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National Land Commission – Kenya

Presence in: Kenya
Focus: Access to Information, Community / Customary Land Rights, Corruption, Education, Environmental Justice, Governance, Land & Natural Resources, Peace-building

The mandate of the National Land Commission (NLC) is drawn from the National Land Policy of 2009, Constitution of Kenya 2010, National Land Commission Act, 2012, the Land Act 2012 and the Land Registration Act of 2012.

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

  • to manage public land on behalf of the national and county governments;
  • to recommend a national land policy to the national government;
  • to advise the national government on a comprehensive programme for the registration of title in land throughout Kenya;
  • to conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities;
  • to initiate investigations, on its own initiative .or on a complaint, into present or historical land injustices, and recommend  appropriate redress;
  • to encourage the application of traditional dispute resolution mechanisms in land conflicts;
  • to assess tax on land and premiums on immovable property in any area designated by law; and
  • to monitor and have oversight responsibilities over land use planning throughout the country.

(2) Under the National Land Commission Act, the Commission shall:

  • on behalf of, and with the consent of the national and county governments, alienate public land;
  • monitor the registration of all rights and interests in land;
  • ensure that public land and land under the management of designated state agencies are sustainably managed for their intended purpose and for future generations;
  • develop and maintain an effective land information management system at national and county levels;
  • manage and administer all unregistered trust land and unregistered community land on behalf of the county government; and
  • develop and encourage  alternative dispute resolution mechanisms in land dispute handling and management.

(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.

Under the Land Act 2012 The Commission shall;
  • Implement Settlement programmes on behalf of national and county governments as outlined in section 134 of the Land Act.
  • Administer the Land Settlement Fund in accordance with section 135 of Land Act
  • Manage the Land Compensation Fund
  • Identify ecologically sensitive areas that are within public land and demarcate and take any other justified action on those areas and act to prevent environmental degradation and climate change in accordance with the Land Act.
  • Reserve public land for the establishment of approved settlement programmes, and where public land is not available, purchase private land subject to the Public Procurement and Disposal Act, 2005 or any other law as provided for in section 134 (5) of the Land Act.
  • Set aside land for investment purposes in accordance with section 12(3) of the LA.
  • Approve compulsory acquisitions, wayleaves, easements and analogous rights.
  • Ensure that the investments, in land benefit local communities and their economies.
  • Make regulations prescribing the criteria for allocation of public land, such regulations to prescribe forms of ownership and access to land under all tenure systems.
  • The procedure and manner of setting aside land for investment should respect mechanisms of benefit sharing with local communities.
  • Undertake an inventory of all land based natural resources upon coming into force of the Land Act as stipulated in section 15(3) of the LA.
The Land Registration Act, 2012
  • Constitute registration units in consultation with national and county governments
  • Determine the form of a land register that shall be maintained, in each registration unit,
  • Appoint a date for geo –referencing plans to be kept in a land registry;
  • Depository of maps –the office or authority responsible for the survey of land shall submit to the Commission a copy of the cadastral maps for depositing
  • Prescribe (through regulations) guidelines that the registrar shall follow before question has been obtained by fraud.
  • Advice the cabinet secretary in making regulations, rules or prescribing any matters required under this Act and such regulations or rules shall be tabled before Parliament

People Associated With This Organization

Fibian Lukalo

Kenya  
National Land Commission – Kenya
Joined January 2016
Interests: Economic Empowerment, Education, Governance, Land & Natural Resources, Traditional / Customary Justice
Fibian Lukalo is a sociologist committed to gender and livelihoods research. Previously she taught for many years at the School Human of Resource Development in Moi University - Eldoret where she remains affiliated. Her research interests are concentrated in the areas of gender and livelihoods; poverty vulnerabilities; migration and intercultural communication. With extensive experience in research, program development, and consultancy work in East Africa, Fibian has advanced African gender studies through projects conducted with FAO, the Lake Victoria Sida-Sarec Initiative, the Nordic African Institute (Gender, Youth and Age and Food Project), CODESRIA-Senegal, and OSSREA-Ethiopia. Through these collaborations she has published over twenty articles and, has presented at many international conferences, and is an active consultant in gender concerns focusing on women. Fibian’s expertise in gender extends to its role in land rights and livelihoods and its implication for security of land tenure and land reform in Kenya. Currently the Director of Research and Advocacy for Kenya’s National Land Commission, she views gender as a vital component to decision-making around the legal demands of land reform and its utilization in communities. Fibian received her Bed from Kenyatta University; MA- Research and PhD in Educational Sociology and Gender from the University of Cambridge (2010).

Contributed Resources:

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Jesca Chepkorir Bunei

Kenya  
National Land Commission – Kenya (Unverified)
Joined February 2017
Interests: Community / Customary Land Rights, Economic Empowerment, Gender-based violence, Land & Natural Resources, Peace-building, Women's Rights
I am a Kenyan lady by the name Bunei Jesca Chepkorir of 26 years of age. I did my Bachelor's Degree Course of Gender, Women and Development Studies and completed it on May 2016 at Egerton University. During my course work I was privileged to be an attache' at the Kenya National Commission on Human Rights from May to August, 2015. In this period, I was able to specialize on how gender aspect affects human rights issues. Currently, I am an intern at the National Land Commission in Nairobi- Kenya and I am interested and focused on correlating Gender issues with Land Rights.

By joining this network, my concern is to build my research skills to enable me deal with issues in a professional manner for publication. In addition, I desire to enrich my career by collaborating with individuals of different careers thus will help me to diversify my area of specialization for better outcomes.
Fibian Lukalo is the network champion (main point of contact) for National Land Commission – Kenya.

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