By Melanie Mwangi The International Commission of Jurists Kenya (ICJ) has asked all “innocent” private developers to take legal action against the government and those who sold them the land.
Chairman Kelvin Mogeni said on Monday that such developers should make this move as the government may have irregularly issued titles to them.
Mogeni also asked the government to protect all human rights in the demolition of the target 4,000 structures as part of efforts to rehabilitate Nairobi River.
“We urge that the ongoing process of demolitions be conducted in the manner set out in the Constitution, protecting all rights of the persons they are under,” he said at a press briefing on Monday.
The ICJ further demanded that National Assembly Majority Leader Aden Duale table the TJRC report for adaptation by Parliament to pave way for its implementation.
The report tabled in Parliament in 2013 established how former powerful government officials including former presidents acquired big chunks of prime land across the country.
Earlier this month, Duale asked President Uhuru Kenyatta and opposition leader Raila Odinga to ensure the report by the Truth, Justice and Reconciliation Commission is implemented.
Read: Jubilee faces division as Duale urges adoption of Truth report
Also Read: LSK demands clarity on demolitions, fears laws violated
Mogeni said the Garissa Town MP should also prepare a bill to amend section 14 (1) of the National Land Commission Act of 2012, to extend the mandate of the NLC to include a review of grants and disposition of land as per Article 68 (c) (v) .
“We also demand the full implementation of the Prime Minister’s task force report on the conservation of the Mau Forest,” he said.
On Saturday, Raila called for the removal of settlers who have encroached on the forest, saying their continued stay is a threat to the country’s biggest water tower.
The chairman also demanded full Implementation of the report of the commission of inquiry into the irregular and illegal allocation of public land.
The Ndung’u Land Report was tabled in 2004, during former President Mwai Kibaki’s era. It proposed new laws to open up previously inaccessible and fraudulent property acquisition procedures since independence.
The report listed more than 200,000 title deeds it says were illegally created and registered between 1963 and 2002, by politically and economically influential personalities and families.
Mogeni said: “We accord that this report provides a comprehensive framework and recommendation for the implementation of the allocation of such irregular and illegal titles to land.”
The ICJ boss also urged the DCI to begin procedural and prosecutoral investigations on all irregular and illegal allocations of public land. He wants public officers, surveyors and lawyers involved prosecuted and jailed if found culpable.
Regarding asset recovery, Mogeni said the agency should begin investigations on recovered properties to determine all the benefits sought on irregular and illegal acquired public land.
“We also urge all public and civil society stakeholders and the media to join hands in strengthening institutions of law and safeguarding the gains we have achieved [with the 2010 Constitution].
Published By: https://www.the-star.co.ke/news/2018/08/20/icj-asks-innocent-private-developers-to-sue-government-for-demolitions_c1805547
Photo credits: Ezekiel Aming’a
