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National Land Commission Vice Chair Shares Insights on Policy Making Process

  Jan 19, 2017
 

Agenda setting in policy making processes is key as it opens an opportunity window to unearth potential worthy matters to the attention of policy makers. However, withstanding the heavily crowded interest groups continue to be a tumultuous and a dreaded task for many policy making institutions.

The National Land Commission Vice Chair Ms. Abigael Mbagaya Mukolwe shares the policy making process of the commission in the restructuring of land management systems in Kenya, its achievements and challenges.

Ms. Abigael Mukolwe was an invited guest  by  faculty, Dr.Mary Nyamongo for the Healthcare Law and Policy course taught at the Masters in Business Administration, Healthcare Management program on 18th January 2016.

The Land Policy Formulation Process

Kenya had no clearly defined land policy before the formation of the sessional paper no.3 of 2009 on the National Land Policy. The need arose out of the existence of many land laws that were unable to address the complexities of land disputes. The ministry in consultation with other sectoral agencies and development partners set out a framework for policy and its implementation, building an interim administrative mechanism: The National Land Commission.

Capacity building and mechanisms for financing the implementation of the set policy led to the establishment of the land reform transformation unit mandated with the tasks of preparing the implementation of land reform programs, drafting the necessary legislation for the implementation of the policy, establishment of relevant solutions, recruitment and training of personnel, smooth policy transition and enforcement of the implementation of the policy.

The complexities of land management necessitated a legal framework. Currently, the Land Act of 2012 operationalizes equality, giving women an equal right to ancestral land inheritance. An alignment to the legal framework ensures that such sensitive matters engrained with cultural customs are addressed justly.

Milestones Covered

  • Change in governance structure – The establishment of a jurisdiction court as supreme as the High Court to settle land cases. Many of the land disputes are as old as 40yrs. Land management is also incorporated in the county government.
  • Enhanced citizen rights security of tenure and equal rights to land for both genders
  • Supporting legislation to policy implementation: Land act 2012 and Land Registration Act 2012. The commission addresses historical injustices since the country gained independence and disputes arising from property invasion.
  • Recovery of grabbed land.

Challenges

  • Resistance to change.
  • Impunity – total disregard of the law.
  • Corruption
  • Poor state of the land records
  • Poor legislative support

 

About the MBA in Healthcare Management…

The healthcare industry is one of the most diverse and dynamic industries in the world. Access to healthcare on the other hand is a right under many constitutions around the world, Kenya and East Africa included, and indeed its effective provision is dependent on the existence of proactive policy and legislative framework, infrastructure, demographics, epidemiological factors among others. Its efficient provision is however more dependent on the size and quality of its healthcare workforce. Click here to read more



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