odera
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odera
@v_odera
Only the disciplined ones in life are free
🚨 Land Governance Overhaul: President Assents to the Land Laws (Amendment) Bill, 2023. Kenya’s land regime has undergone major reforms reshaping the powers of the National Land Commission (NLC), the process of compulsory acquisition, valuation of rent, and registration frameworks Here’s a breakdown of what changes. 🧵 1️⃣ Review of Public Land Grants_ National Land Commission Act, Section 14 Before: National Land Commission could only review grants and dispositions of public land within 5 years from the commencement of the Act. Now: The 5-year limit is removed & NLC may review any public land grant at any time. 📌 Impact: Expands NLC’s oversight on public land indefinitely. Exposes holders of titles originating from public land to potential revocation even decades later. Reinforces anti-corruption and land justice goals but increases uncertainty for investors and lenders. 2️⃣ Historical Land Injustices (NLC Act, Section 15) Before: Claims had to be filed within 5 years of the commencement of the Act. Now: No time limitation, victims of land injustices may lodge claims without restriction. 📌 Impact: Enables long-marginalized communities to seek restitution or compensation. Could reopen long-settled ownerships, raising tenure security and succession concerns. 3️⃣ Compulsory Acquisition of Land (Land Act, Part VIII) Before: NLC exercised powers of compulsory acquisition, issuing notices, conducting inquiries, determining compensation, and taking possession on behalf of national or county governments. Now: These functions move to the Cabinet Secretary for Lands, with NLC retaining only an advisory and oversight role. 📌 Impact: Centralizes compulsory acquisition under the Ministry. Landowners will now engage primarily with the Ministry, not NLC. 4️⃣ Land Acquisition Committee (New Provision in the Land Act) A statutory Land Acquisition Committee is created to review compensation disputes and objections within 90 days. 📌 Impact: Promotes faster and more specialized determinations. Offers pre-court review for valuation and compensation disputes. 5️⃣ Rent & Valuation of Public Land Leases - New Provision in the Land Act Before: Rent for public land leases determined at grant and rarely updated. Now: There will be a land value index and 10-year rent revaluation cycle, coordinated by the Ministry and approved by Parliament. 📌 Impact: Aligns lease rent with current market value. Increases fiscal accountability and public revenue. May raise operational costs for long-term lessees and affect mortgage valuations. 6️⃣ Rent Clearance Before Registration of Charges - Land Registration Act, Section 56(4)). Now, a charge can not be registered unless a valid land rent clearance certificate is produced. 📌 Impact: Ensures compliance and rent recovery before loan registration. May delay financing transactions where arrears exist. Strengthens fiscal discipline in leasehold property management. 💡 Key Takeaway: The Land Laws (Amendment) Bill, 2023 marks a transformative but delicate shift in Kenya’s land governance, empowering the State to correct historical injustices and tighten fiscal discipline, while reshaping institutional power and investor risk. 👉 Follow @hklaw_kenya for timely, practical legal insights on emerging land and property law developments.
Google memories with the reminder that two years ago this day, my cornea gave in, and I suddenly lost complete vision on my left eye in the middle of the day. I've come a long way from what I felt that day. Hopefully, I've garnered enough courage to do that transplant next year.
