Formulation of Land laws in Kenya

Land is one of the most valuable asset an individual can own in the world. The struggle for independence was accelerated by the urge to fight for “our Land”. Since independence, Kenya has continued to face a number of challenges in Land management. It is believed that unresolved historical land issues fueled the famous 2008 Kenyan post elections violence.

Promulgation of a new constitution in Kenya in 2010 gave hope for solving the land questions. Numerous changes were expected in the land management sector including introduction of National Land Commission (NLC) among others.

While the constitution promoted transparence and accountability of managing public land and natural resources. This was done through creation of NLC to manage land instead of the Executive arm of government. However as it stands now, there are forces working to send the country back to years before 2010. I will be sharing some of the proposed laws, and amendments proposed in Kenya today. I also urge those from Kenya and dealing with land issue to contribute;

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@Lore The Nubian community is one of the first hand victims of the “bedroom quarrels” For lack of a better word to describe the superiority battles between the National land commission and the Lands ministry. For those familiar with the Kenya land laws prior to the constitution, the land was under the discretion of the presidency and he could give it to whomsoever he wills. Now the reality at hand is that the constitution did not clearly identify the roles of the National land commission and left loopholes that the tyranny of numbers took advantage of and created a powerful lands cabinet secretary protected by the majority of parliament that we all know are agents of the ruing coalition while the Lands commission are protected by the constitution.

All that said, these couples need to put their houses in order for the protection of the regular Kenyan. I think @Lore you recall on several occasion the lands secretary has issued title deeds while on the other hand the commissioner of lands has also done the same. No one has contested that it is unconstitutional because both of the parties to them has a godfather, for the cabinet secretary its the office of the president and the commission it is the office of the opposition leader.

Allow me to refer you to a similar situation that was unconstitutional but it still exists but successfully is the creation of the “County commissioners” who are agents of the national government that undermining the devolution acting as the bosses of the governors. This was solved by both parties forging a common ground and “agreeing on each others limits”. I am not implying that they are now in good terms but at least work is continuing in the counties and they to an extent “pretend” to coordinate activities.

In a nutshell, am very sad that politics has interfered with the right of the locals to own land because two offices that are located on the same building can not work together. For these beautiful laws that @Lore shall discuss can only work if we the civil society and the citizens hold such officials accountable for their actions. Thanks lore for bringing this topic up and hope I wasn’t so emotional but just bare with me because this is a matter that is close to my heart. :sob:

I am from Kenya and am looking forward to this

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The constitution of Kenya 2010 was crafted to address the conflicting land laws, which were used after independence. However, the constitution provides a framework to be supported by subsidiary laws. A whole chapter (5) has been dedicated to land and environment. The same constitution gave timelines for enactment of legislation to operationalize the chapter 5. One of the problems have been to wait until the timeline for enactment of these laws to elapse then they are rushed through. That is the reason for lack of clarity between the Ministry of Lands in Kenya and the National Land Commission. The proposed laws have both advantages and disadvantages.