Letters
to the Editor
Monday, May
10, 2004
Land Invasions: First Exhaust the Legal Process
FOR SOME time now, the press
has been focusing on the part played by legislators Kivutha Kibwana and
Kalembe Ndile in protests over land ownership in Ukambani. The language
used in the reports, however, betrays some bias. The poor were frequently
referred to as a mob, and the constant reference to the disputed land being
private property was evidently to remind readers that the poor were invaders
and lawbreakers who should face the law. Scant attention was given to the
rights and problems of the poor demonstrators.
Whatever the motives of the
legislators, we can say that they certainly highlighted the plight of the
landless and the poor in their constituencies. Ndile went further in naming
the principal landgrabbers a few days later in parliament. He thus dealt
a severe body blow to a fellow MP’s ambitions of ascending to the highest
office in the land. The fact that the minister was adversely mentioned
in illegal allocations of land in Yatta, Makueni and in his home town of
Mwingi was brought to the nation’s attention.
However, I am baffled by
the fact that the protest took place on the very day that the commission
of inquiry into irregularly and illegally allocated land completed its
investigations April 23. Did the two MPs present their complaints to the
commission, like the rest of us? If they didn’t follow that particular
channel, then they need to tell us why they did not participate in an inquiry
established by their own ruling party. If they participated and handed
over their research on grabbed land in Ukambani, then I wonder why they
could not wait another few weeks for the release of the report.
These are questions that
need to be answered because many of us spent months researching and preparing
our submissions. Are the actions of the two MPs telling us to expect little
from the commission? Or are they telling us that the government may well
go through the motions of preparing a report but has neither the will nor
the energy to go ahead and repossess the grabbed land? Worse still, could
the findings of the commission be used to silence the opposition or as
a bargaining tool in the constitutional review process?
If the government is not
sincere in seeing the exercise through, then we are all being taken for
a ride and the consequences for the nation and its commitment to transitional
justice are enormous. For months, we have been requesting the poor and
the landless to act with restraint and await the outcome of the report
of the commission. We have been advising squatters to be patient. Now,
are the two MPs telling us that invasion and forced eviction is the only
effective means of repossessing and redistributing grabbed land?
The government should not
test the patience of the poor. Seeds of doubt about its commitment to fighting
corruption are surfacing on a daily basis. The poor are getting more angry
and organised. What happened in Ukambani could spread like wildfire throughout
the country if the plight of squatters and the landless is not addressed
as a matter of urgency. Legislators Kibwana and Ndile would be better advised
to bring the fight to parliament. Should that fail, then they can resign
their seats and lead the invasions and evictions. That should be a last
resort and they can count on the support of activists in that exercise.
FR GABRIEL DOLAN,
Catholic Justice and Peace
Commission,
Kitale, Kenya
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