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Kenya: Orengo Must Tackle Land Hoarding
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Business Daily (Nairobi)
OPINION
11 May 2008
Posted to the web 12 May 2008
Morris Aron
Nairobi
Lands minister James Orengo's recent announcement that he will fast track the implementation of the National Land Policy is music to the ears of millions of Kenyans who have suffered as a result of inequality in land distribution and access.
In deed, land experts and activists were spot on at a recent conference when they said they had faith in Mr Orengo - a man whose name is synonymous with the second liberation struggle - to deliver on the land inequality promise.
Voices across the divide have always maintained that unless the question of land distribution, access, and the sanctity of the land title deed are addressed, Kenya may never know true peace or achieve economic growth that can address the rampant poverty, violence almost every general election date and land hoarding in urban areas.
Given the importance that Kenyans attribute to land ownership - a recent study indicated that land (and real estate ) are the most preferred investment choices among majority of Kenyans - Mr Orengo must be fully aware of the challenges that lie before him.
First and of utmost importance is the challenge of his fellow MPs, who will play a key role in passing the policy into law. As it has been noted, when elections approach, land has been used by politicians as a reward to the loyal and a tool for empty promises while soliciting for votes.
Once the votes are cast and everything settles down, the land issue is completely forgotten only to re-appear after another five years.
Mr Orengo must also be aware that a number of his fellow politicians own huge tracks of land which were acquired through not so legal means, as rewards for campaigning and what not. Most of these lands - sadly to say -lie idle in several parts of the country surrounded by squatters living in squalor.
The challenge here will be how to wrestle back the huge pieces of land to their rightful owners - a task which as of now seems almost impossible. It is needless to say that the debating ability of Mr Orengo will be put to utmost test as he struggles to woo the House to pass the National Land Policy Bill as it is.
Property experts have flouted a pertinent proposal as a possible solution to the question of idle land: land tax.
As one John Ainsley, a renowned educationist, once put it in a research paper, no one should claim to own land.
One can only use land for a period of time, because like air, it is not created by man. Those holding land and are not using it or are speculating on it must be made to pay some percentage of the value of their land as tax.
Reason? They are denying others the opportunity of putting it into fruitful use for the benefit of the overall economy.
According to land experts, what most of these hoarders forget is that for the value of land to rise, their must be other people putting to good use plots adjacent to the one lying idle. For that reason alone, land hoarding is selfish and of no good to the general public.
As a matter of fact, land hoarding is one of the major causes of high cost of housing in Nairobi and its environs.
Such a proposal, Dr Ainsley stated, will not only encourage land use but also lessen poverty as proceeds from such property will, in one way or another, end up in the mainstream economy.
The imposition of such a tax will also see a reduction in the high cost of urban land that mostly is held for sheer speculation.
Though scholars have never been able to agree on the exact proportion of the value of land should be charged on idle land, many agree it is a viable option that can address the land use and distribution effectively - the taxman putting his foot down and going about the assignment with fervour, not favour.
Mr Orengo will also have to face a challenge that is every bank's nightmare now - the question of the sanctity of the land title deed. Only recently, as a result of the skirmishes, banks moved to classify certain areas as high risk zones those that experienced clashes because of land. It was no longer possible to determine who is the owner of which parcel of land, they argued.
Sanctity of the title deed starts in the very building that houses his ministry - Ardhi House. As a matter of urgency, the land registry should be overhauled and computerised. This will unravel any corrupt networks and also achieve efficient and more convenient service.
But as Mr Orengo gets down to work, he would have to do an audit and, possibly, find out if some title deeds were issued irregularly; he may have to revoke some.
Then, of course, the questions of local interest versus the multinationals especially in tea and flower farms, ranches, and settlement schemes. The minister should make use of research findings to put the ardhi (land) question to rest with the benefits of fast development and peace.
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Aron is a reporter with Business Daily.
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