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 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 secreta...

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 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 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 lan...

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 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 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...

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 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 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 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 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 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 ("t...

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(...

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;")...

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 18.[Repealed by ActNo. 28 of 2016, s. 39.]

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 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 hea...

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 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 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 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...

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 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 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 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 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 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 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 em...

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...

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 Co...

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 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 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.