Sunday, September 24, 2017
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Review of Land Regulations in Kenya

land reformsThe Constitution of Kenya 2010 introduced three classifications of land: community land, private land and public land. It drastically changed the structure for administration and management of land after 2010. This included establishment of the National Land Commission, removal of the office of commissioner of lands and appropriated certain functions on land to County Governments.

New legislations were enacted after the promulgation of the 2010 Constitution to give life to the Articles on land use and land ownership. The Land Registration Act enacted in 2012 provides for the procedural law regulating land use and ownership, repealed the various land registrations laws that existed prior. The Land Act of 2012 provides the substantive law regulating land matters in Kenya and most recently the Community Land Act regulates the ownership and administration of community land.

From 2012 up to date no regulations had been put in place to operationalize the various land laws. The National Land Commission did not put in place rules despite the fact that it was needed to do so within the past 5 years. Through an opinion from the Supreme Court there has been rise to the Land Laws Amendment Act which amended sections of the various land laws.  ["The Constitution of Kenya 2010, changed the management and administration of land in Kenya. Legislations enacted include; Land Registration Act 2012, Land Act 2012 and Community Land Act. However, no regulations to operationalize the laws."]

In this regard, the Council of Governors secretariat held a sensitization meeting with County Executive Committee Members Land, Physical Planning and Urban Planning to decipher matters of concern from the various regulations including Community Land Regulations 2017, Land Registration Regulations and the Lands Regulation 2017.

This is because there have been no regulations to date to operationalize the change. For instance, registration of land is still done under the old regimes thus, the need for new regulations. The meeting looked into the provisions of the draft regulations as developed by the Ministry of Lands and Physical Planning in consultation with the National Land Commission. The issues highlighted will form part of the Council of Governors

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