You may have heard a lot about the National Land Commission (NLC) and wondered just what it does and where you may need to interact with it as you pursue your rights and interests in matters land. This guide walks you through the commission’s responsibilities in detail.
What is the National Land Commission?
The National Land Commission is the constitutional body created by the 2010 Constitution in Kenya to help deal with land matters and it is also the primary custodian of all public land in the Republic of Kenya. This commission was formed to help deal with matters pertaining to public land, including historical land injustices, the equitable use of public land, and the allocation of public land while ensuring optimal use of this land.
The National Land Commission has also been mandated under the Kenyan Constitution 2010 to provide a national land policy framework to the government and also proofread a national land policy that will guide the government of the day in dealing with all matters regarding public land. It has several roles under the constitution, including allocating and disposing of public land in Kenya on behalf of the government and the county governments, thus ensuring that public land is used in a fair and sustainable manner.
The commission is also charged with the mandate to create a land management system that is both sustainable and deals with all land matters, including historical land injustices.
Does the NLC Work Alone?
The National Land Commission is supposed to work hand in hand with other government agencies and institutions in dealing with issues regarding public land. It is meant to address various issues that have plagued Kenya regarding public land and offset these issues in a legal and procedural manner. Moreover, it is meant to address the government on the national land policy and provide reforms that are needed to help deal with public land issues.
The commission is, hence, meant to collaborate with other players in regard to public land and ensure the equitable use of this resource.
NLC in Compulsory Acquisition
Land in Kenya can be acquired by the government for public use, including the setting up of public infrastructure, building of roads and railways, or for any other purpose that the government says will benefit the public. Once the government has made such a decision, the National Land Commission has the duty to acquire this land from the respective affected individuals and compensate them as per the market rate for the land acquisition, and this will be done in a fair, reasonable manner.
Along this line, the National Land Commission is mandated with the role of determining the appropriate compensation for the owners of the plots of land that are being acquired by the government for public use, and it must hence conduct an evaluation of the affected land parcels and determine a fair price for the same. Upon determining the price of compensation, the commission should then proceed to pay the agreed-upon compensation price to the owners of the affected land parcels.
In some cases there are disputes regarding the amount of compensation to be paid where the NLC has a different valuation figure from that of the land owner or owners. In such cases, the commission has a dispute resolution mechanism that helps settle these matters in a timely and legal manner.
Due to such legal circumstances, it is, hence, the mandate of the National Land Commission to store the compensation funds in a separate trust account held by the commission until the matter is heard and determined.
Setbacks in Compulsory Acquisition
While most compulsory acquisition matters go by without a hitch, the National Land Commission often faces several challenges while carrying out its mandate.
Some of these challenges include the lead valuation reports that slow down the process of compensation. Another challenge is where there are disputes in regards to varying valuation amounts where the commission has a different figure from what the land owners have.
There is also the issue of corruption, which serves to disenfranchise the land owners, and this leads to the land owners not getting the fair price of the land parcels. Another challenge is where the National Land Commission lacks the funds to compensate the affected land owners, which serves to delay the process of comprehension – this inconveniences the affected land owners as their parcels of land have already been set for acquisition and, in some cases, they have already been asked to leave their land parcels and have nowhere to go as they have not been compensated.
Given that the compensation has to be done in a fair manner as set out in the law, these challenges undermine the efficiency of the National Land Commission in carrying out its mandates.
Other Challenges Facing the National Land Commission
In pursuit of its mandates, the National Land Commission faces various challenges, including corruption, political interference by powerful individuals within governments, and inadequate resources, which curtail its effectiveness and efficiency in fulfilling and playing its role and mandates as per the Kenyan Constitution 2010. These challenges, however, can be addressed and resolved through various reforms to the National Land Commission that help it work in a more efficient and effective manner.
Need Help with an NLC Matter?
Whether you are going through compulsory land acquisition or facing any other legal hurdle that relates to the NLC, our legal experts are here to help. Well-versed in Kenyan land laws, we can guide you on the best way to protect your rights.