MPs pass Bill to strengthen National Land Commission public oversight powers

The National Assembly has passed the National Land Commission (Amendment) Bill (National Assembly Bill No. 43 of 2023).

The bill sponsored by Kilifi North MP Owen Baya seeks to amend the National Land Commission Act, No. 5 of 2012.

Such an amendment would among other things restore the Commission's authority to review all grants and dispositions of public land to assess their legality.

Currently, the Commission is unable to address complaints regarding public land, even in cases where illegalities are evident. This is because of the lapse of Section 14 of the Act, which had initially given the Commission this mandate.

"Subject to Article 68(c)(v) of the Constitution, the Commission shall, within five years of the commencement of this Act, on its own motion or upon a complaint by the national or a county government, a community or an individual, review all grants or dispositions of public land to establish their propriety or legality," read part of the memorandum from Baya.

Additionally, the Bill seeks to extend the timeframe for admitting and processing historical land injustice claims.

"A historical land injustice is a grievance which was occasioned by a violation of a right in the land on the basis of any law, policy, declaration, administrative practice, treaty or agreement. It can also be a violation that resulted in displacement from one's habitual place of residence," noted Baya in his submission.

Under the current law, historical land injustice claims can only be lodged within five years from the Act's commencement.

According to Baya, this restriction has left many land disputes unresolved, even when the injustice is apparent.

As per Baya's submission, the enactment of the bill will neither affect the functions and powers assigned to county governments under the Fourth Schedule of the Constitution nor occasion any additional expenditure in public funds.

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