Old title deeds secure and spousal consent now needed to charge matrimonial property

We’ve some new land laws. But those with title deeds and leases issued under the old ones needn’t panic. They’re recognized under the applicable new law….the Land Registration Act 2012. Spousal rights over matrimonial property are also protected under the new laws. But what does this mean?

Old title deeds secure and spousal consent now needed to charge matrimonial property

We’ve some new land laws. But those with title deeds and leases issued under the old ones needn’t panic. They’re recognized under the applicable new law….the Land Registration Act 2012. Spousal rights over matrimonial property are also protected under the new laws. But what does this mean? Remember the dramatic incident where some Gatundu family once dug up a mass grave to burry itself since the head of the family had charged the land without their knowledge? The beneficiary bank had moved in and sold out the land through auction and the new owner had sought to evict the family. Such incidents, which have been fairly prevalent in homesteads, will no longer be. The new laws don’t allow.

No financial institution will in future lend money against the matrimonial property the family occupies without the consent of husband and wife. And any that does so risks losing such money because whoever won’t have consented will be free to move to court to restore their rights. Under the new laws, institutions proved culpable of such discriminatory lending will lose. It’s therefore upon them to conclusively convince themselves that they’ve got incontrovertible consent from the legitimate spouse or spouses, at the time of lending.

Rights to a clean and healthy environment to be enforced

And for the first time in our history, we have a law that establishes a court that addresses matters environmental. The court will enforce matters relating to the enforcement of our rights to a clean and healthy environment and the protection and conservation of the environment. This is innovative and good for a healthy nation. The courts, established under the Environment and Land Court Act 2011, will have the same status as the High Court and, with sufficient resources, should have presence in each of the 47 counties, bringing justice closer to Kenyans. The backlog of land cases pending countrywide will therefore be more expediently heard by judges fully dedicated to hearing disputes and disagreements on land and environment.

All unregistered land to be registered within ten years

The land commission, to be given life through the new National Land Commission Act 2012, will in future manage public on behalf of the national government and county governments. This is expected to provide protection to our public land, much of which has been irregularly allocated in the past. This commission will also manage and administer unregistered community land on behalf of the county government. The Land Commission Act also obliges the land commission to ensure that all unregistered land in Kenya is registered within ten years. Not a very long time given that this is a very demanding technical exercise and about three months is now gone by since the new law commenced operation.

Review grabbed land within 5 years : Develop legislation on historical injustices in 2 years

The land commission is also expected to review all cases of previously grabbed public land within five years. In two years, the land commission law requires the commission to have developed and recommended to Parliament legislation to govern investigations and the adjudication of any claims arising from historical land injustices which have been the bane of this country for quite a while now. Due to the intricate and sensitive nature of these two, the success with which the commission handles them will define it for its entire life.

County Land management Boards to be established....what roles?

To bring its influence and services closer to the people, the law expects the commission to set up county offices and to establish county land management boards to handle matters pertaining to issues like land allocation, change and extension of user, renewal of leases and subdivision of public land.

Public notices must be issued before allocating public land

A new Land Act 2012 provides clarity on the management and administration of public and private land. A law to provide similar clarity for the management and administration of community land, which forms the bulk of land in Kenya and on which sits most of Kenya’s natural resources, is yet to be enacted. I hope our parliamentarians appreciate the need to expedite a community land law. Under the new Land Act, no public land will be allocated until a notice of not less than thirty days is issued. Besides, any substantial conversion of public land to private will require the consent of the county or the national assembly as the case may be.

Citizen leaseholders to enjoy pre-emptive rights of allocation on expiry of lease

Kenyans who hold leasehold land will now enjoy pre-emptive rights on the expiry of their leases, unless the county or national government requires such land for public purpose. The Land Act obliges the land commission to reallocate the land to the immediate past lease holder, contrary to the discretion the previous law, the Government Land Act, now repealed, gave the Commissioner of Lands. This provision is very reassuring for leaseholders.

Land Bank to be established under the Land Settlement Fund

The Land Act also provides for the establishment of a Land Settlement Fund through which a land bank for settling the landless and for development projects will be incrementally developed.