The National Assembly has passed the National Land Commission (Amendment) Bill, 2023, for the second time, fully accommodating President reservations. The amendment restore the Commission’s mandate to review historical land allocations and address injustices, while introducing safeguards and time limits.

The amendments include a five-year window for the Commission to review grants and dispositions of public land issued before August 27, 2010, with the option to petition Parliament for an extension. Determinations will be published in the Kenya Gazette and may be registered in the High Court.

Clause 3 empowers the Commission to investigate historical land injustice complaints and recommend redress, but this provision will automatically lapse after five years.

Lands Committee Chair Hon. Joash Nyamoko said the changes mainly provided clarity. “There was nothing major, including Clause Two on the five-year limit. We can still revisit and see whether we are able to give that extension,” he told the House.

Deputy Majority Leader, Hon. Owen Baya welcomed the reforms, noting that they would revive stalled reviews. “Let the people of the Coast region, Western, Nyanza, and Nairobi, who for a long time have suffered historical land injustices, now get justice because we have given them the law and the power to do it,” he said, adding that similar injustices persisted in Northern Kenya.

Hon. Anthony Oluoch pointed out that the changes would have implications for property rights, the economy, and the banking sector. “People who have already enjoyed proprietary rights of a property, especially people with freehold, must be cognisant of the implications… where titles are held as security and collateral.”

He added that land rights should not be restricted by time, others stressed the need for certainty of titles. “The sunset clause was introduced so there can be certainty of legal titles as a function of the economy. Equity only assists the vigilant and not the indolent."

The Bill now returns to the President for assent.