Why surveyors oppose nomination of National Land Commission members

Surveyors have raised objections to President William Ruto’s recent appointment of seven individuals to the National Land Commission (NLC).

The nominees include Dr Abdilahi Saggaf Alawy as the commission's chairperson and Susan Khakasa Oyatsi as the vice chairperson. The other appointees are Daniel Murithi Muriungi, Kigen Vincent Cheruiyot, Dr Julie Ouma Oseko, Mohamed Abdi Haji, and Mary Yiane Seneta, who will serve as commissioners.

The NLC is typically composed of nine members, each serving a single six-year, non-renewable term. Two commissioners, Esther Murugi and Tiya Gallgalo, remain in office until December 20.

The Institution of Surveyors of Kenya (ISK) said the seven nominees have no relevant qualifications in land-related matters and doubted whether they will deliver for the commission.

They also accused President Ruto of sidelining relevant professionals in the commission, such as surveyors, despite many of them applying for the positions.

“While ISK respects the constitutional mandate of the appointing authorities under article 67 and Article 250 of the Constitution of Kenya, and the procedure set out in the First Schedule to the National Land Commission Act, we express our deep concern regarding the apparent exclusion of core land professionals, despite their express recognition under the law as core professionals required for appointments,” said ISK President Eric Nyadimo during a press briefing.

He added: “We wonder whether there was a scoring system by the selection panel; does it mean that the land professionals who applied for the position scored so low to warrant their exclusion?”

Alawy, who comes from Lamu County, was once rejected by a  Parliamentary committee after he was nominated to serve as a member of the National Equality and Gender Commission due to uncertainties around his nationality. Alawy has been listed as an accomplished agricultural economist.

Oyatsi is an accountant by profession who has worked atthe  Judiciary Service Commission(JSC) as acting finance director for six years since 2015, while Muriungi is a property lawyer by profession and an aviation practitioner. Cheruiyot is a certified human resource professional, while Seneta, a former Kajiado County women representative, holds a Bachelor of Education Degree from the University of Nairobi.

According to ISK, parts of Section 8(1 and 2) explicitly list “land law, land survey, spatial planning or land economics” as recognised and relevant fields of expertise for appointment to the commission.

“The law therefore expressly contemplates and anticipates representation from professionals in these disciplines,” said Nyadimo.

He said the work of the commission under Section 5 of the NLC Act is to manage public land on behalf of the national and county governments, advising on registration of title in land in the country, conducting research related to land and natural resource use, investigating historical land injustices, monitoring registration of rights and interests among others, which are technical and spatial in nature.

“These functions are inherently technical and spatial in nature. They require deep expertise in land survey, valuation, physical planning, environmental management, and land administration and governance,” said Nyadimo.

He added, “How will the team that has been proposed carry out these core functions when all these matters are alien to them? We reiterate that the proposed team will find it difficult to provide expert, professional, and strategic direction. This appointment should not be a learning experience.”

The ISK said the previous commission had all the professionals in the land sector, with one of them having three valuers, but without a planner and surveyor.

“But at that time, we said, at least we have a planner and valuer, and they will represent the institution. But this time round, we have two commissioners who are continuing in office, one of them is Esther Murugi, a land economist, but again their term is ending towards the end of this year,” said Nyadimo.

He added: “Even our worry is what happens when these two go towards the end of the year, who will replace them, will there be another interview, will the president again make another nomination?”  

Nyadimo said the NLC should not be used as a learning ground where the new commissioners may use three years to know its mandates, which will be time-wasting.

The institution called upon President Ruto to revoke the nomination and urged the National Assembly not to agree to vet the nominees based on the issues they are raising.

The National Assembly has 14 days to consider the suitability of the seven and either approve or reject their nomination.

“We urge the President to relook at these nominations. The nominations need to fully give effect to both the letter and spirit of Section 8 of the  NLC Act, ensuring that the commission reflects the multi-disciplinary expertise necessary for the effective management of Kenya’s land resources. Land governance must be guided by law, technical competence, and public interest,” said Nyadimo.