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| Gachathi Commission | |
|---|---|
| Name | Gachathi Commission |
| Formed | 1976 |
| Jurisdiction | Kenya |
| Headquarters | Nairobi |
| Chief | Josephat Karanja |
| Type | Commission of Inquiry |
Gachathi Commission The Gachathi Commission was a Kenyan commission of inquiry established in 1976 to investigate disparities and propose reforms related to land and social policy. The commission operated during the presidency of Jomo Kenyatta and reported amid debates involving Daniel arap Moi, Mwai Kibaki, Tom Mboya, Oginga Odinga, and other prominent figures. Its work intersected with institutions such as the Parliament of Kenya, Central Province (Kenya), Nairobi, and the Kenya Land Commission.
The commission was founded against a backdrop of post-independence tensions involving Mau Mau Uprising, Lancaster House Conference, Kenya African National Union, and land disputes that traced to the East Africa Protectorate era. Calls for inquiry were influenced by personalities including Jaramogi Oginga Odinga, Otieno Kajwang', Tom Mboya, and organizations like the Kenya Human Rights Commission, African Land Reform Network, and Kenya Forest Service. Regional actors such as Rift Valley Province, Coast Province, Nyanza Province, Western Province (Kenya), and Eastern Province (Kenya) were cited in submissions to the commission chaired by Josephat Karanja.
The commission's terms of reference addressed historical injustices associated with the White Highlands, settler-era land grants, and the aftermath of treaties and proclamations such as the Crown Lands Ordinance. It examined interactions among institutions including the Ministry of Lands (Kenya), Kenya Revenue Authority, Ministry of Finance (Kenya), and statutory bodies like the Kenya Wildlife Service and the National Museums of Kenya. The objectives included assessing restitution related to events like the Mau Mau Trials, examining customary tenure systems practiced by communities including the Kikuyu, Kalenjin, Luo, Kamba, and Maasai, and recommending links to development projects led by entities such as the Kenya Agricultural Research Institute and Ministry of Agriculture (Kenya).
Leadership was provided by Josephat Karanja, supported by commissioners with ties to institutions such as University of Nairobi, Kenya School of Law, Kenya Institute of Administration, and civil society groups connected to Amnesty International and International Commission of Jurists. Members drew expertise from figures associated with Commonwealth Secretariat, United Nations Development Programme, Food and Agriculture Organization, and regional bodies like the Intergovernmental Authority on Development. Legal perspectives referenced precedents from jurisdictions including Uganda, Tanzania, Zambia, South Africa, and India.
The commission identified patterns of land concentration echoing issues seen in reports by Carl Liedholm and analyses referenced by the World Bank. It documented cases involving estates, trusts, and corporations with links to entities such as Imperial British East Africa Company and post-colonial investors. Recommendations included proposals for statutory reform akin to measures in the Land Act (Kenya), institutional reform resembling provisions in the National Land Commission (Kenya), compensation frameworks comparable to those considered by the Truth and Reconciliation Commission (South Africa), and administrative changes paralleling models from the Lands Tribunal (UK). It advised coordination with agencies like the Kenya Police, Attorney General (Kenya), and Judiciary of Kenya.
The executive response involved debates within the Parliament of Kenya and actions by ministers from portfolios including Ministry of Lands (Kenya), Ministry of Agriculture (Kenya), and Ministry of Local Government (Kenya). Implementation encountered resistance from political actors associated with Kenyatta family, regional power brokers in Rift Valley Province, and commercial interests tied to entities like Kenya Commercial Bank and private landholding companies. Subsequent legal developments engaged the High Court of Kenya, appeals to the Court of Appeal of Kenya, and influenced statutory instruments drafted by the Attorney General (Kenya)'s office.
Long-term effects of the commission's work are observable in reforms leading toward institutions such as the National Land Commission (Kenya), land policy debates involving figures like Wangari Maathai and Raila Odinga, and scholarly studies at the University of Nairobi and Moi University. Its legacy influenced later inquiries including the Truth, Justice and Reconciliation Commission (Kenya) and policy shifts discussed in forums hosted by United Nations, African Union, Commonwealth of Nations, and International Monetary Fund. The commission remains cited in academic literature produced by scholars affiliated with Institute of Development Studies, African Studies Association, Kenya Institute for Public Policy Research and Analysis, and in policy papers circulated by NGOs such as Transparency International and Oxfam.
Category:Commissions of inquiry in Kenya