• If the new bill is enacted, Land CS Alice Wahome will be given powers to sanction land acquisition for state projects, a role that was reserved for the NLC
• The Land Laws (Amendment) Bill, 2023, is being sponsored by National Assembly Majority Leader Kimani Ichung’wah
The National Land Commission is studying provisions of the new bill stripping the commission of powers to value and compulsory acquire land for state projects.
NLC chairman Gershom Otachi, a seasoned lawyer with 20 years' experience, told the Star the commission will submit its views after studying the bill backed by the government.
“We are studying the bill and will submit our views on each specific proposed amendment clause by clause after analysis,” Otachi said when the Star sought the NLC’s position.
Many fear that since the Land CS is an appointee of the President, public acquisition of land may be misused to reward politicians as happened during the 1990s.
If the new bill is enacted, Land CS Alice Wahome will be given powers to sanction land acquisition for state projects, a role that was reserved for the NLC.
The Land Laws (Amendment) Bill, 2023 is sponsored by National Assembly Majority Leader Kimani Ichung’wah.
“Whenever the national or county government is satisfied that it may be necessary to acquire some particular land under Section 110,” the bill says.
“The respective Cabinet Secretary or County Executive Committee Member shall submit a request for acquisition of land to the Cabinet Secretary to acquire the land compulsorily.”
It says the Land CS will, by regulations, prescribe the criteria and guidelines to be adhered to by the acquiring public bodies while acquiring land.
“The Cabinet Secretary may reject a request of an acquiring public body to undertake an acquisition if it establishes that the request does not meet the requirements prescribed under Article 40 (3) of the Constitution, subsection (2) of this section.”
The bill says if the CS finds the request to be meeting the requirements, the CS will cause the affected land to be mapped out and valued using criteria under the Act.
The CS will then establish that the acquiring public body has identified the number and maintained a register of persons in actual occupation of land.
Upon approval, the CS will publish a gazette notice and deliver a copy to the registrar and every person with a legitimate interest in land.
The notice will contain the purpose for which the parcel is being acquired, the location, a general description and an approximate area of land.
The bill establishes a land compensation inquiry committee.
The compensation committee will be chaired by a person appointed by the Land CS.
The deputy will be appointed by the chairman of the commission.
The commission’s secretary shall be the secretary to the committee and head of the secretariat.
“At least 30 days after publishing the notice of intention to acquire land, the committee shall appoint a date for an inquiry to hear cases of propriety and claims for compensation by persons interested in the land,” the bill states.
In addition, the proposed law establishes a land acquisition committee consisting of five members appointed by the Cabinet Secretary.
The committee shall hear and determine appeals from the decision of the Cabinet Secretary in matters relating to the compulsory land acquisition process.
“A person dissatisfied with the decision of the CS shall, within 30 days, apply to the committee in the prescribed manner. The committee shall hear and determine the application made within 90 days,” the bill says.
A party to an application to the committee who is dissatisfied with the decision of the committee may appeal to the Environment and Labour courts.
The bill says if the Cabinet Secretary rejects a request from an acquiring public body, the acquiring body will be informed within 14 days of the decision to reject the request.
'FIGHTING CORRUPTION'
The bill comes barely five months after President William Ruto announced his intention to strip the NLC of its land valuation role.
On May 21, Ruto stripped the NLC of its powers to evaluate lands in the country.
The President said the move was meant to seal corruption loopholes in compensation.
He said the Ministry of Lands will henceforth do the exercise to ensure all Kenyans get equal compensation.
“Pale kwa Lands Commission imekuwa soko, mtu unaenda hapo unalipa pesa kidogo, shamba ya laki moja inakuwa milioni moja, na kwa sababu hujatoa pesa, shamba yako ya milioni moja inakuwa elfu mia moja,” Ruto said.
He was speaking at Isiolo Boys School grounds during a religious service organised by Christians and Muslims.
Civil society groups immediately threatened to move to court and challenge the ‘unconstitutional declaration’ by Ruto.
More than 10 organisations, under the umbrella of the Land Sector Non-State Actors, said Ruto’s move risks watering down all reforms the country has made in the land sector.
“Before land reforms, land governance processes, which were presided over by the then Ministry of Lands, were riddled by rampant land grabbing,” said Mwenda Makathimo from the National Land Coalition.
He added that there was severe land insecurity, poor accountability, inequalities in land allocation, rampant corruption, landlessness and poor land use planning.
Makathimo said the move also infringes on provisions which requires the state to make prompt payment in full of just compensation to the person whose property is compulsorily acquired for public purposes.
“The independence and the protection of compulsory land acquisition process are being attacked,” he said.
“Who is acquiring land? It is the state that is acquiring land from private individuals. Who budgets the money for compensation? It is the state which is the National Treasury.
“Who is doing the projects that will be done such as roads, and dams? It is the state. NLC is doing valuation to ensure citizens' interests are protected so that they get fair compensation.”
NLC says it has facilitated the acquisition of land for 97 flagship public projects in various sectors like transport, water and sanitation, energy, and security, as spelled out in Vision 2030.
The commission says it has disbursed more than Sh73 billion to project-affected persons (PAPs) whose land was compulsorily acquired for the projects.