The Lands Ministry has lately been on overdrive to amend land laws and regulations. Laws are dynamic and need occasional amendments to keep them abreast with contemporary realities, and to eliminate gaps or overlaps. However, in making and amending laws, it helps to keep the load realistic, and carry practicing professionals, and the user community, along. Where the load gets overwhelming, state departments do have difficulties managing multiple amendments simultaneously, and adequately involving practicing professionals and the user community. Moreover, the capacity of parliament to provide quality oversight gets overstretched.

Amendment Bill: Multiple statutes

For instance, look at what the State department of Lands has tried to handle lately. The Land Laws (Amendment) Bill, which, on the words of the Leader of Majority, was withdrawn, had been shaped to amend six statutes. It took Hon Kimani Ichung’wa to step in to calm Kenyans following protests about this Bill, perhaps evidence of inadequate public involvement. Among others, the Bill proposed to tax freehold land in urban areas and cities. This proposal, along with another to strip the Land Commission of powers to value private land identified for compulsory acquisition, will amend the Land Act. The Bill will also amend five other laws, including substantive ones like the Land Registration Act, the Community Land Act and the Sectional Properties Act. Even seasoned professionals have difficulties reviewing such vast amendments. The lay public will be at sea.

Increased fees for services

Furthermore, the Ministry also made proposals to amend Regulations on the government fees chargeable for various services and documents. The proposals, published by the Cabinet Secretary in April, and approved by the National Assembly Committee on Delegated Legislation in May this year, cut across seven land laws. These include the Survey Act, Valuers Act, Land Act and the Community Land Act. Fees charged under the Land Registration, Physical and Land Use Planning, and the Land Adjudication Acts, have been reviewed too. Professionals and routine service seekers may wish to acquaint with the new fees, contained in Legal Notices Nos 69-77 of 2024.

Increments for regularly sought services will impact a wide cross section of Kenyans. These include fees for official searches, raised to Ksh1000, and the application for the determination of a disputed boundary, which will now be Ksh 3000. Communities applying for registration under the Community Land Act will need to pay some Ksh 5000, while applying for an interest or claim on Community land will cost one Ksh5000. Applications for consents by Land Control Boards will now cost Ksh3000.

Special land control boards

Ironically, a fee of Ksh10, 000 chargeable for special land control board consents, has been introduced. However, this service, which I recall attracted objections from some stakeholders, is yet to obtain legal force. It had been proposed under the Land Laws (Amendment) Bill, which, as mentioned above, was withdrawn. This is good evidence of the gaps and contradictions that come with moving too many amendments simultaneously. The Ministry needs to address the anomaly quickly.

Dated: 1st August, 2024