The Land Laws (Amendment) Bill, 2023

19 Oct 2023 domainNational Assembly No. 65 of 2023 Gazette: Supplement No. 194 of 2023
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Executive

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Final

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1

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.

2

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.

3

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.

4

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.

5

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.

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