Kenya Act or statute

Parliament of Kenya

National Land Commission Act

Jurisdiction: Kenya
Structure: 36 provisions
Citation: Cap. 281
Dates: As at 11 Dec 2023

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Dates: As at 11 Dec 2023

Source attribution: Source: Kenya Law

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Purpose and legislative effect

“This Act may be cited as the National Land Commission Act.”

This Act may be cited as the National Land Commission Act. Section 2 provides definitions of terms used in the Act, including "Chairperson", "Cabinet Secretary", "Commission", "community", "irregularly", "Registrar" and "secretary". Sets the object and purpose of the Act as the management and administration of land in accordance with Article 60 of the Constitution and the national land policy. The Headquarters of the Commission shall be in Nairobi; the Commission shall ensure access to its services throughout the Republic in accordance with Article 6(3) of the Constitution. Section 5 lists the functions and powers of the Commission, including managing public land, recommending national land policy, advising on land registration, conducting research, investigating land injustices, encouraging traditional dispute resolution, assessing land taxes, monitoring land use planning, monitoring registrations, ensuring sustainable management of public land, developing a land information system, and alienating public land with consent.

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PRELIMINARY - 1. Short title

This Act may be cited as the National Land Commission Act.

Section 1

Provision

A member of the Commission is entitled to be paid remuneration or allowances as determined by the Salaries and Remuneration Commission.

Section 13

COMPOSITION AND ADMINISTRATION - 22. Appointment of staff

The National Land Commission has the power to appoint its own staff in accordance with Article 252(1)(c) of the Constitution.

Section 22

FINANCIAL PROVISIONS - 27. Financial year

The financial year of the Commission (the National Land Commission) is twelve months running from 1 July to 30 June of the following year.

Section 27

MISCELLANEOUS PROVISIONS - 36. Regulations

The Commission (the National Land Commission) may make regulations to carry any provisions of this Act into effect, and such regulations shall be tabled before Parliament for approval.

Section 36

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Showing 36 of 36 provisions

Provision 26Commencement 6Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the National Land Commission Act.

Section 1. Short title Section This Act may be cited as the National Land Commission ("the National Land Commission established by Article 67 of the Constitution;") Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Section 2 provides definitions of terms used in the Act, including "Chairperson", "Cabinet Secretary", "Commission", "community", "irregularly", "Registrar" and "secretary".

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "Board" deleted by ActNo. 28 of 2016, s. 36; "Chairperson" means the chairperson of the Commission ("the National Land Commission established by Article 67 of the Constitution;") appointed in accordance with Article 250(2) of the Constitution and section 8 of this Act; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to land; "Commission" means the National Land Commission established by Article 67 of the Constitution; "community" means a clearly defined group of users of land identified on the basis of ethnicity, culture or similar community of interest as provided under Article 63(1) of the Constitution, which holds a set of clearly defined rights and obligations over land and land-based resources; "irregularly" means in a manner that does not conform to standards, procedures or the criteria prescribed under this Act or any other written law; "Registrar" means the Chief Land Registrar, Deputy Chief Land Registrar, County Land Registrars and Land Registrars appointed under the Land Registration Act ( Cap. 300 ); "secretary" means the secretary to the Commission ("the National Land Commission established by Article 67 of the Constitution;") appointed by the Commission ("the National Land Commission established by Article 67 of the Constitution;") under Article 250(12) of the Constitution, in accordance with the procedure set out in section 20 of this Act. Section 2(2) Spent . [Act No. 28 of 2016 , s. 36.]

Section 2Verify source

§ 3PRELIMINARY - 3. Object and purpose of the ActProvision

Sets the object and purpose of the Act as the management and administration of land in accordance with Article 60 of the Constitution and the national land policy.

Section 3. Object and purpose of the Act Section for the management and administration of land in accordance with the principles of land policy set out in Article 60 of the Constitution and the national land policy;

Section 3Verify source

§ 4PRELIMINARY - 4. Offices of theCommissionProvision

The Headquarters of the Commission shall be in Nairobi; the Commission shall ensure access to its services throughout the Republic in accordance with Article 6(3) of the Constitution.

Section 4. Offices of theCommission Section 4(1) The Headquarters of the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall be in Nairobi. Section 4(2) The Commission ("the National Land Commission established by Article 67 of the Constitution;") shall ensure access to its services in all parts of the Republic in accordance with Article 6(3) of the Constitution.

Section 4Verify source

Part II

FUNCTIONS AND POWERS

§ 5FUNCTIONS AND POWERS - 5. Functions of theCommissionProvision

Section 5 lists the functions and powers of the Commission, including managing public land, recommending national land policy, advising on land registration, conducting research, investigating land injustices, encouraging traditional dispute resolution, assessing land taxes, monitoring land use planning, monitoring registrations, ensuring sustainable management of public land, developing a land information system, and alienating public land with consent.

Section 5. Functions of theCommission Section 5(1)(a) to manage public land on behalf of the national and county governments; Section 5(1)(b) to recommend a national land policy to the national government; Section 5(1)(c) to advise the national government on a comprehensive programme for the registration of title in land throughout Kenya; Section 5(1)(d) to conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities; Section 5(1)(e) to initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress; Section 5(1)(f) to encourage the application of traditional dispute resolution mechanisms in land conflicts; Section 5(1)(g) to assess tax on land and premiums on immovable property in any area designated by law; and Section 5(1)(h) to monitor and have oversight responsibilities over land use planning throughout the country. Section 5(2)(a) on behalf of, and with the consent of the national and county governments, alienate public land; Section 5(2)(b) monitor the registration of all rights and interests in land; Section 5(2)(c) ensure that public land under the management of the designated state agencies is sustainably managed for the intended purposes; and Section 5(2)(d) may develop and maintain an effective land information system for the management of public land; Section 5(2)(e) deleted by ActNo. 28 of 2016, s. 37 (a)(iii); Section 5(2)(f) deleted by ActNo. 28 of 2016, s. 37 (a)(iv); Section 5(3) Deleted by ActNo. 28 of 2016, s. 37(b). Section 5(4) Deleted by ActNo. 28 of 2016, s. 37(c). [Act No. 28 of 2016 , s. 37.]

Section 5Verify source

§ 6FUNCTIONS AND POWERS - 6. Powers of theCommissionProvision

The National Land Commission has the powers needed to perform its functions, including gathering information, compelling production of documents, holding inquiries, taking measures to ensure compliance with land policy, informing itself and receiving statements; it is not bound by strict rules of evidence.

Section 6. Powers of theCommission Section 6(1) The Commission ("the National Land Commission established by Article 67 of the Constitution;") , shall have all the powers necessary for the execution of its functions under the Constitution, this Act and any other written law. Section 6(2)(a) gather, by such means as it considers appropriate, any relevant information including requisition of reports, records, documents or any information from any source, including any State organ, and to compel the production of such information where it considers necessary; Section 6(2)(b) hold inquiries for the purposes of performing its functions under this Act; Section 6(2)(c) take any measures it considers necessary to ensure compliance with the principles of land policy set out in Article 60(1) of the Constitution. Section 6(3)(a) may inform itself in such manner as it may consider necessary; Section 6(3)(b) may receive written or oral statements; and Section 6(3)(c) is not bound by the strict rules of evidence.

Section 6Verify source

Part III

COMPOSITION AND ADMINISTRATION

§ 10COMPOSITION AND ADMINISTRATION - 10. Vacancy in office ofChairpersonor memberProvision

The President must publish every resignation, vacancy or termination in the Gazette within seven days; Section 10(1) lists circumstances when the office of Chairperson or member becomes vacant (death; written resignation to the President; conviction of a felony; absence from three consecutive Commission meetings without justifiable cause; removal under Article 251(1); expiry of term).

Section 10. Vacancy in office ofChairpersonor member Section 10(1)(a) dies; Section 10(1)(a)(i) dies; Section 10(1)(a)(ii) by notice in writing addressed to the President, resigns from office; Section 10(1)(a)(iii) is convicted of a felony; Section 10(1)(a)(iv) is absent from three consecutive meetings of the Commission ("the National Land Commission established by Article 67 of the Constitution;") without justifiable cause; Section 10(1)(a)(v) is removed from office under any of the circumstances specified in Article 251(1) of the Constitution; or Section 10(1)(b) the term of office of the holder expires. Section 10(2) The President shall publish every resignation, vacancy or termination in the Gazette within seven days of such resignation, vacancy or termination.

Section 10Verify source

§ 11COMPOSITION AND ADMINISTRATION - 11. Removal ofChairpersonor memberProvision

The Chairperson or a member of the Commission may be removed from office under the removal procedure in Article 251 of the Constitution.

Section 11. Removal ofChairpersonor member Section The Chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution andof this Act;") or a member of the Commission ("the National Land Commission established by Article 67 of the Constitution;") may be removed from office in accordance with the procedure for removal provided under Article 251 of the Constitution.

Section 11Verify source

§ 12COMPOSITION AND ADMINISTRATION - 12. Filling of vacancyProvision

If a vacancy occurs on the National Land Commission, the President must appoint a replacement; a member appointed under that subsection must serve a single six-year term.

Section 12. Filling of vacancy Section 12(1) Where a vacancy occurs in the membership of the Commission ("the National Land Commission established by Article 67 of the Constitution;") , the President shall appoint a replacement in accordance with the procedure set out in the First Schedule. Section 12(2) A member appointed under subsection (1), shall serve the Commission ("the National Land Commission established by Article 67 of the Constitution;") for a single term of six years.

Section 12Verify source

§ 13ProvisionProvision

A member of the Commission is entitled to be paid remuneration or allowances as determined by the Salaries and Remuneration Commission.

Section 13. Terms and conditions of service Section A member of the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall be paid such remuneration or allowances as the Salaries and Remuneration Commission ("the National Land Commission established by Article 67 of the Constitution;") shall determine.

Section 13Verify source

§ 14COMPOSITION AND ADMINISTRATION - 14. Review of grants and dispositionsCommencement

The National Land Commission must, within five years of commencement, review all grants or dispositions of public land (on its own motion or on complaint) and take steps including notice, hearings, determinations, directing revocation for unlawful acquisition, correcting irregularities, and may petition Parliament to extend the review period.

Section 14. Review of grants and dispositions Section 14(1) Subject to Article 68(c)(v) of the Constitution, the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall, within five years of the commencement of this Act, on its own motion or upon a complaint by the national or a county government, a community ("a clearly defined group of users of land identified on the basis of ethnicity, culture or similar community of interest as provided under Article 63(1) of the Constitution, which holds a set of clearly defined rights and obligations over land and land-based resources;") or an individual, review all grants or dispositions of public land to establish their propriety or legality. Section 14(2) Subject to Articles 40, 47 and 60 of the Constitution, the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall make rules for the better carrying out of its functions under subsection (1). Section 14(3) In the exercise of the powers under subsection (1), the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall give every person who appears to the Commission ("the National Land Commission established by Article 67 of the Constitution;") to have an interest in the grant or disposition concerned, a notice of such review and an opportunity to appear before it and to inspect any relevant documents. Section 14(4) After hearing the parties in accordance with subsection (3), the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall make a determination. Section 14(5) Where the Commission ("the National Land Commission established by Article 67 of the Constitution;") finds that the title was acquired in an unlawful manner, the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall, direct the Registrar ("the Chief Land Registrar, Deputy Chief Land Registrar, County Land Registrars and Land Registrars appointed under the Land Registration Act ();") to revoke the title. Section 14(6) Where the Commission ("the National Land Commission established by Article 67 of the Constitution;") finds that the title was irregularly ("in a manner that does not conform to standards, procedures or the criteria prescribed under this Act or any other written law;") acquired, the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall take appropriate steps to correct the irregularity and may also make consequential orders. Section 14(7) No revocation of title shall be effected against a bona fide purchaser for value without notice of a defect in the title. Section 14(8) In the exercise of its power under this section, the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall be guided by the principles set out under Article 47 of the Constitution. Section 14(9) The Commission ("the National Land Commission established by Article 67 of the Constitution;") may, where it considers it necessary, petition Parliament to extend the period for undertaking the review specified in subsection (1).

Section 14Verify source

§ 15COMPOSITION AND ADMINISTRATION - 15. Historical land injusticesCommencement

The National Land Commission must receive, admit and investigate historical land injustice complaints and recommend redress.

Section 15. Historical land injustices Section 15(1) Pursuant to Article 67(3) of the Constitution, the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall receive, admit and investigate all historical land injustice complaints and recommend appropriate redress. Section 15(2)(a) was occasioned by a violation of right in land on the basis of any law, policy, declaration, administrative practice, treaty or agreement; Section 15(2)(b) resulted in displacement from their habitual place of residence; Section 15(2)(c) occurred between 15th June 1895 when Kenya became a protectorate under the British East African Protectorate and 27th August, 2010 when the Constitution of Kenya was promulgated; Section 15(2)(d) has not been sufficiently resolved and subsists up to the period specified under paragraph (c); and Section 15(2)(e) meets the criteria set out under subsection 3 of this section. Section 15(3)(a) it is verifiable that the act complained of resulted in displacement of the claimant or other form of historical land injustice; Section 15(3)(b) the claim contradicts a law that was in force at the time when the injustice began; or Section 15(3)(b)(i) the claim contradicts a law that was in force at the time when the injustice began; or Section 15(3)(b)(ii) the claim is debarred under section 7 of the Limitation of Actions Act, ( Cap. 22 ) or any other law; Section 15(3)(c) the claimant was either a proprietor or occupant of the land upon which the claim is based; Section 15(3)(d) no action or omission on the part of the claimant amounts to surrender or renouncement of the right to the land in question; and Section 15(3)(e) it is brought within five years from the date of commencement of this Act. Section 15(4)(a) colonial occupation; Section 15(4)(b) independence struggle; Section 15(4)(c) pre-independence treaty or agreement between a community ("a clearly defined group of users of land identified on the basis of ethnicity, culture or similar community of interest as provided under Article 63(1) of the Constitution, which holds a set of clearly defined rights and obligations over land and land-based resources;") and the government; Section 15(4)(d) development-induced displacement for which no adequate compensation or other form of remedy was provided, including conversion of non-public land into public land; Section 15(4)(e) inequitable land adjudication process or resettlement scheme; Section 15(4)(f) politically motivated or conflict based eviction; Section 15(4)(g) corruption or other form of illegality; Section 15(4)(h) natural disaster; or Section 15(4)(i) other cause approved by the Commission ("the National Land Commission established by Article 67 of the Constitution;") . Section 15(5)(a) request from any person including any government department such particulars, documents and information regarding any investigation, as may be necessary; or Section 15(5)(b) by notice in writing, addressed and delivered by a staff of the Commission ("the National Land Commission established by Article 67 of the Constitution;") to any person, direct such person, in relation to any investigation, to appear before the Commission ("the National Land Commission established by Article 67 of the Constitution;") at such time and place as may be specified in the notice, and to produce such documents or objects in the possession, custody or under the control of such person and which are relevant to that investigation. Section 15(6) Where a complainant is unable to provide all the information necessary for the adequate submission or investigation of a complaint, the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall take reasonable steps to have this information made available. Section 15(7) If at any stage during the course of an investigation, the Commission ("the National Land Commission established by Article 67 of the Constitution;") is of the opinion that the resources of the Commission ("the National Land Commission established by Article 67 of the Constitution;") may be more effectively utilized if all claims within a given area or township were to be investigated at the same time, the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall cause to be published in the Gazette or in such other manner as the Commission ("the National Land Commission established by Article 67 of the Constitution;") may deem appropriate, a notice advising potential complainants of the decision and inviting them to lodge claims within a period specified in such notice. Section 15(8) A claim in respect of a matter contemplated in subsection (7) shall not be lodged after the expiry of the period specified in the said notice. Section 15(9)(a) restitution; Section 15(9)(b) compensation, if it is impossible to restore the land; Section 15(9)(c) resettlement on an alternative land; Section 15(9)(d) rehabilitation through provision of social infrastructure; Section 15(9)(e) affirmative action programmes for marginalized groups and communities; Section 15(9)(f) creation of wayleaves and easements; Section 15(9)(g) order for revocation and reallocation of the land; Section 15(9)(h) order for revocation of an official declaration in respect of any public land and reallocation; Section 15(9)(i) sale and sharing of the proceeds; Section 15(9)(j) refund tobona fide third party purchasers after valuation; or Section 15(9)(k) declaratory and preservation orders including injunctions. Section 15(10) Upon determination of a historical land injustice claim by the Commission ("the National Land Commission established by Article 67 of the Constitution;") , any authority mandated to act under the redress recommended shall be required to do so within three years. Section 15(11) The provisions of this section shall stand repealed within ten years. [Act No. 28 of 2016 , s. 38.]

Section 15Verify source

§ 16COMPOSITION AND ADMINISTRATION - 16. Establishment of committees and county officesProvision

The Commission may establish committees, co-opt persons into committees, those co-opted may attend and participate but may not vote, the Commission may pay allowances to co-opted persons, it must establish county offices and may establish sub-county offices as necessary.

Section 16. Establishment of committees and county offices Section 16(1) The Commission ("the National Land Commission established by Article 67 of the Constitution;") may, establish committees for the better carrying out of its functions. Section 16(2) The Commission ("the National Land Commission established by Article 67 of the Constitution;") may co-opt into the membership of its committees other persons whose knowledge and skills are necessary for the functions of the Commission ("the National Land Commission established by Article 67 of the Constitution;") . Section 16(3) A person co-opted into the membership of a committee under subsection (2) may attend the meetings of the Commission ("the National Land Commission established by Article 67 of the Constitution;") and participate in its deliberations but shall have no right to vote at any meeting. Section 16(4) The Commission ("the National Land Commission established by Article 67 of the Constitution;") may pay persons co-opted to the committees such allowances and other expenses as it may determine from time to time. Section 16(5) The Commission ("the National Land Commission established by Article 67 of the Constitution;") shall establish offices in the counties and may establish other offices in the sub-counties as it may consider necessary.

Section 16Verify source

§ 17COMPOSITION AND ADMINISTRATION - 17. ConsultationProvision

The Commission must work in consultation and co-operation with the national and county governments, subject to Article 10 and Article 232 of the Constitution.

Section 17. Consultation Section In carrying out its functions, the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall work in consultation and co- operation with the national and county governments subject to Article 10 and Article 232 of the Constitution.

Section 17Verify source

§ 18COMPOSITION AND ADMINISTRATION - 18.[Repealed by ActNo. 28 of 2016, s. 39.]Repeal

Section 18 is repealed by Act No. 28 of 2016, s. 39.

Section 18.[Repealed by ActNo. 28 of 2016, s. 39.]

Section 18Verify source

§ 19COMPOSITION AND ADMINISTRATION - 19. Conduct of business and affairs of theCommissionProvision

The Commission's business and affairs must be conducted in accordance with the Fourth Schedule, and, except as provided in that Schedule, the Commission may regulate its own procedure.

Section 19. Conduct of business and affairs of theCommission Section 19(1) The business and affairs of the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall be conducted in accordance with the Fourth Schedule. Section 19(2) Except as provided in the Fourth Schedule, the Commission ("the National Land Commission established by Article 67 of the Constitution;") may regulate its own procedure.

Section 19Verify source

§ 20COMPOSITION AND ADMINISTRATION - 20. Appointment ofsecretaryProvision

Section 20 sets appointment, role and term rules for the secretary to the National Land Commission, including that the secretary shall be the Commission's chief executive and hold office for five years (eligible for reappointment).

Section 20. Appointment ofsecretary Section 20(1) The appointment of the secretary ("the secretary to the Commission appointed by the Commission under Article 250(12) of the Constitution, in accordance with the procedure set out inof this Act") to the Commission ("the National Land Commission established by Article 67 of the Constitution;") under Article 250(12) of the Constitution shall be through a competitive and transparent recruitment process. Section 20(2)(a) is a citizen of Kenya; Section 20(2)(b) holds a degree from a university recognized in Kenya; Section 20(2)(c) has had at least five years experience at senior management level; Section 20(2)(d) public administration; Section 20(2)(d)(i) public administration; Section 20(2)(d)(ii) finance and accounting; Section 20(2)(d)(iii) law; Section 20(2)(d)(iv) economics; Section 20(2)(d)(v) management; Section 20(2)(d)(vi) land and natural resources; or Section 20(2)(d)(vii) any other relevant field; and Section 20(2)(e) meets the requirements of Chapter Six of the Constitution. Section 20(3)(a) be the chief executive officer of the Commission ("the National Land Commission established by Article 67 of the Constitution;") and head of the secretariat and shall be responsible to the Commission ("the National Land Commission established by Article 67 of the Constitution;") ; Section 20(3)(b) serve on such terms and conditions as the Commission ("the National Land Commission established by Article 67 of the Constitution;") may determine; and Section 20(3)(c) before, assuming office, take and subscribe to the oath or affirmation of office set out in the Second Schedule. Section 20(4)(a) all income and expenditure of the Commission ("the National Land Commission established by Article 67 of the Constitution;") ; Section 20(4)(b) all assets and the discharge of all liabilities of the Commission ("the National Land Commission established by Article 67 of the Constitution;") ; and Section 20(4)(c) the proper and diligent implementation of Part IV of this Act. Section 20(5) The secretary ("the secretary to the Commission appointed by the Commission under Article 250(12) of the Constitution, in accordance with the procedure set out inof this Act") shall hold office for a term of five years and shall be eligible for re-appointment for the further term of five years.

Section 20Verify source

§ 21COMPOSITION AND ADMINISTRATION - 21. Removal ofsecretaryProvision

Lists grounds for removal of the secretary, including physical or mental incapacity, gross misconduct, incompetence or neglect of duty, violation of the Constitution, and other grounds under terms and conditions of service.

Section 21. Removal ofsecretary Section 21(1)(a) inability to perform the functions of the office of the secretary ("the secretary to the Commission appointed by the Commission under Article 250(12) of the Constitution, in accordance with the procedure set out inof this Act") arising out of physical or mental incapacity; Section 21(1)(b) gross misconduct or misbehavior; Section 21(1)(c) incompetence or neglect of duty; Section 21(1)(d) violation of the Constitution; or Section 21(1)(e) any other ground that would justify removal from office under the terms and conditions of service. Section 21(2)(a) sufficient notice of the allegations made against them; and Section 21(2)(b) an opportunity to present their defence against the allegations.

Section 21Verify source

§ 22COMPOSITION AND ADMINISTRATION - 22. Appointment of staffProvision

The National Land Commission has the power to appoint its own staff in accordance with Article 252(1)(c) of the Constitution.

Section 22. Appointment of staff Section The Commission ("the National Land Commission established by Article 67 of the Constitution;") shall have the power to appoint its own staff in accordance with Article 252(1)(c) of the Constitution.

Section 22Verify source

§ 23COMPOSITION AND ADMINISTRATION - 23. Secondment of staffProvision

National and county governments may, at the Commission's request, second public officers to the National Land Commission; a seconded officer is deemed an officer of the Commission during secondment and is subject only to the Commission's direction and control.

Section 23. Secondment of staff Section 23(1) In addition to the staff appointed by the Commission ("the National Land Commission established by Article 67 of the Constitution;") , the national and county governments may, upon the request by the Commission ("the National Land Commission established by Article 67 of the Constitution;") , second to the Commission ("the National Land Commission established by Article 67 of the Constitution;") such number of public officers as may be necessary for the performance of the functions of the Commission ("the National Land Commission established by Article 67 of the Constitution;") . Section 23(2) A public officer seconded to the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall, during the period of secondment, be deemed to be an officer of the Commission ("the National Land Commission established by Article 67 of the Constitution;") and shall be subject only to the direction and control of the Commission ("the National Land Commission established by Article 67 of the Constitution;") .

Section 23Verify source

§ 24COMPOSITION AND ADMINISTRATION - 24. Seal of theCommissionProvision

The Commission must keep its common seal in custody as the Commission directs; the seal when duly authenticated is judicially and officially noticed and orders or authorizations of the Commission under the Act are presumed to have been duly given unless the contrary is proved.

Section 24. Seal of theCommission Section 24(1) The common seal of the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall be kept in such custody as the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall direct and shall not be used except on the order of the Commission ("the National Land Commission established by Article 67 of the Constitution;") . Section 24(1A) The common seal of the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall be authenticated by the signatures of the Chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution andof this Act;") and the Secretary to the Commission ("the National Land Commission established by Article 67 of the Constitution;") . Section 24(2) The common seal of the Commission ("the National Land Commission established by Article 67 of the Constitution;") when affixed to a document and duly authenticated shall be judicially and officially noticed and unless the contrary is proved, any necessary order or authorization of the Commission ("the National Land Commission established by Article 67 of the Constitution;") under this Act shall be presumed to have been duly given. [Act No. 18 of 2014 , Sch.]

Section 24Verify source

§ 25COMPOSITION AND ADMINISTRATION - 25. Protection from personal liabilityProvision

Members of the Commission and its officers, employees or agents are not personally liable for actions, claims or demands for acts done in good faith while executing the Commission's functions, powers or duties.

Section 25. Protection from personal liability Section No matter or thing done by a member of the Commission ("the National Land Commission established by Article 67 of the Constitution;") or any officer, employee or agent of the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall, if the matter or thing is done in good faith for executing the functions, powers or duties of the Commission ("the National Land Commission established by Article 67 of the Constitution;") , render the member, officer, employee or agent personally liable to any action, claim or demand whatsoever.

Section 25Verify source

§ 7COMPOSITION AND ADMINISTRATION - 7. Membership of theCommissionProvision

The Commission comprises a Chairperson and eight other members; the Chairperson and members shall be appointed in accordance with the procedure set out in the First Schedule and with the Constitution and this Act.

Section 7. Membership of theCommission Section 7(1) The Commission ("the National Land Commission established by Article 67 of the Constitution;") shall consist of a Chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution andof this Act;") and eight other members appointed in accordance with the Constitution and the provisions of this Act. Section 7(2) The Chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution andof this Act;") and members of the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall be appointed in accordance with the procedure set out in the First Schedule.

Section 7Verify source

§ 8COMPOSITION AND ADMINISTRATION - 8. Qualification for appointment asChairpersonor member of theCommissionProvision

Sets qualifications and disqualifications for appointment as Chairperson or member of the Commission, including required degree-level education, acceptable fields of expertise, Chapter Six compliance, a distinguished career, and several disqualifying conditions.

Section 8. Qualification for appointment asChairpersonor member of theCommission Section 8(1)(a) holds a degree from a university recognized in Kenya; Section 8(1)(b) public administration; Section 8(1)(b)(i) public administration; Section 8(1)(b)(ii) land management and administration; Section 8(1)(b)(iii) management of natural resources; Section 8(1)(b)(iv) land adjudication and settlement; Section 8(1)(b)(v) land law, land survey, spatial planning or land economics; or Section 8(1)(b)(vi) social sciences; Section 8(1)(c) meets the requirements of Chapter Six of the Constitution; and Section 8(1)(d) has had a distinguished career in their respective fields. Section 8(2)(a) holds a degree from a university recognized in Kenya; Section 8(2)(b) public administration; Section 8(2)(b)(i) public administration; Section 8(2)(b)(ii) land management and administration; Section 8(2)(b)(iii) management of natural resources; Section 8(2)(b)(iv) land adjudication and settlement; Section 8(2)(b)(v) land law, land survey, spatial planning or land economics; or Section 8(2)(b)(vi) social sciences; Section 8(2)(c) meets the requirements of Chapter Six of the Constitution; and Section 8(2)(d) has had a distinguished career in their respective fields. Section 8(3)(a) is a member of Parliament or county assembly; Section 8(3)(b) is an official of a governing body of a political party; Section 8(3)(c) has at any time within the preceding five years, held or stood for election as a member of Parliament, a county assembly or as a governor; Section 8(3)(d) is an undischarged bankrupt; Section 8(3)(e) has been convicted of a felony; Section 8(3)(f) has benefitted from, or facilitated an unlawful or irregular allocation, acquisition or use of land or other public property; or Section 8(3)(g) has been removed from office for contravening the provisions of the Constitution or any other written law. Section 8(4) Subsection (3)(b) shall cease to apply to a person after two general elections have been held since the person ceased to hold such office. Section 8(5) The Chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution andof this Act;") and members of the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall be appointed for a single term of six years and shall not be eligible for re-appointment.

Section 8Verify source

§ 9COMPOSITION AND ADMINISTRATION - 9. Oath of office ofChairperson, member andsecretaryProvision

The Chairperson, members and the secretary must, before assuming office and before the Chief Justice, make and subscribe to the oath or affirmation set out in the Second Schedule.

Section 9. Oath of office ofChairperson, member andsecretary Section The Chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution andof this Act;") , members and the secretary ("the secretary to the Commission appointed by the Commission under Article 250(12) of the Constitution, in accordance with the procedure set out inof this Act") shall, before assuming office, make and subscribe, before the Chief Justice, to the oath or affirmation set out in the Second Schedule.

Section 9Verify source

Part IV

FINANCIAL PROVISIONS

§ 26FINANCIAL PROVISIONS - 26. Funds of theCommissionProvision

Section 26 establishes the Commission's funds as monies allocated by Parliament, monies or assets accruing to the Commission, and monies from other sources provided, donated or lent to the Commission; receipts and balances shall not be paid into the Consolidated Fund but retained for the Act's purposes.

Section 26. Funds of theCommission Section 26(1)(a) monies allocated by Parliament for the purposes of the Commission ("the National Land Commission established by Article 67 of the Constitution;") ; Section 26(1)(b) such monies or assets as may accrue to the Commission ("the National Land Commission established by Article 67 of the Constitution;") in the course of the exercise of its powers, or the performance of its functions under this Act; and Section 26(1)(c) all monies from any other source provided or donated or lent to the Commission ("the National Land Commission established by Article 67 of the Constitution;") . Section 26(2) The receipts, earnings or accruals of the Commission ("the National Land Commission established by Article 67 of the Constitution;") and the balances at the close of each financial year shall not be paid into the Consolidated Fund but shall be retained for the purposes of this Act in accordance with Article 206(1)(a) and (b) of the Constitution.

Section 26Verify source

§ 27FINANCIAL PROVISIONS - 27. Financial yearProvision

The financial year of the Commission (the National Land Commission) is twelve months running from 1 July to 30 June of the following year.

Section 27. Financial year Section The financial year of the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall be the period of twelve months commencing on the first of July and ending on the thirtieth of June of the subsequent year.

Section 27Verify source

§ 28FINANCIAL PROVISIONS - 28. Annual estimatesCommencement

Before each financial year the Commission must prepare estimates of its revenue and expenditure; the Cabinet Secretary must present the Commission-approved estimates to the National Assembly for consideration and approval.

Section 28. Annual estimates Section 28(1) Before the commencement of each financial year, the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall cause to be prepared estimates of the revenue and expenditure of the Commission ("the National Land Commission established by Article 67 of the Constitution;") for that year. Section 28(2) The annual estimates shall make provision for all the estimated expenditure of the Commission ("the National Land Commission established by Article 67 of the Constitution;") for the financial year concerned. Section 28(3) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to land;") shall present the estimates approved by the Commission ("the National Land Commission established by Article 67 of the Constitution;") under subsection (2) for consideration and approval by the National Assembly.

Section 28Verify source

§ 29FINANCIAL PROVISIONS - 29. Accounts and auditProvision

The Commission must keep proper books and records of account and must have its annual accounts prepared, audited and reported in accordance with Articles 226 and 229 of the Constitution and the Public Audit Act.

Section 29. Accounts and audit Section 29(1) The Commission ("the National Land Commission established by Article 67 of the Constitution;") shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Commission ("the National Land Commission established by Article 67 of the Constitution;") . Section 29(2)(a) a statement of the income and expenditure of the Commission ("the National Land Commission established by Article 67 of the Constitution;") during that year; and Section 29(2)(b) a statement of the assets and liabilities of the Commission ("the National Land Commission established by Article 67 of the Constitution;") on the last day of that financial year. Section 29(3) The annual accounts of the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall be prepared, audited and reported upon in accordance with the provisions of Articles 226 and 229 of the Constitution and the Public Audit Act ( Cap. 412B ).

Section 29Verify source

Part V

TRANSITIONAL PROVISIONS

§ 30TRANSITIONAL PROVISIONS - 30. SavingsCommencement

Orders or notices about public land administration made or issued by the Ministry of Lands before the Act commenced are treated as if made or issued under this Act.

Section 30. Savings Section any orders or notices relating to public land administration made or issued by the Ministry of Lands before the commencement of the Act shall be deemed to have been made or issued under this Act; and

Section 30Verify source

§ 31TRANSITIONAL PROVISIONS - 31. Transfer of staffCommencement

Persons who immediately before commencement were serving on contract or employed in Ministry of Lands roles transferred to the National Land Commission shall be appointed or employed as staff of the Commission at commencement, subject to subsection (3); applicants failing vetting under subsection (3) shall not be employed.

Section 31. Transfer of staff Section 31(1) Subject to subsection (3), a person who, immediately before the commencement of this Act, was serving on contract in the Ministry of Lands in any of the departments whose services have been transferred to the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall, at the commencement of this Act, be appointed or employed as a member of staff of the Commission ("the National Land Commission established by Article 67 of the Constitution;") for the unexpired period, if any, of the term. Section 31(2) Subject to subsection (3) and Article 252(1)(c) of the Constitution, every person who, immediately before the commencement of this Act, was an employee of the Government in the Ministry of Lands in any of the departments whose functions have been transferred to the Commission ("the National Land Commission established by Article 67 of the Constitution;") shall, upon the commencement of this Act, be employed or appointed as a member of staff of the Commission ("the National Land Commission established by Article 67 of the Constitution;") . Section 31(3)(a) require such person to make an application for employment or appointment to the Commission ("the National Land Commission established by Article 67 of the Constitution;") ; and Section 31(3)(b) using the criteria determined by the Commission ("the National Land Commission established by Article 67 of the Constitution;") , vet such a person to ensure that he or she is fit and proper to serve in the position applied for as a member of staff of the Commission ("the National Land Commission established by Article 67 of the Constitution;") . Section 31(4) An applicant who fails to meet the vetting criteria under subsection (3), shall not be employed or appointed by the Commission ("the National Land Commission established by Article 67 of the Constitution;") . Section 31(5) Notwithstanding the provisions of this section, and for as long as the Commission ("the National Land Commission established by Article 67 of the Constitution;") or the county government shall not have appointed staff to perform the functions transferred under this section, the staff of the Ministry of Lands shall continue to perform those functions and their acts shall be deemed to be those of the Commission ("the National Land Commission established by Article 67 of the Constitution;") or county government.

Section 31Verify source

§ 32TRANSITIONAL PROVISIONS - 32. Transfer of assetsCommencement

Assets, rights and obligations that were vested in or held by the Ministry of Lands for transferred departments are to be treated as vested in (or acquired, incurred or entered into by or on behalf of) the National Land Commission upon commencement of the Act.

Section 32. Transfer of assets Section 32(1) All property, assets, rights, liabilities, obligations, agreements and other arrangements existing at the commencement of this Act and vested in, acquired, incurred or entered into by or on behalf of the Ministry of Lands with respect to the departments whose functions have been transferred to the Commission ("the National Land Commission established by Article 67 of the Constitution;") , shall upon the commencement of this Act, be deemed to have vested in or to have been acquired, incurred or entered into by or on behalf of the Commission ("the National Land Commission established by Article 67 of the Constitution;") to the same extent as they were enforceable by or against the such departments before the commencement of this Act. Section 32(2)(a) make such entries in the appropriate register as shall be necessary to give effect to the transfer; Section 32(2)(b) where appropriate, issue to the Commission ("the National Land Commission established by Article 67 of the Constitution;") a certificate of title or other statutory evidence of ownership of the property or make such amendments on such certificates or in the appropriate register as may be necessary; and Section 32(2)(c) make any necessary endorsements on such deeds or other documents as may be presented to such registering authority relating to the title, right or obligation concerned.

Section 32Verify source

Part VI

MISCELLANEOUS PROVISIONS

§ 33MISCELLANEOUS PROVISIONS - 33. Annual reportProvision

Annual report.

Section 33. Annual report Section 33(1)(a) the financial statements of the Commission ("the National Land Commission established by Article 67 of the Constitution;") ; Section 33(1)(b) a description of the activities of the Commission ("the National Land Commission established by Article 67 of the Constitution;") ; Section 33(1)(c) information relating to the progress made in the registration of title in land; Section 33(1)(d) recommendations made by the Commission ("the National Land Commission established by Article 67 of the Constitution;") to the county or national governments or to any state agency or organ and the action taken on such recommendations; Section 33(1)(e) any impediments to the work of the Commission ("the National Land Commission established by Article 67 of the Constitution;") ; and Section 33(1)(f) such other information as the Commission ("the National Land Commission established by Article 67 of the Constitution;") considers appropriate in relation to the functions of the Commission ("the National Land Commission established by Article 67 of the Constitution;") . Section 33(1A) The Commission ("the National Land Commission established by Article 67 of the Constitution;") shall submit the annual report in subsection (1) to the President and Parliament within six months after the end of the year to which it relates. Section 33(2) The Commission ("the National Land Commission established by Article 67 of the Constitution;") shall cause the annual report and any information as may be required under Article 254(3) of the Constitution to be published and publicized in such manner as the Commission ("the National Land Commission established by Article 67 of the Constitution;") may determine. [Act No. 19 of 2023 , Sch.]

Section 33Verify source

§ 34MISCELLANEOUS PROVISIONS - 34. Code of conductProvision

The Commission (the National Land Commission) must develop a code of conduct for its members and staff within six months.

Section 34. Code of conduct Section The Commission ("the National Land Commission established by Article 67 of the Constitution;") shall within six months develop a code of conduct for its members and staff.

Section 34Verify source

§ 35MISCELLANEOUS PROVISIONS - 35. OffencesOffence

It is an offence for a person to obstruct, assault, threaten, submit false information to, or knowingly mislead a member or staff of the National Land Commission; contravention is punishable by a fine up to three million shillings, imprisonment up to five years, or both.

Section 35. Offences Section 35(1)(a) without justification or lawful excuse, obstruct or hinder, assault or threaten a member or a member of staff of the Commission ("the National Land Commission established by Article 67 of the Constitution;") acting under this Act; Section 35(1)(b) submit false or misleading information to the Commission ("the National Land Commission established by Article 67 of the Constitution;") ; or Section 35(1)(c) misrepresent to or knowingly mislead a member or a member of staff of the Commission ("the National Land Commission established by Article 67 of the Constitution;") acting under this Act. Section 35(2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding three million shillings, or to imprisonment for a term not exceeding five years, or to both.

Section 35Verify source

§ 36MISCELLANEOUS PROVISIONS - 36. RegulationsProvision

The Commission (the National Land Commission) may make regulations to carry any provisions of this Act into effect, and such regulations shall be tabled before Parliament for approval.

Section 36. Regulations Section The Commission ("the National Land Commission established by Article 67 of the Constitution;") may make regulations generally for the better carrying into effect of any provisions of this Act and such regulations shall be tabled before Parliament for approval.

Section 36Verify source

Legislative relationships

8 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

5 instruments

Act Sets the object and purpose of the Act
Section 3
Commission appointed in accordance with Article 250(2) of the Constitution andof this Act
Sections 7, 8, 9, 11
Commission under the Act
Section 24
Constitution and section 8 of this Act
Section 2
Constitution and the Public Audit Act
Section 29

G–M

2 instruments

Lands before the Act
Section 30
Limitation of Act
Section 15

N–S

1 instrument

Part IV of this Act
Section 20

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11 Dec 2023 · currentEnglish

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