discipline at the University of Adelaide in Australia assisted the completion of this paper. There are differences, 2. Panitch, eds , Socialist Register The New Imperialism,, London: Merlin Press, p. To be sure, they and their allies all over the world will be able to break the 5. Hopefully this global civil society and the transitory categories of activists i.
Assuredly, no one will believe the Cliffe among others: John Day , International Nationalism: There have been discussions on developing a series The Extraterritorial Relations of Southern Rhodesian along the same lines for the current moment. For African Nationalists, London: Interview, Harare, September Farm Community Trust of Zimbabwe National Archives, Public Records Office.
Political Affairs, Internal: Zanu Party. It is spelled Chingwendere and Chigwedere in various letters. Immediate Commonwealth Office to Accra. Telno Identity in the Zimbabwean War of National Liberation: Reflections from the Realms of Stephen Dorril , MI6: New York: The Free Press, pp.
The post-Chitepo assassination turmoil in Pioneer Head, p. Embassy, Washington, DC, 29 March, Luise White, The Assassination …. RA 8 San Francisco, pp. The Freedom of Information Act, implemented Alex de Waal , Famine Crimes: International in Relation to Rhodesia: The World Trade Organization Who? The World Trade with child labor. The WTO rules are written by and tial public services such as education, for corporations with inside access to health care, energy and water.
Privatiza- the negotiations. Even simple requests about threatened services including for information are denied, and the elder and child care, sewage, garbage, proceedings are held in secret.
Who park maintenance, telecommunications, elected this secret global government? In some countries, privatization is already occurring. On the contrary, the domination of interna- The WTO Is Destroying the tional trade by rich countries for the Environment benefit of their individual interests fuels anger and resentment that make us less The WTO is being used by corporations safe.
The tems that promote global justice. The WTO has ruled that it is water utilities, and energy distribution, illegal for a government to ban a product which will lead to further exploitation of based on the way it is produced, such as these natural resources.
In — patents, copyrights and trademarks — developing countries, as many as four comes at the expense of health and out of every five people make their living human lives. The WTO has protected for from the land. Developing countries won an im- lowed dumping of heavily subsidized portant victory in when they af- industrially produced food into poor firmed the right to produce generic drugs countries, undermining local produc- or import them if they lacked production tion and increasing hunger.
Unfortu- Countries in Favor of Rich nately, in September , many new conditions were agreed to that will make Powerful Nations it more difficult for countries to produce The WTO supposedly operates on a those drugs.
Once again, the WTO dem- consensus basis, with equal decision- onstrates that it favors corporate profit making power for all. In reality, many over saving human lives.
Many of the world. During the most recent countries do not even have enough trade period of rapid growth in global trade personnel to participate in all the nego- and investment to inequality tiations or to even have a permanent worsened both internationally and representative at the WTO.
Fortunately, the Commission finds that the National Parks and Reserves have been more effectively protected, yet nonetheless it provides some ten cases of illegal allocations within KWS protected areas, and 15 cases in KWS alienated plots beside them. The Commission recorded 26 instances of illegal allocations of land from Nature Reserves falling under the domain of local authorities, whilst there are some 8 known cases of land set aside for national museums and monuments having been illegally allocated to private individuals.
It comes as no surprise that land belonging to the military, and even land portions belonging to State Houses and lodges, have also been sold off. Through this catalog of corruption, the Commission concluded that there was systematic and widespread abuse of public trust by public officials, to the extent that many officials failed to see anything morally wrong with their allocating land illegally. Summary of recommendations[ edit ] The Commission made a series of recommendations  for each of the three main categories as outlined above in the Summary of Findings, as well as a number of recommendation which apply to across the board.
Establishment of a Land Titles Tribunal to embark upon the process of revocation and rectification of titiles in the country; Computerization of Land Records which should be made available to the public for inspection; Insurance of Land Titles to eliminate risk and uncertainty of dealing with forged titles; Establishment of a Land Commission vested with powers of allocating public land and supervising the management and allocation of Trust Land, while revoking the powers of the President and Commissioner of Lands; Inventory of Public Land, since there is no complete record or register of public land in the country; Harmonization of Land Legislation - at present there are more than 40 different statutes dealing with aspects of land administration, ownership and use; Upgrading Informal Settlements in urban centres by establishing decent and affordable housing schemes; Establishment of a Land Division of the High Court which would exclusively deal with land cases.
If consolidating neonatal care within NBU is not the preferred option then similar investments will be needed to make PWs more appropriate for neonatal care. These rates should, however, be interpreted with caution given the large degree of missing data from NBUs. It is possible that a considerable amount of neonatal mortality is missing due to failure to record outcomes in NBU admission registers for almost a third of patients.
Previous studies of neonatal admissions to PWs in sub-Saharan Africa have found mortality rates as high as It is expected that neonates receiving less specialised care on PWs may have worse outcomes than those admitted to specialised NBUs.
Our study has shown, however, that a simple comparison of mortality on PWs and NBUs is not a fair one given the difference in admission policies for neonates to these two wards. In particular, neonates admitted to NBUs tend to be considerably younger and more likely to be preterm births; hence, increasing their risk of mortality by comparison to their older term-born counterparts in PWs. A limitation of our study is that information on admission policies was not collected during the same timeframe as admissions data.
However, we do not expect that policies would have changed since the data collection period. Our estimates of mortality must, therefore, be interpreted cautiously. This may also signal wider problems with NBU admission data; missing data on admissions would result in us underestimating the total burden of neonatal admissions. A substantial proportion are admitted to PWs, where there may be challenges of delivering quality care. Reducing neonatal morbidity and mortality is likely to benefit from a comprehensive long-term strategy spanning the organisation and resourcing of appropriate services that goes beyond local quality improvement efforts.
Data availability The source data are owned by the Kenyan Ministry of Health, County Governments and as the data might be used to de-identify hospitals the study authors are not permitted to share the source data directly. The funders had no role in study design, data collection and analysis, decision to publish, or preparation of the manuscript.