This discussion is the second on the series “Kenya’s New Land Laws : The Opportunity” hosted on this blog.

The National Land Commission Act 2012 further gives an opportunity for better decisions on matters on land and natural resources. One important function for the Commission listed under Section 5 of the Act is to conduct research related to land and the use of natural resources

This discussion is the second on the series “Kenya’s New Land Laws : The Opportunity” hosted on this blog.

The National Land Commission Act 2012 further gives an opportunity for better decisions on matters on land and natural resources. One important function for the Commission listed under Section 5 of the Act is to conduct research related to land and the use of natural resources and make recommendations to appropriate authorities. There has not been such focused research in the country before. If good funding is provided, such research will greatly improve decisions on the management of land and natural resources.

Land commission to develop land information management system

The Commission will also be required to develop and maintain an effective Land Information Management System (LIMS) at national and county level. To achieve this effectively, the Commission will have to work very closely with the Ministry of Lands which will operate and maintain land registries countrywide. Information from land registries is fundamental to the development of a comprehensive LIMS in order to provide current and real time land information from the daily transactions on land countrywide.

Substantial conversions of public land to private must be approved by national or county governments

Besides opportunities discussed in the first discussion on this series, the Land Act 2012 also requires that any substantial transactions involving the conversion of public land to private must be approved by the county or national assembly whichever applies. This enhances security of public land particularly for forest and game reserves which have suffered great loss during the dark days of Kenya’s public land grab era.

Sub-county committees to identify and vet beneficiaries of land in settlement schemes

The Land Act in its Section 134 also provides that the Land Commission will implement land settlement programmes to provide access to land for shelter and livelihoods on behalf of the national and county governments. Such programmes will provide access to land by squatters, persons displaced by natural causes, development projects, conservation and persons displaced by internal conflicts, among others. This contentious function has hitherto been undertaken by the Ministry of Lands and, recently for IDPs, the Ministry of Special programmes. Under this law, the identification and verification of beneficiaries to be settled, which has been a major bone of contention in the past, has now been entrusted to a sub-county selection committee comprising of:-

· A sub-county administrator who shall be the chairperson

· A representative of the county government

· A representative of the land commission

· A representative of the national government

· A representative of persons with special needs

· A women’s representative nominated by a local women’s organization; and

· A youth representative

Where there will be settlement programmes, these sub-county committees will require close watch so that they are held to account to ensure that only the genuinely deserving persons and needs in the county are allocated land. A great problem in the past has been that such land has been selectively allocated to undeserving influential persons, hence defeating the very purpose of the schemes.

Land from settlement schemes not transferrable

Beneficiaries of land in settlement schemes will need to note that the land they acquire from such schemes will not be transferrable except through the process of succession. Whereas this appears to restrict their land rights contrary to common doctrine, local experience informs that some of the landless people who benefit from such schemes soon sell it off, rendering themselves landless once more and occasioning further challenge to the government.

Land Act allows the Coast squatter/absentee land lord problem to be resolved

Of great importance is Section 160 (2) (e) of the Land Act 2012 which gives a good window for the resolution of the squatter/absentee land lord problem at Kenya’s Coast. It also provides a good opportunity to facilitate the regularization of existing squatter settlements on public and community land in the country for purposes of upgrading or development. Squatters in Kenya’s Coast and elsewhere in the country clamouring for the recognition of their land rights currently in conflict with private, public or communal land rights should use the legal latitude provided under this section to put pressure to bear on implementing agencies such as the Ministry of Lands and the Land Commission once in office to ensure that the necessary regulations and mechanisms to mitigate their rights are quickly developed and enforced.

Surveyed parcels of land to be “geo-referenced”.

The Land Registration Act 2012 requires the geo-referencing of land parcels. Indeed, under Section 15 of the Act, registration maps in Kenya will henceforth be referred to as “cadastral maps” away from the “Registry Index Maps (RIMs)” we knew under the now repealed Registered Land Act. The need to geo-reference parcels intended for registration in future is consistent with efforts to develop a modern land information management system. Geo-referencing will ensure that licensed surveyors provide the relative positions of parcels they survey and submit for registration under Kenya’s national cadastre, including the relative positions of parcels of land which are developed vertically like flats and other high rise developments, for ease of hosting in a structured computer database. A modern land information system will enhance efficiency in land administration and make it easy to identify and avoid cases of duplicated titles.