National Land Commission Commission
NLC
Agency overview
Formed2 February 2012; 10 years ago (2012-02-02)
HeadquartersNairobi, Kenya
Motto“Our Land, Our Wealth, Our Heritage”
Agency executives
WebsiteHomepage

The National Land Commission of Kenya is an independent government commission whose establishment was provided for by the Constitution of Kenya to, amongst other things, manage public land on behalf of the national and county governments, initiate investigations into present or historical land injustices and recommend appropriate redress, and monitor and have oversight responsibilities over land use planning throughout the country.[1] NLC was officially established under The National Land Commission Act of 2012.[2]

Roles and functions

The mandate of the National Land Commission is drawn from the National Land Policy of 2009, Constitution of Kenya 2010, National Land Commission Act of 2012, the Land Act 2012 and the Land Registration Act of 2012.[3]

Constitution

Pursuant to Article 67(2) of the Constitution, the functions of the Commission shall be —

National Land Commission Act

Under the National Land Commission Act, the Commission shall:

(3) The Commission shall ensure that all unregistered land is registered within ten years from the commencement of this Act. Parliament may, after taking into consideration the progress of registration, extend the period set by the Commission under subsection.

(4) Within five years of the commencement of the NLC Act, the Commission, on its own motion or upon a complaint by the national or county government, a community or an individual review or grant disposition of public land to establish their propriety or legality.

(5) The Commission shall in consultation and corporation with the national and county governments, establish county land management boards for the purposes of managing public land.[2]

Land Act

Under the Land Act 2012 The Commission shall:

Land Registration Act

Under the Land Registration Act, 2012, the Commission shall:

Composition

The establishment of the Commission was delayed due to disagreements between then President Mwai Kibaki and Prime Minister Raila Odinga of who should sit on the Commission. The nomination process was then stopped after being challenged in court in late 2012. On 5 February 2013, the High Court ordered President Kibaki to gazette the names of the commissioners within 7 days.[4]

In April 2014, the NCL sought the Supreme Court’s opinion regarding its functions and mandate in relation to those of the Ministry of Lands. "In December 2015, the five-judge bench declared that the NLC had a mandate in respect of various processes leading to the registration of land, but neither the Constitution nor statute law gave it the power to register land titles".[5]

As of 7 September 2019, the following had been nominated as Members of the National Land Commission of Kenya:[6]

As of July 2019 Kabale Tache Arero served as the chief executive officer, in acting capacity,[7] and concurrently, as substantive Director of Human Resource Management to the National Land Commission of Kenya.[8]

References

  1. ^ a b Kenya Law (21 December 2013). "Constitution Of Kenya, 2010". Nairobi: Kenya Law Organization. Archived from the original (Archived from the original on 17 February 2015) on 17 February 2015. Retrieved 7 September 2019.
  2. ^ a b Kenya Law (28 February 2012). "The National Land Commission Act, 2012: No. 5 of 2012" (WordPad Document). Nairobi: Kenya Law Organisation. Retrieved 7 September 2019.
  3. ^ a b c Kenya Law (7 September 2019). "National Lands Commission of Kenya: Kenya Land Acts". Nairobi. Retrieved 7 September 2017.
  4. ^ Lucianne Limo (5 February 2013). "High Court Orders Kibaki To Gazette Land Team Officials". The Kenya Standard. Nairobi. Retrieved 5 February 2013.
  5. ^ Kenya Alliance of Resident Associations (2019). "Court Clarifies Roles of Lands Ministry And NLC". Nairobi: Kenya Alliance of Resident Associations. Retrieved 7 September 2019.
  6. ^ Jeremiah Wakaya (19 August 2019). "Kenyatta Nominates Gershom Otachi Bw'omanwa As NLC Chairperson". Nairobi: 98.4 Capital FM. Retrieved 7 September 2019.
  7. ^ Edwin Mutai (9 July 2019). "Inheritance Battles Delay Sh4.6 Billion SGR Land Compensation". Business Daily Africa. Nairobi. Retrieved 7 September 2019.
  8. ^ Geoffrey Mosoku (31 January 2019). "NLC At Crossroads As Officials' Terms Expire". The Standard (Kenya). Nairobi. Retrieved 7 September 2019.