NAIROBI, Kenya, Feb 16 – Lawmakers have questioned the performance of the National Land Commission (NLC) following its rejection of proposals in the Land Laws Amendment Bill.
The National Assembly Lands Committee chaired by Joash Nyamoko pressed the NLC on operational performance, highlighting concerns over delays in compensating Project Affected Persons (PAPs) and delays in resolving land disputes.
The committee put the Commission on the spot over allegations that it acted in favour of ‘cartels’ interested in the disputed land.
Committee members scrutinized a letter detailing communication between the National Land Commission and the National Treasury regarding the request for an additional Kshs 900 Million to compensate Project Affected Persons who had been impacted by a range of infrastructure projects.
Addressing the Committee, the NLC Chairperson Gershom Otachi, highlighted the constitutional implications of the proposed changes. He underscored the importance of constitutionalism, highlighting concerns that some amendments may erode the principle of checks and balances as stipulated in Article 175(a) of the Kenyan Constitution.
The Commissioners cited resource constraints as a hindrance.
NLC’s objections to the proposed amendments in the Land Laws Amendment Bill, 2023 primarily revolve around Article 107 of the Land Acquisition provisions, which they argue has been removed from their jurisdiction.
Otachi expressed reservations about potential conflicts of interest, especially in cases where the national government oversees compulsory land acquisition, thus encroaching upon the autonomy of county governments.
“The proposed amendments, according to the NLC, may contravene national values enshrined in Article 10(2)(c) of the Constitution, particularly regarding good governance and equitable access to land,” Otachi stated.
The Bill if approved will see the Lands Cabinet Secretary (CS) have the powers to compulsorily acquire public land on behalf of county and national governments, pay compensation to the affected land owners, issue awards, inspect property, and take charge of the land lease renewal process.
In the meeting, NLC advocated for retaining funds for compensation of Project Affected Persons (PAPs) under their administration, citing constitutional mandates vested in them for managing public land on behalf of both national and county governments.
“We urge the Committee to support us in strengthening the Commission’s role in ensuring transparent and accountable land management,” NLC Vice-Chairperson Gertrude Nguku asserted.