NAIROBI, Kenya – The National Assembly has passed the National Land Commission (Amendment) Bill, 2023, in a move aimed at strengthening the Commission’s oversight on public land transactions.
The bill, sponsored by Kilifi North MP Owen Baya, seeks to reinstate the Commission’s authority to review grants and dispositions of public land, a mandate that lapsed following the expiration of Section 14 of the National Land Commission Act, 2012.
If signed into law, the amendment will empower the Commission to investigate complaints about public land allocations and assess their legality.
Currently, the Commission lacks the legal framework to act on such grievances, even in cases where irregularities are evident.
Beyond restoring oversight functions, the bill also proposes an extension of the timeframe for filing and reviewing historical land injustice claims.
Under the existing law, such claims must be submitted within five years of the Act’s commencement, a restriction that has left many disputes unresolved.
“A historical land injustice is a grievance arising from a violation of land rights due to laws, policies, administrative actions, or treaties, often leading to displacement,” Baya explained while defending the bill.
The proposed amendment acknowledges that land injustices—some dating back to the colonial era—require a more flexible approach to resolution.
According to Baya, the bill will not interfere with county governments’ roles in land management as outlined in the Constitution’s Fourth Schedule.
Additionally, its implementation will not require extra public expenditure.
The approval of the bill signals renewed efforts by Parliament to address longstanding land issues, a subject that has sparked legal battles and protests across the country.
