Monday, April 12, 2010

Land and the Referendum

It is becoming increasingly apparent that the opposition to the Revised Harmonised Draft Constitution has nothing to do with the clauses on abortion or Kadhis' Courts but everything to do with the question of land and equitable access to land. The same forces that have been arrayed against the implementation of the 2009 National Land Policy are the same ones arrayed against the draft.

We seem to have forgotten an important component of our nation's history. When the Mau Mau was formed, it gave itself the name "Land and Freedom Army". Majority of the original members of the Mau Mau were the dispossessed of Central Kenya and the White Highlands. Our main beef with the colonial power was with land policies and our resistance to these policies was violent and political at the same time. President Jomo Kenyatta betrayed the men and women who fought and died over the land question and this is the legacy that has haunted this benighted land ever since.

Over the decades, many attempts have been half-heartedly made to redress the iniquitous distribution of and in Kenya. These culminated in the Ndung'u Land Commission and the National Land Policy. Today, we have the Revised Harmonised Draft. What we decide over the next few months will determine whether or not this country can ever escape its past and forge a bright future for its young and their children.

It is instructive that the standard-bearers of the 'No' campaign are the same people who have acquired thousands upon thousands of hectares of land unlawfully. The opposed the government's plans to evict illegal settlers from the Mau Forest and they will oppose this draft because in the long run, one of its provisions will lead to the repossession of land that had been unlawfully obtained. President Moi and William Ruto may differ on political matters but on the Land Question, they are brothers-in-arms. They are among the thousands of KANU operatives who acquired land illegally from the government using their positions of power to do so at the expense of national priorities and ground realities. They are not alone.

There are literally thousands of foreigners, civil servants, serving and retired disciplined forces operators and ex-colonial settlers who control the bulk of the valuable commercial and agricultural land in Kenya. They will not simply sit by and wait for the National Assembly to act with regards to the millions of acres of and in their possession. They will take steps to forestall any process that will ultimately deprive them of the sources of their great wealth.

When Martha Karua and her colleagues drafted the Constitution of Kenya (Review) Act in 2008, they could not have foreseen that it would be the seed for the dispossession of the above-mentioned worthies. For this, Kenya will owe her a debt of gratitude that only the passing of time will realise. What we must do as a nation is to safeguard the gains that have been made. Even if we do not adopt this draft, we must ensure that the National Land Policy is implemented in full. If it is, one of the main causes of perennial conflict will have been addressed once and for all. Without sorting out the Land Question honestly, we may never get another opportunity to right the ship of state. Governance issues and corruption will continue to be given short shrift.

Mr. Ruto and his fellow 'No' campaigners must be told that in no uncertain terms will they be permitted to derail what is a far-reaching exercise in ensuring equity and equality in Kenya. Someone must take the fight to them and remind them that KANU is no longer the party of choice, that we are tred of being manipulated for the benefit of others and that we shall take all necessary steps to ensure that we emerge a stronger and more vibrant nations. We are the only ones who can take this battle to their door-step. This is the second phase of the Second Liberation and we must prevail. Let this be a warning that shall be heard abroad in the land: you derail this constitution, we are still coming for our land. Come what may!

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