National Land Commission Act: Laws of Kenya
National Land Commission Act: Laws of Kenya
National Land Commission Act: Laws of Kenya
[Rev. 2014]
CAP. 5D
CHAPTER 5D
NATIONAL LAND COMMISSION ACT
ARRANGEMENT OF SECTIONS
PART I PRELIMINARY
Section
1.
2.
3.
4.
Short title.
Interpretation.
Object and purpose of the Act.
Offices of the Commission.
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Savings.
Transfer of staff.
Transfer of assets.
33.
34.
35.
36.
Annual report.
Code of conduct.
Offences.
Regulations.
SCHEDULES
FIRST SCHEDULE
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CHAPTER 5D
NATIONAL LAND COMMISSION ACT
[Date of assent: 27th April, 2012.]
[Date of commencement: 2nd May, 2012.]
An Act of Parliament to make further provision as to the functions and
powers of the National Land Commission, qualifications and procedures
for appointments to the Commission; to give effect to the objects
and principles of devolved government in land management and
administration, and for connected purposes
[Act No. 5 of 2012, Act No. 18 of 2014.]
PART I PRELIMINARY
1. Short title
This Act may be cited as the National Land Commission Act, 2012.
2. Interpretation
(1) In this Act, unless the context otherwise requires
board means a county land management board established pursuant to
section 18;
chairperson means the chairperson of the Commission 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 appointed by the
Commission under Article 250(12) of the Constitution, in accordance with the
procedure set out in section 20 of this Act.
(2) Despite subsection (1), until after the first general elections under the
Constitution, references in this Act to the expression Cabinet Secretary shall be
construed to mean Minister.
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(c)
(d)
(e)
(f)
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ensure that public land and land under the management of designated
state agencies are sustainably managed for their intended purpose
and for future generations;
develop and maintain an effective land information management
system at national and county levels;
manage and administer all unregistered trust land and unregistered
community land on behalf of the county government; and
develop and encourage alternative dispute resolution mechanisms in
land dispute handling and management.
(3) Despite the provisions of this section, the Commission shall ensure that all
unregistered land is registered within ten years from the commencement of this Act.
(4) Parliament may, after taking into consideration the progress of registration,
extend the period set by the Commission under subsection (3).
6. Powers of the Commission
(1) The Commission, shall have all the powers necessary for the execution of
its functions under the Constitution, this Act and any other written law.
(2) Without prejudice to the generality of subsection (1), the Commission shall
have powers to
(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;
(b) hold inquiries for the purposes of performing its functions under this
Act;
(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.
(3) In the exercise of its powers and the discharge of its functions, the
Commission
(a) may inform itself in such manner as it may consider necessary;
(b) may receive written or oral statements; and
(c) is not bound by the strict rules of evidence.
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8.
Qualification for appointment as chairperson or member of the
Commission
(1) A person shall be qualified for appointment as the chairperson if the person
(a)
(b)
(c)
(d)
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(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.
(5) The chairperson and members of the Commission shall be appointed for a
single term of six years and shall not be eligible for re-appointment.
9. Oath of office of chairperson, member and secretary
The chairperson, members and the secretary shall, before assuming office,
make and subscribe, before the Chief Justice, to the oath or affirmation set out in
the Second Schedule.
10. Vacancy in office of chairperson or member
(1) The office of the chairperson or a member shall become vacant if
(a) the holder
(i) dies;
(ii) by notice in writing addressed to the President, resigns from
office;
(iii) is convicted of a felony;
(iv) is absent from three consecutive meetings of the Commission
without justifiable cause;
(v) is removed from office under any of the circumstances specified
in Article 251(1) of the Constitution; or
(b) the term of office of the holder expires.
(2) The President shall publish every resignation, vacancy or termination in the
Gazette within seven days of such resignation, vacancy or termination.
11. Removal of chairperson or member
The chairperson or a member of the Commission may be removed from office
in accordance with the procedure for removal provided under Article 251 of the
Constitution.
12. Filling of vacancy
(1) Where a vacancy occurs in the membership of the Commission, the
President shall appoint a replacement in accordance with the procedure set out in
the First Schedule.
(2) A member appointed under subsection (1), shall serve the Commission for
a single term of six years.
13. Terms and conditions of service
A member of the Commission shall be paid such remuneration or allowances
as the Salaries and Remuneration Commission shall determine.
14. Review of grants and dispositions
(1) Subject to Article 68(c)(v) of the Constitution, the Commission 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 or an individual, review all
grants or dispositions of public land to establish their propriety or legality.
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(2) Subject to Articles 40, 47 and 60 of the Constitution, the Commission shall
make rules for the better carrying out of its functions under subsection (1).
(3) In the exercise of the powers under subsection (1), the Commission shall
give every person who appears to the Commission 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.
(4) After hearing the parties in accordance with subsection (3), the Commission
shall make a determination.
(5) Where the Commission finds that the title was acquired in an unlawful
manner, the Commission shall, direct the Registrar to revoke the title.
(6) Where the Commission finds that the title was irregularly acquired, the
Commission shall take appropriate steps to correct the irregularity and may also
make consequential orders.
(7) No revocation of title shall be effected against a bona fide purchaser for
value without notice of a defect in the title.
(8) In the exercise of its power under this section, the Commission shall be
guided by the principles set out under Article 47 of the Constitution.
(9) The Commission may, where it considers it necessary, petition Parliament
to extend the period for undertaking the review specified in subsection (1).
15. Investigation and adjudication
The Commission shall, within two years of its appointment, recommend to
Parliament appropriate legislation to provide for investigation and adjudication of
claims arising out of historical land injustices for the purposes of Article 67(2)(e)
of the Constitution.
16. Establishment of committees and county offices
(1) The Commission may, establish committees for the better carrying out of
its functions.
(2) The Commission may co-opt into the membership of its committees
other persons whose knowledge and skills are necessary for the functions of the
Commission.
(3) A person co-opted into the membership of a committee under subsection
(2) may attend the meetings of the Commission and participate in its deliberations
but shall have no right to vote at any meeting
(4) The Commission may pay persons co-opted to the committees such
allowances and other expenses as it may determine from time to time.
(5) The Commission shall establish offices in the counties and may establish
other offices in the sub-counties as it may consider necessary.
17. Consultation
In carrying out its functions, the Commission shall work in consultation and cooperation with the national and county governments subject to Article 10 and Article
232 of the Constitution.
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(b)
(c)
(d)
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FIRST SCHEDULE
[Sections 7(2), 12(1).]
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(g)
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(5) The President shall, within fourteen days of receipt of the names of
successful applicants forwarded under paragraph (4)(g), nominate the chairperson
and members of the Commission and forward the names of the persons so selected
to the National Assembly for approval.
(6) The National Assembly shall, within twenty-one days of the day, it next sits
after receipt of the names of the applicants under paragraph (5), vet and consider
all the applicants, and may approve or reject any or all of them.
(7) Where the National Assembly approves of the nominees, the Speaker of
the National Assembly shall forward the names of the approved nominees to the
President for appointment.
(8) The President shall, within seven days of receipt of the approved nominees
from the National Assembly, by notice in the Gazette, appoint the chairperson and
members of the Commission approved by the National Assembly.
(9) Where the National Assembly rejects any nomination, the Speaker shall
within three days communicate its decision to the President and request the
President to submit fresh nominations.
(10) Where a nominee is rejected by the National Assembly under paragraph
(9), the President shall within seven days, submit to the National Assembly a fresh
nomination from amongst the persons shortlisted and forwarded by the selection
panel under paragraph (4).
(11) If the National Assembly rejects any or all of the subsequent nominees
submitted by the President for approval under paragraph (10), the provisions of
paragraphs (1) to (5) shall apply.
(12) In short listing, nominating or appointing persons as chairperson and
members of the Commission, the selection panel, the National Assembly and the
President shall ensure that not more than two-thirds of the members are of the
same gender.
(13) The selection panel may, subject to this section, determine its own
procedure.
(14) Until after the first general elections under the Constitution, the President
shall, in the appointment of the chairperson or members of the Commission, consult
the Prime Minister.
(15) The selection panel shall stand dissolved upon the appointment of the
chairperson and members of the Commission under paragraph (8).
(16) Where the provisions of paragraph (10) apply, the selection panel shall
continue to exist but shall stand dissolved upon the requisite appointments being
made under paragraph (11).
(17) Despite the foregoing provisions, the President may, by notice in the
Gazette, extend the period specified in respect of any matter under this section by
a period not exceeding twenty-one days.
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SECOND SCHEDULE
[Sections 9, 20(3)(c).]
THIRD SCHEDULE
[Section 18(7).]
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FOURTH SCHEDULE
[Section 19.]
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(2) Where there is a vacancy in the Commission, the quorum of the meeting
shall not be less than three members.
4. Voting
A question before the Commission shall be decided by a majority of the
members.
5. Rules of procedure and minutes
The Commission shall
(a) determine rules of procedure for the conduct of its business; and
(b) keep minutes of its proceedings and decisions.
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