Ndungu Land Commission Report; Inquiry into the Illegal/Irregular Allocation of Public Land

Ndungu Land Commission Report; Report of the Land Commission of Inquiry into the Illegal/Irregular Allocation of Public Land

The Ndungu Land Commission, officially known as the Commission of Inquiry into the Illegal/Irregular Allocation of Public Land, was established by the Kenyan government in 2003. The commission was named after its chair, Paul Ndungu.

The primary purpose of the commission was to investigate the unlawful allocation of public lands and lands reserved for public purposes to private individuals and corporate entities.

The commission was also tasked with providing recommendations to the government for the restoration of these lands to their original purpose or other appropriate solutions.

The commission was composed of 20 prominent citizens, lawyers, and civil servants, particularly those drawn from ministries concerned with the land issue.

Despite the limited time within which to carry out its work, the Ndungu Commission carried out a thorough inquiry, documenting its findings in an extensive report.

The commission’s findings aimed to reverse unlawful actions and ensure land reform through creating an enabling policy and legal framework.

The commission’s findings were categorized according to three broad types of public land: Urban, State & Ministries’ Land.

The commission made several recommendations, including the establishment of a Land Titles Tribunal to embark upon the process of revocation and rectification of titles in the country, an inventory of Public Land, harmonization of Land Legislation, upgrading Informal Settlements in urban centers by establishing decent and affordable housing schemes, and the establishment of a Land Division.

At the heart of the commission’s report was the recommendation that all titles for illegally acquired land be cancelled and that such land be repossessed.

The commission also recommended the establishment of three new institutions – a Land Titles Tribunal, Task Force, and the National Land Commission – to facilitate the reforms.

However, implementing the recommendations of the Ndungu Commission has proven to be a formidable task due to the sheer number of titles identified for investigation or revocation.

Despite the release of the report in December 2004, its recommendations have not been fully implemented, leading to ongoing land disputes and discontent over land distribution and ownership.

The unresolved grievances over land allocation have been cited as a driving factor behind post-election violence in Kenya

Here is the information on the Ndungu Report related to land and corruption in Kenya:

Ndungu Land Report Findings

The Ndungu Report was commissioned by the Kenyan government in 2004 to investigate irregular and illegal allocations of public land.

The report revealed widespread corruption, fraud and land grabbing by elites, public officials and politicians dating back to the colonial era. Key findings include:

• Over 200,000 illegal or irregular land allocations were made between 1962-2002, involving public lands and trust lands.
• Public land was allocated to relatives, friends and political supporters of the government without adherence to legal procedures.
• There was massive grabbing and encroachment of public forests, riparian reserves, road reserves, public utilities and beach access.
• Historically marginalized communities like pastoralists were displaced from their lands which were allocated to private interests.
• There was extensive conflict of interest, with public officials involved in land allocation benefiting privately.
• Political patronage and corruption undermined implementation of land policies and laws.

The report proposed extensive legal and institutional reforms to address the land issues and restore integrity and transparency. However, few recommendations have been implemented.

What Was The Purpose Of The Ndungu Land Commission?

The Ndungu Land Commission, officially known as the Commission of Inquiry into the Illegal/Irregular Allocation of Public Land, was established by the Kenyan government in 2003 with the primary purpose of investigating the unlawful allocation of public lands and lands reserved for public purposes to private individuals and corporate entities.

The commission was tasked with inquiring into the extra-legal allocation of public lands, ascertaining the individuals and entities involved, and providing recommendations to the government for the restoration of these lands to their original purpose or other appropriate solutions.

The commission’s findings aimed to reverse unlawful actions and ensure land reform through creating an enabling policy and legal framework.

The commission’s work was significant in addressing the issues of landlessness on a large scale and recurrent land disputes among individuals and communities in Kenya. It was also instrumental in setting in motion a National Land Policy Formulation Process to try to sort out these underlying problems.

In its report, the commission made several recommendations, including the cancellation of all titles for illegally acquired land and the repossession of such land

It also recommended the establishment of three new institutions – a Land Titles Tribunal, Task Force, and the National Land Commission – to facilitate the reforms.