Merit-based staffing becomes investor litmus test

Kenya's private sector is pushing back against National Land Commission appointments that exclude core land professionals, creating systematic delays for the country's economy. The Kenya Private Sector Alliance (KEPSA), representing over two million businesses, wants merit-based selections under Section 8 of the National Land Commission Act.

Land administration directly affects investment facilitation, infrastructure expansion, and secure tenure - the foundational layer that determines whether Kenya markets can scale or stagnate. The Institution of Surveyors of Kenya raised parallel concerns about excluding land professionals from recent commissioner appointments. President Eric Nyadimo's objections point to a fundamental problem: without proper technical oversight, land records and dispute resolution mechanisms become unreliable, forcing businesses into expensive workarounds.

Administrative gaps hit SME operations hardest

Small and medium enterprises - the backbone of Kenya's economy - bear the highest costs when land administration fails. Companies must hire external consultants to navigate technical gaps that qualified commissioners should handle internally. These additional expenses reduce capital available for expansion and job creation.

Weak land administration creates artificial switching costs. Companies invest heavily in understanding local processes and building relationships with commissioners. When the underlying system lacks multidisciplinary expertise, these investments become stranded assets.

Constitutional Articles 67 and 250 provide the framework for proper appointments. KEPSA emphasized that land administration plays a central role in Kenya's economic and social development, influencing investment facilitation, infrastructure expansion, environmental sustainability, urban planning, and secure land tenure.

Investment competitiveness faces credibility test

Investor confidence in Kenya's land sector depends on predictable, technically sound decision-making. The National Land Commission under Chairman Gershom Otachi Bw' Omanwa-EBS faces a credibility test that extends beyond individual appointments to the institution's long-term viability.

Professional bodies pushing for merit-based selections highlight reliability concerns. Land disputes, infrastructure approvals, and investment facilitation require specialized knowledge that general administrative experience cannot substitute. Without proper technical expertise, commissioners struggle to evaluate complex cadastral mapping issues, environmental impact assessments, and infrastructure development proposals.

International investors evaluating Kenya against regional alternatives factor land administration quality into their decision matrix. A commission lacking core technical expertise signals higher transaction costs and execution risks, making competing markets more attractive.

Systemic risks compound across sectors

The appointment controversy reflects broader governance challenges that ripple through Kenya's investment climate. When key institutions lack technical capacity, businesses face unpredictable regulatory environments that discourage long-term planning and capital deployment.

Environmental sustainability initiatives, urban planning projects, and infrastructure expansion all depend on commissioners who understand technical specifications and regulatory frameworks. Without this expertise, projects face delays, cost overruns, and legal challenges that undermine investor confidence.

The private sector's unified response through KEPSA and professional surveying bodies demonstrates the stakes involved. These organizations recognize that land administration quality directly impacts their members' operational efficiency and growth prospects.

Merit-based appointments would restore institutional credibility and reduce transaction costs across the economy. Technical expertise enables faster, more accurate decision-making that benefits both domestic businesses and international investors evaluating Kenya's market potential.