[Source: The Standard, by Wainaina Wambu and Protus Onyango]
The National Land Commission (NLC) is caught up in a new storm for demanding facilitation cash from individuals and companies seeking its intervention in land disputes.
The latest controversy was sparked by a demand by NLC officials to Telposta Pension Scheme to pay Sh8.2 million to facilitate commissioners begin hearings over a dispute.
Former NLC vice-chair Abigael Mbagaya acknowledged that has always been the practice and that they have gotten monies from other institutions since their budgets was inadequate.
However, the Ethics and Anti-Corruption Commission (EACC) yesterday insisted it is illegal and they will open an investigation.
Telposta Pension Scheme had written a letter to NLC asking for assistance in reclaiming its reportedly grabbed properties but were unable to after a reply letter in 2017 signed by Mbagaya on behalf of then NLC Chair Muhammad Swazuri asked for Sh8,232,400 to facilitate the process of reviewing of grants and disposition of public land vested to the scheme.
Mbagaya wrote back that NLC had started investigations and “will hold public hearings under section 6 and 14 of the National Land Commission Act, 2012, to determine their legality and propriety as required by the law.”
NLC asked facilitation, including per diem for commissioners and secretariat at Sh4.7 million, air tickets Sh1.2 million, advertisements in two daily newspapers of wide circulation as per the law at Sh1.5 million, cost of fuel for local running at Sh350,000, cost of hall hire, snacks water and lunches Sh700,000, cost of hansard recording Sh400,000.
Telposta Pension Scheme were puzzled by the request and CEO Peter Rotich sought the advice of the scheme’s lawyers and did not pay.
The lawyers advised on out-of-court settlement with the grabbers, petitioning government to revert the properties and compensate the scheme the full value of the properties at the current market rates or file a petition at the High Court.
Speaking to The Standard, Ms Mbagaya rejected claims that asking for such facilitation was an illegality.
Mbagaya said that the Kenya Forestry Service, the National Housing Corporation, the Kenya Prisons and National Museums of Kenya had footed the costs for the hearing of their land disputes.
[Full article: The Standard, by Wainaina Wambu and Protus Onyango]
