IDP Land Disputes: Organisation roots for Alternative Dispute Resolution Mechanisms

Nakuru

Monday September 25 2023

KNA By Jane Ngugi/Dennis Rasto

The Kenya Internally Displaced Persons Organisation (KIDPO) has called for adoption of Alternative Dispute Resolution Mechanisms (ADRM) to resolve disputes revolving around land acquired by the State for the resettlement of internally displaced persons.

KIDPO Patron Mr Peter Tena said delayed justice and interference by politicians and wealthy investors with interests in the disputed properties have deprived thousands of IDPs a chance for any meaningful business on their land.

Addressing a press conference Monday in Nakuru, Tena said the disputes over land meant for IDPS has been complicated by politicians who incite land owners and the community not to accept court decisions.

He observed that ownership grievances and historical land claims should never be resolved through incitement or violence and called for full implementation of the necessary policy, legal and institutional frameworks.

Tena observed that after the 2007/2008 post-election violence, Kenya enacted a national land policy whose key principles were carried in the 2010 Constitution. He explained that the two seminal documents subsequently informed the new land laws which have continued to guide sectoral interventions.

The Patron noted that if fully implemented, the laws would remove land from the issues-menu from which political actors would fish for items with which to incite inter-communal violence, which, thanks to twisted logic, would propel some to power.

“It should be noted by all that there was no land-related violence, or displacement of persons in the 2013 and 2017 general elections, which came after Kenya had put in place policy, legal and institutional frameworks that provided mechanisms, and hence hope to resolve pertinent issues and grievances systematically; they hould be fully implemented,” added the patron.

According to Tena, the President and the Lands Ministry no longer determine or hold sway over the distribution of public or community land.

“The National Lands Commission has assumed office and hold the mandate to manage public land on behalf of the two levels of government. It also holds the mandate to address the matter of the grants of public land that had been irregularly allocated,” Tena said.

Tena indicated that the new laws further provided the NLC with a mechanism to receive, admit and investigate historical land injustice complaints and recommend suitable redress. He said though the country is yet to comprehensively ground land reforms, it’s befitting to recognize and celebrate these gradual gains.

“In the past years, as Kenya approached general elections, we would design strategies to avert the possible occurrence of land-related violence. Based on the strategies, we would roll out sensitization to urge leaders, communities and the executive to avert violence, loss of life and property, and the displacement of persons on account of the land question.,” added Tena.

Courtesy; KNA