The Land Laws (Amendment) Bill, 2023
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Compulsory Acquisition Powers Shift to the Cabinet Secretary
The Bill amends section 107 of the Land Act, No. 6 of 2012, to shift the power to manage preliminary compulsory land acquisition procedures from the National Land Commission (NLC) to the Cabinet Secretary. The Cabinet Secretary will now prescribe criteria, map and value affected land, publish gazette notices, and reject or approve acquisition requests submitted by acquiring public bodies.
No Land Charges Registered Without Rent Clearance
Amends section 56 of the Land Registration Act, No. 3 of 2012, to prohibit registrars from registering any charge on land unless they are satisfied that land rent is not owing, or unless the land is held under a freehold tenure.
Establishment of the Land Acquisition Committee
Inserts a new Part VIIIA (Section 133A) into the Land Act, No. 6 of 2012, establishing a five-member appellate body appointed by the Cabinet Secretary. The Committee will consist of an advocate of at least 10 years' standing, two registered valuers, one licensed surveyor, and one representative from the informal sector to hear and determine appeals against the Cabinet Secretary's compulsory acquisition decisions.
Redress Timelines for Historical Land Injustices
Amends section 15 of the National Land Commission Act, No. 5 of 2012, defining historical land injustices as grievances originating between June 15, 1895, and August 27, 2010. It grants the NLC powers to recommend remedies like restitution, resettlement, or compensation, and mandates that any authority directed to implement such redress must do so within three years.
Stiffer Penalties for Obstructing Land Inspections
Amends section 130 of the Land Act, No. 6 of 2012, raising the penalty for wilfully hindering or obstructing the Commission or its authorized officers during land entries and inspections. Offenders face a fine not exceeding KSh 3 million, imprisonment for up to 5 years, or both.
Bill No.
No. 65 of 2023
Gazette No.
Supplement No. 194 of 2023
Sponsor
Kimani Ichung'wa
Background
The Land Laws (Amendment) Bill, 2023 aims to improve administrative efficiency, clarify roles in compulsory land acquisition, and streamline the valuation and lease processes. To achieve this, the Bill amends the National Land Commission Act (No. 5 of 2012), the Land Act (No. 6 of 2012), and the Land Registration Act (No. 3 of 2012).
Key Amendments
1. National Land Commission Act (No. 5 of 2012)
- Section 14 (Review of Grants and Dispositions): Empowers the Commission, on its own motion or upon complaints, to review grants of public land to establish legality. Unlawfully acquired titles can be directed to the Registrar for revocation, though bona fide purchasers for value are protected.
- Section 15 (Historical Land Injustices): Defines historical land injustices as violations occurring between 15th June 1895 and 27th August 2010. It details various remedies including restitution, alternative land resettlement, creation of wayleaves, and financial refunds to third-party purchasers.
2. Land Act (No. 6 of 2012)
- Section 28A, 28B, & 28C (Rent Assessments): Imposes a system where rent is reassessed every 10 years at a percentage of the unimproved land value. Lessees must be notified of the valuations and are permitted to file objections.
- Section 107 (Preliminary Compulsory Acquisition): Moves administrative powers over compulsory acquisitions from the National Land Commission to the Cabinet Secretary, including receiving requests from public bodies, mapping, and publishing notices in the Gazette.
- Section 112 (Land Compensation Inquiry Committee): Replaces the previous inquiry process with a specialized committee to hear land valuation and propriety claims. The committee includes members appointed by the Cabinet Secretary, National Land Commission, Attorney General, and the acquiring entity.
- Part VIIIA (The Land Acquisition Committee): Establishes an independent tribunal to hear appeals from decisions of the Cabinet Secretary regarding acquisitions. Further appeals can be lodged in the Environment and Land Court.
3. Land Registration Act (No. 3 of 2012)
- Section 56 (Registration of Charges): Prohibits the registration of charges on leasehold land unless proof is supplied that all outstanding land rent has been paid in full.
New Obligations
- Land Rent Payments: Landowners must ensure all land rent is cleared before registering any charge (mortgage) on leasehold properties.
- Lessees' Rent Adjustments: Lessees of public land must comply with rent reviews every ten years, which are calculated based on updated unimproved land value indexes.
- Compulsory Acquisition Compliance: Public bodies wishing to compulsorily acquire land must submit formal requests to the Cabinet Secretary, establish detailed occupant registers, and geo-reference the targeted parcels.
Penalties
- Obstruction Offence: Any person who wilfully hinders or obstructs authorized officers from entering and inspecting land under the Land Act commits an offence. Upon conviction, the penalty is a fine of up to KSh 3 million, imprisonment for up to 5 years, or both.
Transitional Provisions
- Historical Injustice Redress: Any public authority mandated by the National Land Commission to execute a recommended historical land injustice remedy (such as restitution or compensation) is legally obligated to execute the redress within three years of the determination.
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