Our current constitution does not protect title to land that has been unlawfully acquired. But some land owners have wondered whether the national land commission has the power to cancel titles to previously irregularly allocated public and community land. So does it or does it not? If the commission does not have such powers, then who has? Let us look at the laws. The sessional paper on the national land policy states that the Land Act would provide for a Land Titles Tribunal, under the National Land Commission, which would determine the bona fide ownership of land that was previously public or community land. But other than prescribing how the land commission will allocate and manage public land on behalf of the national or county governments, the Land Act enacted doesn’t address itself to the issue of cancellation of titles.

After the recent Special Issue Kenya Gazette Notice Vol. CXV No 27 of 20th February 2013 on the Chair and Members to the National Land Commission, the swearing in of the team by Kenya's Chief Justice Dr Willy Mutunga was done on Wednesday 27th February 2013.

Those sworn in were:-

Chair

Commission gazetted: Wednesday 20th February 2013

Yesterday Wednesday 20th February 2013 evening, after about six months since Parliament approved names of Commissioners to the national land commission, President Mwai Kibaki gazetted the national land commission. The Commission may be sworn in any time now. This brings to an end a 'see saw' that saw three petitions filed against the gazettement by various groups of interested parties. The High Court dismissed all the petitions.

One group later appealed against the High Court decision and sought orders to restrain the President from gazetting. The Court of Appeal refused to give the orders until after a full hearing. That left the President free to gazette the commission. But he didn't. The 'see saw' continued.

High Court directs President to appoint national land commission within 7 days

Following a prayer through a Constitutional petition 6/2013 by a petitioner Amoni Thomas Amfry from Turkana County and another, Nagib Mohamed Shamsan from Mombasa County, Justice David Majanja yesterday Monday 4th February, 2013, issued orders directing the President to gazette the national land commission within seven (7) days.

The Minister for Lands was the 1st Respondent in the matter and the Attorney General was the 2nd Respondent. Those listed in the petition as interested parties, the chair and members-elect of the national land commission are:

Petition No 6/2013 to be heard on Monday 28th January in High Court Room No 3, Milimani, Nairobi

When Petition No 6/2013 seeking mandatory orders to compel the relevant authorities to do their constitutional duty of gazetting the national land commission came up on Thursday 17th January, the Attorney General sought time to consult.

A date of Monday 28th January 2013 was therefore given and the matter therefore comes up tomorrow at the High Court Room No 3 at Milimani. It is expected that a ruling will also be made to the prayer made on the 17th seeking the adjoinment of Katiba Institute on the matter.