National Council of Churches of Kenya

Will the New Constitution Secure Your

One of the most important needs in the life of a person is Peace. Without Peace, all other things lose meaning. In the history of Kenya, the greatest risk to peace is Land. Almost all the conflicts that have occurred were caused by disagreements over Land. This is especially so because having Land ensures that one has Food to eat. For this reason, Kenyans wanted to get a new constitution so that their Peace, Land and Food would be secured. Does the proposed new constitution meet this criteria?

THE DRAFT CONSTITUTION WILL CONSTITUTIONALISE LAND CLASHES

Article 63 (1) of the draft constitution says:"Community land shall vest in and be held by communities identified on the basis of ethnicity, culture or similar community of interest." If the draft constitution is passed during the referendum, Kenyans who have migrated and settled in areas outside the traditional ancestral lands of their tribes may be evicted by the "local" communities. In the past, such evictions were illegal and were done because of impunity. However, if the draft is passed, then every tribe will be given an excuse to evict anyone they think does not belong there, with full support of the National Land Commission. Will this constitution really secure your Peace, Land and Food?

THE DRAFT CONSTITUTION WILL BE USED TO FIX THE MINIMUM SIZE OF LAND A KENYAN CAN OWN OR BUY

Article 68(c)(i) says that Parliament will make laws "to prescribe minimum and maximum land holding acreages in respect of private land". Remember also the Legal Notice No 64 of 2005 issued by the Minister for Lands in 2005 declared that no one should own, buy or sell land smaller than 1 hectare or 2.5 acres since such land would not be registered. Most Kenyans already own pieces of land which are less than 2.5 acres. They don't own the small pieces by choice but because that is what they can afford. In addition, for most Kenyans, their only hope of acquiring land on which they can settle is by inheriting from their parents. If the draft constitution is passed, a parent who owns 3 acres will not be permitted to divide it among his children as an inheritance. Why is the constitution taking away the inheritance of poor Kenyans? Where will you go when you can't get an inheritance from your father? Will the draft constitution really secure your Peace, Land and Food?

THE DRAFT MAY RESULT IN EVICTION OF SOME PEOPLE FROM THEIR LAND

Article 67(2)(e) says that one of the duties of the National Land Commission will be "to initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress". Recent history has shown that many Kenyans who have settled outside the "borders of their ancestral land" were accused of having acquired the land as a "historical land injustice", Is the draft authorising eviction of such Kenyans in the name of correcting "present and historical land injustices" Where will they go? Will passing the draft constitution secure your Peace, Land and Food?

THE DRAFT ALLOWS THE GOVERNMENT TO TAKE AWAY PRIVATE LAND WITHOUT COMPENSATION

Article 68(c)(v) says that Parliament will make laws "to enable the review of all grants or dispositions of public land to establish their propriety or legality." What this means is that ALL Title Deeds in Kenya will be checked to establish if they were properly and legally issued. What guarantee do you have that your Title Deed will be declared proper and legal? Maybe your Title Deed is "a mere piece of paper". Remember that according to Article 40(6), the government will take away your land WITHOUT COMPENSATION if they declare that your Title Deed is not proper or legal. Will this risky process secure your Peace, Land and Food?

THE DRAFT ALLOWS THE GOVERNMENT TO IMPOSE HUGE TAXES ON LAND

Article 67(2)(g) provides that the National Land Commission will "assess tax on land and premiums on immovable property in any area designated by law". The days when Kenyans could peacefully enjoy owning their land are gone! This is because if the draft is passed, then Kenyans will have to pay taxes and premiums (additional taxes) for their homes and other buildings on their land. As a result, owning land in Kenya will be such an expensive thing that only the rich can afford. The government will auction the land of poor Kenyans who will be unable to pay the taxes! Do Kenyans want a constitution that turns them into squatters in their own homeland? Will passing the draft constitution secure your Peace, Land and Food?

THE DRAFT ALLOWS THE GOVERNMENT TO DICTATE HOW YOU USE YOUR LAND

Article 67(2)(h) provides that the National Land Commission will "monitor and have oversight responsibilities over land use planning throughout the country". What this means is that Kenyans will no longer have the freedom to use their land as they wish. You will not be allowed to plant the crops or keep the animals you wish on your land. The National Land Commission will dictate how you use your land. Do Kenyans really need a constitution that dictates to them how to use their land? Will passing the draft constitution secure your Peace, Land and Food?

THE DRAFT ALLOWS MISTRESSES, CONCUBINES AND THEIR CHILDREN TO INHERIT LAND AND PROPERTY

Article 45(4)(a) says that Parliament will make laws that will recognize "marriages concluded under any tradition, or system of religious, personal or family law". Equally, Parliament according to Article 45(4)(b), any "system of personal and family law under any tradition, or adhered to by persons professing a particular religion", will be recognized. What this means is that all kinds of family unions, including polygamous, monogamous, come-we-stay, mpangowakandoas well customary will all be recognized by the constitution. Taking into consideration Articles 68(c)(iii) and (vi), you realize that all the people one has associated with sexually and the children they got will have a right to inherit from you. How much chaos will this create in the homes? How will you divide your land to all the heirs yet the government is limiting subdivision of land to a minimum of 2.5 acres? Will this constitution secure Peace, Land and Food for you and your family?

This Public Information Material is prepared by: Kenya Christian Church Leaders, P. O. Box 45009, 00100; This e-mail address is being protected from spambots. You need JavaScript enabled to view it ; www.kenyachristianchurchforum.org