Land is a sensitive issue that directly affects the socio-economic stability of any community. Nandi County has a long trace of land issues dating way back to the colonial times. The County Government of Nandi has taken a keen interest in addressing the historical land injustices that has always haunted some residents of the county.
REPUBLIC OF KENYA
THE COUNTY GOVERNMENT OF NANDI
THE COUNTY ATTORNEY’S OFFICE
Telephone: 053 5252355
P.O. Box 802-30300 KAPSABET Date: 30/05 /2018
PROGRESS REPORT
PART ONE
Table of Contents
- A Comprehensive Redress of Present and Historical Land Injustices; 3
- Creation and deployment of a County sponsored dispute resolution forum; 4
- The realisation of land rights through a county sponsored program for the issuance of land titles; 5
- Activity a program to audit land owned and/or held by the County Government of Nandi for the benefit of the residents of the County; 6
CHALLENGES & LESSONS LEARNED 9
TASK DETAILS
PROGRAM NAME | LAND RIGHTS AND LAND JUSTICE PROGRAM IN NANDI COUNTY |
LOCATION | NANDI COUNTY |
DEAPRTMENT | The County Attorney’s Office in conjunction with the Department Of Lands, Environment and Natural Resources |
REPORTING PERIOD | 15th March, 2018 to the 15TH of MAY, 2018. |
REPORT COMPILED BY | AWI KIBET Legal Counsel (Litigation and HLI Affairs) NANDI COUNTY |
DATE SUBMITTED | 15TH OF MAY, 2018 |
Summary
On the 15th 0f March 2018 His Excellency the Governor and indeed his administration was charged and mandated by the people of Nandi to explore and pursue all available option to address what can be broadly classified as the land question in Nandi County.
The succinct reinstatement of the mandate can be captured in the annexed Nandi Hills declaration of 2018. (See appendix A)
The County Attorney’s Office in conjunction with the Department Of Lands, Environment and Natural Resources were tasked by H.E the Governor to pursue the agenda in line with the Nandi Hills Declaration of 2018 and the comprehensive strategy on land right and land justice program previously developed and adopted.
Without labouring by going into the details the strategy had adopted a four pronged approach.
- A comprehensive redress of present and historical land injustices;
- Creation and deployment of a County sponsored dispute resolution forum;
- The realisation of land rights through a county sponsored program for the issuance of land titles; and
- A program to audit land owned and/or held by the County Government of Nandi for the benefit of the residents of the County.
ACTIVITIES & OUTPUTS
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A Comprehensive Redress of Present and Historical Land Injustices;
Status | In progress |
Objective |
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Activity dates | Planned: the 15th of march 2018 to date |
Progress |
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Outputs created |
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Creation and deployment of a County sponsored dispute resolution forum;
Status | Still under development |
Objective |
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Activity dates | The 15th of march 2018 to date |
Progress |
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Outputs created |
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The realisation of land rights through a county sponsored program for the issuance of land titles;
Status | In progress |
Objective |
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Activity dates | 15th march, 2018 to date |
Progress |
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Outputs created | The processing of over 2000 title deeds is on course |
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Activity a program to audit land owned and/or held by the County Government of Nandi for the benefit of the residents of the County;
Status | Ongoing |
Objective | True land reform is only possible after a comprehensive audit of all land holdings. Major interest is to be directed at land owned or held by the County Government which would enable for it to be secured and exploited fully. The land leases issued by the county government ought to be audited with a view of establishing an up-to-date database. |
Activity dates | 15th March, 2018 |
Progress | Of urgent concern has been the process by the county to title some of its land holdings to enable its full exploitation.
Some on the ongoing processes include ;
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Outputs created | All the aforestated activities are in progress |
Summary chart; RESULTS
Indicator | Baseline | Target | Status as of 30th April 2018 | |
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A comprehensive redress of present and historical land injustices; | See Appendix C | In progress | |
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Creation and deployment of a County sponsored dispute resolution forum; | See Appendix D | In progress | |
3 | The realisation of land rights through a county sponsored program for the issuance of land titles; and | In progress | ||
4 | A program to audit land owned and/or held by the County Government of Nandi for the benefit of the residents of the County. |
In progress |
PARTNERS & STAKEHOLDERS
The following table summarises our relationship with key partners and stakeholders during the reporting period:
Partner / Stakeholder | Relationship update | |
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The National Government; | |
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The National Land Commission (NLC); | |
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The bona fide victims e.g. squatters; | |
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Religious organizations; | |
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Local and International Land based Non-Governmental Organizations (NGOs), Community Based Organizations and land activists; | |
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Agro-based Companies (Tea, Sugarcane and Multinational Corporations); | |
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Elected and local leaders; | |
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The Clergy; | |
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The Fourth Estate; | |
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Professionals and experts; and | |
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Council of Elders (Nandi Gaa Kaburwo). |
CHALLENGES & LESSONS LEARNED
The following table summarises the challenges we have faced during the reporting period and the lessons learned / solutions for each challenge.
Challenge | Lessons learned / solutions |
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BUDGET
Budget heading | Specific expenditure items | Unit cost | No of units | Expenditure this reporting period | Total expenditure to date |
Formulate a policy on disputes resolution
County Government to establish a taskforce comprising members of the legal and lands departments and external expertise if need be to formulate a comprehensive policy on the adoption and operationalization of an ADR process in the county. |
Technical Committee Meetings
Transport Venue Meals Allowances Stationery Miscellaneous |
18,000/-
10,000/- 9,000/- 45,000/- 2,000/- 10,000/- |
9
people 14 days |
162,000/-
140,000/- 126,000/- 630,000/- 28,000/- 140,000/- 1,226,00/- |
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Undertake public participation in the final policy draftConnected to the drafting of the policy will be a comprehensive attempt to ensure that there is public participation for three reasons;
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Technical Committee Meetings
Transport Venue Meals and Allowances Stationery Miscellaneous |
18,000/-
10,000/- 9,000/- 45,000/- 2,000/- 10,000/- |
9
people 14 days |
162,000/-
140,000/- 126,000/- 630,000/- 28,000/- 140,000/- 1,226,00/- |
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County executive committee approval for the deployment of ADR program in the County
Once the policy draft is ready the same shall be tabled in the County Executive Committee meeting where it shall be approved. |
CEC MeetingTransport
Venue Meals and Allowances Stationery Miscellaneous |
300,000/- | 3 days
GVN DGVN 11CEC 8 staff |
900,000/-
900,000/- |
. |
Pilot run
To test the systems and its capacity to be effective the County should run a pilot program which shall yield useful data before its full operationalization. |
ADR Committee Meetings Transport
Venue Meals and Allowances Stationery Miscellaneous |
18,000/-
10,000/- 9,000/- 45,000/- 2,000/- 10,000/- |
9
people 14 days |
162,000/-
140,000/- 126,000/- 630,000/- 28,000/- 140,000/- 1,226,00/- |
. |
Establish a monitoring and evaluation system for appropriate feedback
Part of the process shall include a mechanism for monitoring its effectiveness to justify the fiscal and human resource costs. |
External consultant Transport
accommodation Meals Allowances Stationery Miscellaneous |
2,000/-
10,000/- 2,000/- 10,000/- 2,000/- 10,000/- |
6 days | 12,000/-
60,000/- 12,000/- 60,000/- 12,000/- 60,000/- 216,000/- |
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Defining the geographical area of interest; | Technical Committee Meetings
Transport Venue Meals and Allowances Stationery Miscellaneous |
18,000/-
10,000/- 9,000/- 45,000/- 2,000/- 10,000/- |
9
people 14 days |
162,000/-
140,000/- 126,000/- 630,000/- 28,000/- 140,000/- 1,226,00/- |
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Mapping property boundaries and identification of land parcels to be audited; | Technical Committee Meetings
Transport Venue Meals Allowances Stationery Miscellaneous |
18,000/-
10,000/- 9,000/- 45,000/- 2,000/- 10,000/- |
9
people 14 days |
162,000/-
140,000/- 126,000/- 630,000/- 28,000/- 140,000/- 1,226,00/- |
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Determining land ownership; | Subsequent financial years | ||||
Relating ownership information to property boundaries; | |||||
Establishing the status of access roads and routes; | |||||
Mapping current land uses; | |||||
Recording current land use control measures; | |||||
Deriving potential land use zoning, | |||||
Inferring land use status; and | |||||
Carrying out fieldwork. | |||||
Determining land ownership; | |||||
Engagement of consultants Lawyers
Researchers Drafters |
Legal dues Consultants
Drafters |
1,000,000/-500,000,00/-
500,000/- |
11
1 |
1,000,000/-500,000,00/-
500,000 2,000,000/- |
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Compensation and restorative payments\ | Legal dues Land acquisitions
Compensation pay outs |
1,000,000/-4,000,000/-
1,000,000/- |
11
1 |
1,000,000/-4,000,000/-
1,000,000/- 6,000,000/- |
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TOTAL |
Yours,
KIBET AWI
County Legal Officer
(Litigation and HLI Affairs)
Land Rights And Land Justice Program: Historical Lands Injustices NLC Intervention
Program of activities in readiness for hearings on the 10th of July 2018
Folio | week | Dates | Activity | Target Outcome | Outcomes | Remarks |
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ONE | 28th of May 2018 | Trial preparation for NYANDO VALLEY | Trial Readiness |
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29th of May 2018 | Trial preparation for
TIMUR NANDI ASSOCIATION |
Trial Readiness |
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30th of May 2018 | Trial preparation for
NANDI ROYAL TRUST |
Trial Readiness |
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31st of May 2018 | Trial preparation for
TITAN SQUATERS |
Trial Readiness |
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TWO | 4th of June 2018 | Trial preparation for KIMONDI SQUATTERS …. MWEIN KECHIRE | Trial Readiness |
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5th of June 2018 | Trial preparation for SAVANI CLAIMANTS | Trial Readiness |
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6th of June 2018 | Trial preparation for CHEMOMI SQUATTERS…KIMASAS GROUP | Trial Readiness |
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7th of June | Trial preparation for CHEPKUMIA EXCHANGE PROGRAM CLAIMANTS | Trial Readiness |
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8th of June 2018 | Trial preparation for TANZANIA RETURNESS | Trial Readiness |
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THREE | 11th of June 2018 | Trial preparation FOR NANDI TUIMUR | Trial Readiness |
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12th of June 2018 | Trial preparation for
TALAI CLAN |
Trial Readiness |
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15th June 2018 | Trial preparation for
TINDIRET TEA ESTATE SQUATTERS |
Trial Readiness |
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FOUR | 18th of June 2018 | Site visit for audio visual recording of witness statements, NYANDO VALLEY ASSOCIATION | Trial Readiness |
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19th of June 2018 | Site visit for audio visual recording of witness statements NANDI TIMUR | Trial Readiness |
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20th of June 2018 | Site visit for audio visual recording of witness statements MIWANI/ kibos ROUTE CHEMOLONGOL MKRT THEN CHEBIRIR MKT CHEMURSOI MKT | Trial Readiness |
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21at of June 2018 | Site visit for audio visual recording of witness statements NANDI HILLS KIMASAS NANDI HILLS SAVANI | Trial Readiness |
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22nd of June 2018 | Site visit for audio visual recording of witness statements CHEPKUMIA KIMONDI | Trial Readiness |
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FIVE | 25TH TO 29TH OF JUNE 2018 | VISIT BY TEAM TO VARIOUS REGISTRIES TO AS CERTAIN LAND RECORDS AND EVIDENCE TESTING
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Trial Readiness |
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WEEK SIX | Site visit for audio visual recording of witness statements CHEPKUMIA KIMONDI | Trial Readiness |
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2ND TO 6TH J ULY 2018 | COMPREHENSIVE REVIEW AND STRATEGY MEETING | Trial Readiness | ON-GOING | |||
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WEEK 7 | 9th -13th july 208 | NATIONAL LAND COMMISSION HEARINFS AT NANDI | LOADING |
REPUBLIC OF KENYA
THE COUNTY GOVERNMENT OF NANDI
COUNTY LAW OFFICE
PROGRESS REPORT
TASK DETAILS
PROGRAM NAME | LAND RIGHTS AND LAND JUSTICE PROGRAM IN NANDI COUNTY |
LOCATION | NANDI COUNTY |
DEAPRTMENT | The County Attorney’s Office in conjunction with the Department Of Lands, Environment and Natural Resources |
REPORTING PERIOD | 15th May, 2018 to the 6th of July, 2018. |
REPORT COMPILED BY | AWI KIBET Legal Counsel (Litigation and HLI Affairs) NANDI COUNTY |
DATE SUBMITTED | 15TH OF MAY, 2018 |
Summary
After the 17th of May 2018 mention of cases by the National lands commission the next challenge was to prepare for the hearing at three levels.
- Readiness of the claimant groups
- Preparation of the county’s own claim
- Preparation of the border petition
To this end the HLI team drew a road map and a schedule of activities all geared towards adequate preparation as captured below.
Yours faithfully,
KIBET AWI
County Legal Officer
(Litigation and HLI Affairs)
One Comment
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Comments *thank
you
good work god pays
1:56 pm - December 6, 2020