Legal gap leaves National Land Commission powerless to recover grabbed public land
NLC officials admitted they can only investigate and recommend action, but cannot revoke titles or enforce evictions.
The National Land Commission has no legal power to repossess illegally acquired public land, a parliamentary committee heard, exposing government assets to continued encroachment.
During a session with the Public Investments Committee on Commercial Affairs and Energy, NLC officials admitted they can only investigate and recommend action, but cannot revoke titles or enforce evictions.
More To Read
- Garissa residents urge state to scrap colonial-era boundary causing conflict with Tana River
- Senators demand reforms at NLC over delayed compensation for displaced landowners
- Over 240 Ang'ata Barikoi residents in Narok move to court over revocation of land titles by NLC
- Kilifi's Mwendo wa Panya residents petition MPs to help reclaim lost ancestral land
- KAA under fire for missing Sh130m land record and Sh113.9m revenue shortfall
- Parliament lacks title deeds for key properties 3 years after auditor’s alert, PAC warns
NLC chief executive officer Kabale Tache told MPs that although the commission is constitutionally mandated to manage public land, it lacks the authority to recover it once it has been grabbed.
The final decision rests with the chief land registrar.
This came as the Kenya Airports Authority appeared before the committee to explain why it has failed to reclaim land set aside for the expansion of Malindi Airport. The land, measuring 100.6 hectares, was initially allocated to the National Oil Corporation but is now partly occupied by a church and an oil depot run by Vivo Energy.
KAA maintains ownership, citing a 1996 title, but lawmakers questioned the credibility of this claim.
“How did KAA include this land in its asset register if the title is held by someone else?” Laikipia East MP Mwangi Kiunjuri asked.
Kabale explained that KAA approached the NLC after the legal deadline for challenging allocations had passed, making it difficult for the commission to intervene.
The commission is now banking on the National Land Commission (Amendment) Bill of 2023, sponsored by Kilifi North MP Owen Baya. The bill aims to extend the time limit for recovering grabbed public land and give the NLC more power. Though it was passed by the National Assembly in March, it has yet to be considered by the Senate.
A section of the committee argued that the bill affects counties and must go through the Senate, which could further delay the process. Committee chair David Pkosing voiced his frustration with the current legal vacuum. “We are discussing in futility. NLC has no legal jurisdiction as we speak,” he said.
Top Stories Today
