2013–2019 - national land commission · even greater achievements beckon, with the benefitsof...

NATIONAL LAND COMMISSION

2013–2019 FIRST COMMISSIONERS

END TERM REPORT

Ardhi Yetu, Mali Yetu, Urithi Wetu

2 First Commissioners End Term Report 2013–2019

FIRST COMMISSIONERS END TERM REPORT2013-2019© National Land CommissionYear of publication 2019Nairobi

3Ardhi Yetu, Mali Yetu, Urithi Wetu

CONTENTS

Chairman Foreword ..................................................................................................................................... 7

Ceo’s Statement .............................................................................................................................................. 9

Abbreviations and Acronyms ................................................................................................................. 11

Executive Summary ...................................................................................................................................... 13

Institutional Governance............................................................................................................................ 16

CHAPTER 1

MANDATE AND OPERATIONALIZATION OF THE COMMISSION ........................... 25

1.0 Rationale For Land Oversight In Kenya .................................................................... 251.1 Mandate ............................................................................................................................................. 261.2 Core Values ..................................................................................................................................... 281.3 Vision .................................................................................................................................................... 281.4 Mission ................................................................................................................................................ 281.5 Motto .................................................................................................................................................... 281.6 Operationalization of the Commission ....................................................................... 291.7 Directorates Roles and Responsibilities .................................................................... 321.8 Fiduciary Oversight Arrangements ............................................................................... 351.9 Other Cross Cutting Activities ............................................................................................ 38

CHAPTER 2

HISTORICAL CONTEXT OF THE NATIONAL LAND COMMISSION ........................ 39

2.1 The Land Question In Kenya .............................................................................................. 392.2 Evolution Of Land Law In Kenya ...................................................................................... 392.3 Initiatives By Government To Address The Land Question ......................... 422.4 Establishment Of The National Land Commission ........................................... 432.5 Initial Challenges Faced by The National Land Commission .................... 44

CHAPTER 3

ACHIEVEMENTS OF THE COMMISSION ............................................................................ 49

3.0 Establishment of the Secretariat ..................................................................................... 493.1 The Guiding Strategic Direction ....................................................................................... 493.2 Implementation And Review of 2013/18 Strategic Plan .............................. 513.3 Public Land Management and Administration of Land Rights ................ 523.4 Public Land Information Management System ................................................... 703.5 PromotionofConflictResolutionMechanism ...................................................... 763.6 Sustainable Management and Use of Land and Natural Resources .. 79


3.7 Decentralised Land Governance in the Counties .............................................. 873.8 Advisories Issued By National Land Commission .............................................. 893.9 Research On Land and Natural Resources ............................................................. 903.10 Institutional Strengthening .................................................................................................. 913.11 Public Participation, Advocacy & Partnerships ..................................................... 105

CHAPTER 4

CHALLENGES, RECOMMENDATIONS AND WAY FORWARD .................................. 111

4.1 Challenges and Recommendations ............................................................................. 1114.2 Way Forward .................................................................................................................................. 116

APPENDICES

Appendix 1: National Land Commission Organogram .................................................. 119Appendix 2: List of Commissioners and the County They Reference ............... 120Appendix 3: Recommendations On The Next Commission Strategic Plan ... 121Appendix 4: Analysis of School Titling Program Status ................................................ 123Appendix 5: Land Acquisition Projects Undertaken by the Commission

during 2013-2018 .......................................................................................................... 125Appendix 6: Development Applications Processed In Decentralized Units . 130Appendix 7: Public Land Held by Ministries, Departments and

Agencies (MDA’s) .......................................................................................................... 132Appendix 8: Historical Land Injustice Claims Admitted ............................................... 134Appendix 9: Matrix of Partnerships & Engagements ...................................................... 136

LIST OF FIGURES

Figure 1.0 Map of Kenya .................................................................................................................. 25

Figure 1:1 Swearing in Ceremony on 27 February 2013........................................... 29

Figure 2.0 Professor Swazuri- Chairperson NLC , CS Lands, Charity Ngilu; President of Kenya, Hon. Uhuru Kenyatta at a State House function ...................................................................................... 47

Figure 2.1 CS Hon., Dr. Matiangi; Chair NLC, Prof Swazuri and Mombasa County Coordinator Nelson Marwa ...................................... 47

Figure 2.2 Chairperson NLC, Prof. Swazuri with the CS Lands Hon. Farida Karoney, at the Bondo School Titling Program (Siaya County) 2019 .................................................................................................... 48

Figure 3.0 The National Land Commission 2013/18 Strategic Plan ............... 50

Figure 3.1 H.E the President Uhuru Kenyatta at Serani Boys Mombasa issuing 305 titles to public institutions. ............................. 54

Figure 3.2 Status of the schools titles per county ........................................................ 59


Figure 3.3 Vice Chair Abigael Mbagaya and Commissioner Emma receiving an illegally acquired title. ............................................................... 61

Figure 3.4 NoofCourtCasesfiledanddefendedaspercounty ..................... 62

Figure 3.5 Compulsory acquired land for each infrastructure category. .... 66

Figure 3.6 The Chairman Prof Swazuri, Vice Chair Abigael Mbagaya during signing of an MOU on the LAPPSET project. ......................... 67

Figure 3.7 Length of roads and railway acquired in kms ........................................ 67

Figure 3.8 Land acquired for Dams in acres ..................................................................... 68

Figure 3.9 Amount of compensation disbursed by the Commission between 2013 and 2019 .......................................................................................... 68

Figure 3.10 NLC Geographical Information System (GIS) Laboratory .............. 72

Figure 3.11 Conceptualized PLIS implementation phases ...................................... 73

Figure 3.12 Public portal application process .................................................................... 73

Figure 3.13 Commissioner Khalif handing over lab equipment’s to the then CEM Lands Dr. Robert Thuo at Nyeri GIS Laboratory . 75

Figure 3.14 CommissionerDrSamuelTororeiflankedbyNandiCounty Governor addressing the press after the Commission launchedhearing of historical cases in Nandi County. .................... 77

Figure 3.15 Historical Land Injustices claims admitted by the Commission. 77

Figure 3.16 Kenya mineral and oil resources ...................................................................... 81

Figure 3.17 Photo of Lamu sand dunes, the only freshwater source for Lamu Island .............................................................................................................. 83

Figure 3.18 Chairman Prof. Swazuri during launch of the Land use planning guidelines in Nandi. ..................................................... 84

Figure 3:19 Participants during the National Land policy review workshop in Nakuru.................................................................................. 86

Figure 3.20 Staffgendercomposition ...................................................................................... 98

Figure 3.21 Approved Total Annual Budgetary Allocation ........................................ 100

Figure 3.22 Approved Development Budgetary Allocation .................................... 101

Figure 3.23 Actual annual expenditure .................................................................................... 102

Figure 3.24 Comparison between money allocated and the budget requested........................................................................................................................... 103

Figure 3.25 Delegation from Zimbabwe Land Commission when they visited the Commission ........................................................................................... 107


LIST OF TABLES

Table 3.0 Some of the urban areas where regularization was undertaken 56

Table 3.1 Statistics on number of cases per county (2013- 2019) .................. 62

Table 3.2 Some Upcoming Land Acquisition projects ........................................... 66

Table3.3 Summaryofcumulativeachievementsatthecountyoffices .... 88

Table 3.4 Advisories Issued by National Land Commission ............................... 89

Table 3.5 Automated modules of HRMS and integrated system ................... 92

Table 3.6 Directorate/Unit Gender Analysis by number ....................................... 97

Table 3.7 Approved Annual Budgetary Allocation (Recurrent and Development Expenditure) ............................................. 100

Table3.8 Statistics on money disbursed and the budget requested ......... 102


Prof. Muhammad A. Swazuri

CHAIRMAN FOREWORD

The National Land Commission (NLC) was legally constituted in 2012 as per the enactment of the National Land Commission Act, 2012. The Chairman and the Commissioners were appointed on 20th February, 2013 and sworn in on 27th Feb-ruary, 2013. The 6 years term for the current members of the Commission expires on 19th February 2019. Being the pioneer Chairman of this important and crucial Commission, I am proud and blessed to have served at its helm. The Commission’s mandate is wide, mostly directed at implementing policy and practical transactions in the land sector. Reforms in the land sector are the core of our mandate as evi-denced by our roles and responsibilities.

Landreformshavealwaysbeendifficulttoimplementinmanypartsoftheworld.Atits inception, the Commission encountered a lot of resistance, reluctance and out-right objection from several interested parties in the land sector that were skeptical of change and the land reform agenda. Fear of the unknown, skeptism and sabo-tage greeted the Commission and it took more than two years for the Commission tofinditsproperfooting.Fromchangesintherelevantlandlawstodisagreementsover detailed procedural technicalities, the Commission endured continuous hur-dles that threatened its very existence.

I am happy to state that the Commission, through my leadership, managed to overcome the said challenges, grounded itself in its specializations and offeredthe necessary guidance on all matters relevant to its constitutional mandate. The Commission has navigated and resolved various perennial land problems of historical nature all over the country, most of them having been outstanding for decades. Examples abound Waitiki farm in Likoni, Mombasa, colonial farms in Nandi, Trans Nzoia and Nakuru counties, and squatter issues at the coast of Kenya. NLC


countrywide has resolved hundreds of longtime land disputes either at personal /individual, community or institutional levels.

The Commission has facilitated socio-economic development through successful-ly compulsory land acquisitions since 2013 for more than 77 projects at a combined cost of about Ksh 38.273 Billion. Most of these infrastructural projects that necessi-tated land acquisition include roads, dams, railway line and attendant way-leaves as well as power line connections among others. Notable examples include the Standard Gauge Railway (SGR) line from Mombasa to Nairobi (Phase I), and now in the second phase from Nairobi to Naivasha (Suswa) and other mammoth projects that the Commission is continuing to acquire. The Commission has also participated in acquisition of land for several dams, including Thwake, Lower Nzoia and others.

The Commission carried out review of grants and dispositions of public land in al-most all the counties of Kenya, for lands illegally acquired from 1960s to the current period. The outcome has been successful recovery of illegally and irregularly allo-cated land that is now available for use by both the County and National govern-ments.Publicschoolsandmarketshavebeenthegreatestbeneficiariesinthiscat-egory. The list of achievements by the Commission is endless, despite persistent challenges such as lack of public awareness on land transactions and legislative issues. Other challenges and bottlenecks that impeded the successful operations of the Commission include resistance to change; misunderstandings with the Min-istry of Lands and Physical Planning; inadequate funding; resistance from interest-ed parties who feel the Commission is frustrating old age land transaction systems, and legal misinterpretation that threaten/derail the work of the Commission.

As the Chairman of the Commission, I am satisfiedwith theworkwe have doneand the many achievements we have made in the land sector. The Kenyan citizen now understands very well that the Commission is the independent constitutional institution established to oversee the much-needed land reform in the country, a breakthrough that clears the way for the incoming team of Commissioners and their Chairman.

PROF MUHAMMAD A. SWAZURI PhD, OGW

Chairman National Land Commission Associate Professor of Land Economics


CEO’S STATEMENT

It gives me great pleasure to present the inaugural National Land Commission’s end term report. For the past six years, the Commission has been implementing its mandates and this report presents a highlight of the programmes executed, successes realized and challenges encountered. It also puts forward recommen-dations for consideration by the next group of Commissioners appointed for the subsequent six years from 2019.

Uponcomingintoofficein2013,theCommissionembarkedonanumberofcrucialactivitiestowardsestablishingtheCommissionofficesandrecruitmentofstaff. Inthisprocess,theCommissionrecruitedmembersofstaffofhighcalibre.Throughtheleadership of the Chairman and Commissioners, the Secretariat worked diligently to operationalize the mandates of the Commission. The focus of the Commission is prudent and sustainable management of public land, supporting Government infrastructure projects through timely execution of compulsory land acquisition programmes, informing the next National Land Policy, supporting efforts towardcomprehensive registration of title to land throughout the country, in oversight-ing land use planning and natural resource management, and in undertaking col-laborative research on land matters. Over the past six years, the Commission has grownwithrespecttostaffnumbers,annualbudgetlevels,facilitiesandembracingtechnology.Thesehavehadtheneteffectofenhancingservicedeliverytoallourstakeholders and clients. The Commission has 9 directorates and 3 departments withhumanresourcecapacityof466.TheCommissiontoo,hasofficesinallthe47counties;eachcountyofficeheadedbyacountycoordinator.

I am appreciative of the excellent and determined efforts of the secretariat staffunder the guidance of the Chairman and Commissioners that has seen the Com-mission make the momentous achievements, some of which we have documented in this inaugural exit report. As we face the future, we are full of optimism and are enthused that the milestones we have achieved will be the pedestal upon which evengreaterachievementsbeckon,withthebenefitsofmanylessonslearntduringthe past six years.

The Chairman and the Commissioners have worked tirelessly to realize the Com-mission’smandate,protectingthe interestsoftheCommissionandthoseofstaffat every opportunity. As the Chairman and Commissioners exit in February 2019, they are leaving behind a strong management team that will safeguard the positive ideals inculcated by the Commission. This well-resourced team will certainly carry on the positive legacy of the founding Commissioners.

First Commissioners End Term Report 2013–201910 National Land Commission Exit Report 2013–2018

On behalf of the Commission, I wish to acknowledge the dependable support we have received from fellow Constitutional Commissions and Independent Offic-es, from National and County Governments, development partners, civil society, professional bodies, universities and institutions of higher learning and research, amongothers.ThissupportandconfidenceextendedtotheCommissionhasbeenkey to realizing the Commission’s achievements and the land reform agenda.

I want to wish the Chairman and the Commissioners the very best and God’s bless-ings in all their future endeavors. Your contributions in building the National Land Commission and by extension the nation, will always be borne in mind with fond-ness.

KABALE TACHE ARERO

Ag. Secretary/CEO


ABBREVIATIONS AND ACRONYMS

ACT! Act Change Transform

AG Attorney General

ADR Alternative Dispute Resolution

AJS Alternative Justice System

AICAD Africa Institute for Capacity Development

ASK Agricultural Society of Kenya

CBOs Community Based Organizations

CAJ Commission on Administrative Justice

CECM County Executive Committee Member

CLMB County Land Management Board

CLIMS County Land Information Management System

CoK Constitution of Kenya

CoG Council of Governors

CRM Citizen Relationship Management System

CS Cabinet Secretary

CSOs Civil Society Organizations

e-DMS Electronic Document Management System

FAO Food and Agricultural Organization of the United Nation

FES Friedrich Ebert Stiftung

FCFP Forest Carbon Facility Partnership

GIMS Geographical Information Management System

GIS Geographic Information System

GROOTS Grassroots Organizations Operating Together in Sisterhood

HLI Historical Land Injustice

IAC International Anti-Corruption Day

ICT Information Communication Technology

IDPs Internally Displaced Persons

IEC Information Education and Communication

IGRTC Intergovernmental Relations Technical Committee

ILRI International Livestock Research Institute

IPSAS International Public Sector accounting Standards

KDF Kenya Defense Force

KEMRI Kenya Medical Research Institute


KeNHA Kenya National Highways Authority

KNDR Kenya’s National Dialogue and Reconciliation

KeRRA Kenya Rural Roads Authority

KEPSHA Kenya Primary Schools Heads Association

KETRACO Kenya Electricity Transmission Company

KURA Kenya Urban Roads Authority

KNDR Kenya’s National Dialogue and Reconciliation

KRB Kenya Roads Board

MoLPP Ministry of Lands and Physical Planning

MTP Medium Term Plan

MPIDO MainyoitoPastoralistsIntegratedDevelopmentOrganization

NCIC National Cohesion and integration Commission

NGEC National Gender and Equality Commission

NIB National Irrigation Board

NIA National Integrity Alliance

NLIMS National Land Information System

NLP National Land Policy

NR Natural Resources

PAPs ProjectAffectedPersons

PLIS Public Land Information System

PLWD People Living with Disability

RTA Registration of Titles Act

SGR Standard Gauge Railway

SDGs Sustainable Development Goals

UN United Nations

WRA Water Resources Authority

WWF World Wide Fund for nature

ZLC Zimbabwe Land Commission


EXECUTIVE SUMMARY

It is now 6 years since the establishment of the National Land Commission.Over thisperiod,theCommissionhasmade tremendousstridesinimplementingkey land governance mandates bestowed on it by the Constitution, the NationalLandPolicyandthe variouslandstatutes.However,thissuccesshas notbeenwith-outchallengesasenumerated elsewhereinthisExitreport.

OperationalizationoftheCommissiontookconcertedeffortsandCourtinterventionfor the current team of Chairman and Commissioners to be gazzetted in February 2013, which was 6 (six) months after vetting by Parliament. To achieve its broad mandate,the Commissionhasputinplacea robust,highlyskilled,knowledgeableandexperienced secretariatthathasprovidedthemuch-needed supportinman-agingpubliclandonbehalf oftheNationalandCountyGovernments.Inthisregard,our services have been cascaded to the Counties through county coordination of-fices.Thedelegationofthese importantfunctionshavegonealongway intakingservicesclosertothepeopleas wellasstrengtheningcommunityandlocal levelparticipation in land management.

This report has been organized into four chapters. Chapter one delves into the mandate and operations of the Commission including the various directorates and management committees towards supporting internal governance. Chapter two gives the historical context of the Commission while providing information relat-ing to the land question and evaluation of land laws in Kenya; various initiatives by the government to address the land question as well as the initial challenges that the Commission faced. The third chapter focus on the critical achievements and milestones of the Commission which have been thematically provided in terms of public land management and administration of Land Rights, Public Land Informa-tion Management System, conflict resolution, sustainable natural resource man-agement and land use planning, advisories to various land actors, research on land and natural resources as well as management of public land at the counties. The last chapter (four) highlights the challenges, provides recommendations and charts the way forward especially for the incoming Commissioners.

In December 2013, the Commission established the Secretariat which embarked onthedevelopmentofthefirst5yearStrategicPlaninlinewithKenyaVision2030,which recognizes land as a key resource necessary for the attainment of Kenya’s


EXECUTIVE SUMMARY

developmental agenda. In support of land management and administration of land rights, the Commission has issued and verified several letters of allotments andresolved multiple claims while securing land rights, especially of marginalized groups and communities. Through the School-titling program, over 10,000 schools in Kenya have their titles to land in a bid to strengthen tenure security for public land. The programme brings together stakeholders from the Lands and Education sector in order to accelerate the protection of public school land.

For a long time, Kenyans have yearned for a solution to the myriad of historicalland injusticesthathavebeenwiththemfromtime immemorial.TheCommissionreceived 180 claims of historical land injustices and admitted them. During this pe-riod, theCommissionincollaboration withkey stakeholdersdraftedseveralbillstoaddress investigationsandadjudicationofhistorical landinjustices.Wehavealsoconductedsuccessfulreviewof grantsanddispositionsofpubliclandthat culmi-nated in restoration of land for public use. The Commission has since 2013 actively reviewed the legality of over 5000 grants on public land in various parts of the Country and recommended the revocation of those unlawfully acquired.

In addition, the Commission Compulsorily acquired land for various public usage since 2013 for more than 77 projects at a combined cost of about Ksh 38.273 Bil-lion. We also developed Public Land Information System to ease land transactions in land administration and valuation. In the natural resources management port-folio, the Commission developed draft guidelines for natural resources exploita-tion and development, meant to bring harmony and tackle perpetual natural re-source-basedconflicts.TheCommissionhasalsodevelopedthefirsteverNaturalResource Atlas that aims to consolidate information and data relating to the entire natural capital, their status and threats and provide the requisite remedies to tackle the challenges while acting as a Decision Support Tool for informed planning, de-cision-making, and achievement of sustainable development. Some of the ecolog-ically sensitive public lands such as sand dunes, wetlands and riparian areas have been demarcated, mapped and secured to enhance sustenance of the ecosystem benefitstheyprovidetothepublic.

We have published several tools to aid monitoring and oversight over land use planning. These are County Spatial Planning-Monitoring and Oversight Guidelines; Urban Land Use Planning-Monitoring and Oversight guidelines and Leaders’ Guide to County Spatial Planning. These tools are meant to provide guidance to planning


EXECUTIVE SUMMARY

practitioners and policy makers on land use planning at national and county levels. The Commission in collaboration with key stakeholders conducted research onvarious thematicareaswithaviewofstrengtheningandguidingtheCommission’swork on land and natural resources management.

The composition of the pioneer Chairman and Commissioners was rich with professionals cutting across land sector ranging from a lawyer, land economists/valuers, physical planners, surveyors, natural resource expert and a human ecologist. The rich pool of expertise made the chairman and Commissioners make decisions and address land matters holistically. It is recommended to have similar pool of professionals among the incoming Commissioners.

The current 5 year Strategic Plan lapsed in December 2018 and hence the incoming Commissioners should consider reviewing the SP and formulation of a new one to guide the Commissions operations. Additionally, the Commission should enhance participatory and inclusive research; land data and knowledge management, partnership building, and advocacy in order to attain equitable land rights. There should also be more emphasis and re-focus on the use of Alternative Dispute Resolution (ADR) mechanisms in solving land concerns on equity-based approaches, reducing costs and improving the sustainability of land and natural resources. Since the term for review grants and disposition in accordance with Section 14 of the NLC Act expired in may 2017, it is recommended that a framework be developed for continuous review of grants relating to public Land.

The Commission should further deal with emerging and cross cutting issues such as inadequate funding; demographic shifts and urbanization, climate change; natural resources and the extractive industries and continue to improve the land rights and secure land tenure especially for marginalized groups and communities.


INSTITUTIONAL GOVERNANCE

Prof. Muhammad A Swazuri, Chairman

Therefore, Land, is not merely soil; it is a fountain full of energy and life, flowing through soils, plants, animals and for our conservation as human beings.

I. MEMBERS OF THE COMMISSION

During the period 2013- 2019, members of the Commission comprised of the Chair-man of the Commission, Prof. Muhammad Swazuri and eight (08) Commissioners in number. The Commissioners are responsible for policymaking and operate through twelve(12)Committees,eachwithaspecificmandateaspertherelatedtermsofreference.

Chairman and Commissioners’ profile

Professor. Muhammad Swazuri – As Chairman of the National Land Commission he boasts of the ‘Or-der of the Grand Warrior of Kenya’ Commendation (O.G.W) by the President in 2004. He holds Doctor of Philosophy in Land Economics, a Master of Arts in Housing Administration and a Bachelor of Arts in Land Economics with Upper 2nd Class Honors all from the University of Nairobi. Previously Prof. Swa-zuri served as a Commissioner of the Constitution of Kenya Review Commission (CKRC). Prof. Swazuri has lectured at a number of Universities in Kenya and abroad, where he has supervised PhD stu-dents amongst other academic milestones. He is an associate member of the Institution of Surveyors of Kenya. He has served in many Boards and he is cur-rently the Chairman of Kwale Water and Sewerage Company, Shimo la Tewa school and a member of National governing Committee of the Kenya Red Cross. Prof. Swazuri is a scholar who has researched and presented papers, written and reviewed books, published articles and many others are still lined up for publishing and other scholarly projects in progress. Prior to ascending to the NLC’s Chairman-ship, Prof. Swazuri was the Acting Deputy Vice-Chan-cellor of the Technical University of Mombasa.


Abigael Mbagaya – Mukolwe Vice-Chair

Abigael Mbagaya – Mukolwe – The Vice

Chairperson holds a Master of Urban Management(MUM) and a Bachelor of Arts in Land Economics (Hons) from the University of Nairobi. She is a Full Member of the Institution of Surveyors of Kenya (MISK), Valuation and Estate Management Surveyors Chapter and is a Registered Valuer. She is an alumnus of the International Visitor Leadership Programme (IVLP) Governance Programme. Before joining the Commission, she worked as a Corruption Prevention Specialist at the Ethics and Anti-Corruption Commission,focusingontheLandandPublic Servicesector.

She has wide experience in governance, anti-corruption and fraud prevention. She has written papers, reports and researched extensively in corruption prevention strategies. She has consulted for other countries and international bodies including United Nations on issues of good governance. She has over 30 years of work experience in both public andprivatesectors.Abigaelisacertifiedprofessionalmediator by the Mediation Professional Institute and is a court-accredited mediator.

Abigael has also served as a member of the board of the Export Processing Zones Authority from 2013 to date, representing the chairperson National Land Commission. She was awarded Town and Planning Excellence Award 2018 for her contribution to land management and as a pioneer Commissioner of the National Land Commission by the Town and Planning Association of Kenya.


Dr. Rose Musyoka Commissioner

Emma Muthoni NjoguCommissioner

Emma Muthoni Njogu - An Advocate of the High Court of Kenya. She holds a Masters of Laws (LLM) in Commercial and Corporate Law from University of London,QueenMaryandWestfieldCollegeaswellas a Bachelor of Laws (LLB) degree and a Postgrad-uate Diploma in International Relations, both from the University of Nairobi. She served as a Joint Sec-retary to the Presidential Commission of Inquiry into the Land Law System of Kenya (Njonjo Commission), whose recommendations informed the National Land Policy and the provisions on land in the Con-stitution and in the new land laws. While under the OfficeoftheAttorneyGeneral,CommissionerEmmaNjogu in her capacity as Head of Copyright Section served as a Joint Secretary to Kenya’s Task Force ap-pointed to develop policies and laws to protect Ken-ya’s traditional knowledge, genetic resources and traditional cultural expressions. She served as Dep-uty Chief State Counsel in the Department of Treaties and Agreements where she handled diverse legal and policy issues.

Dr. Rose Musyoka is a scholar and a Commissioner at the National Land Commission, Kenya. She holds PhD. in Public Policy specializing in land policy from the University of Birmingham, UK. She has Master of Arts (Philosophy), Master of Arts in Urban and Re-gional Planning, Bachelor of Arts (Hons) from the Uni-versity of Nairobi and Postgraduate Diploma in Land management and Informal Settlement Regularisa-tion from the Institute for Housing & Urban Develop-ment Studies, Erasmus University in Rotterdam, the Netherlands. She is a registered planner, lead expert in Environmental Impact Assessment and Audit and acertifiedprofessionalmediator.Dr.RoseMusyokaisa member of Kenya Institute of Planners (KIP), Archi-tectural Association of Kenya (Town Planning Chap-ter), Town and County Planning Association of Kenya (TCPAK) and the International Society of City and Re-gional Planners (ISOCARP).


Abdulkadir Adan Khalif

Dr. Rose Musyoka was a lecturer in the Department of Urban & Regional Planning at The University of Nairobi before joining the Commission. In addition, she worked as an Urban and Regional planner with the Government of Kenya for over 18 years before moving to the University of Nairobi in 2008. She has researched and authored several publications on land governance and access to land by the poor. Dr. Rose Musyoka has represented Kenya and presented papers in various professional congresses and con-ferences on planning both locally and international-ly. While at the Commission, Dr. Rose Musyoka was twice recognized for her contribution to planning and land reform. In 2014 and 2018, she was given Town Awards for excellence by the Town and County Plan-ners Association of Kenya.

Abdulkadir Adan Khalif was born and brought up in Mandera County. He studied at Elwak Primary School, Garissa Primary School, Wajir Secondary School, Mombasa Polytechnic and the University of Nairobi where he graduated in Surveying and Photogramme-try. He worked for the Ministry of Lands as a Surveyor and later joined the private sector. Abdulkadir worked in the USA as Crew Chief- URS Corporation and Head of Survey section at the City of Burnsville, the Manag-ing Director –Spatial Research and Resource Surveys Ltd (SRRS) and studied Geomatics Engineering at St. Cloud State University. He returned to Kenya in 2009 and started a private practice as a Licensed Land Surveyor and was Director Agriculture, food, Fisher-ies Authorities (AFFA), Kenya.


Commissioner Dr. Tomiik Konyimbi Mboya

Dr. Clement I. Lenachuru

Dr. Clement Isaiah Lenachuru holdsaPhDinRange-land Ecosystem from Colorado State University, USA. MSc. and Bachelors in Natural Resources Manage-ment- Egerton University and a Diploma in Range Management from Egerton University. Dr. Lenachuru first worked as Senior Technician, and rose throughthe ranks to become a teaching assistant, assistant lecturer and a lecturer in the Department of Natural Resources, Faculty of Environment and Resources Development- Egerton University. He enjoys a wealth of experience from Non-Governmental Organizations where he was instrumental in the establishment and development of a nation policy advocacy institution called Pastoralists Development Network of Kenya (PDNK) where he was its founding Coordinator from 2005-2009.

Dr. Tomiik Konyimbih Mboya holds a PhD from the University of Cambridge (UK) where he studied Land Policy and Land Tenure Reform (1987-1990). He ob-tained a 1st class Honours Degree in Land Economics at the University of Nairobi thirty - three years ago. A registered and licensed valuer in Kenya for over thirty years, he has previously worked as a property manager and land valuer both in Nairobi and Central Province, Kenya, and abroad. He has published wide-ly in the areas of Land Valuation, Land Taxation, Land Economics, Land Tenure Reform, Land Administra-tion, Land Management, Land Policy, Property Mar-keting and Estate Management and has been teach-ing these same subjects at the University of Nairobi from December, 1990 where he has supervised sev-eral Masters Degrees and PhDs. He has served in var-ious parastatal boards. Dr. Konyimbih has researched major consultancies for the Governments of Kenya and Namibia for UN~FAO and MDP~World Bank and was one of the lead consultants in the writing of the “Njonjo” Land Commission Report and the current National Land Policy. He is a member of the Kenya


CommissiorerDr. Samuel K. Tororei

Dr. Samuel Tororei holds a Doctor of Philosophy in Environmental studies (human ecology) Moi Univer-sity, Kenya; Master of Science in Health Planning and Financing London School of Economics, UK; Bach-elor of Education, University of Nairobi, Kenya and a number of certificates in professional training invarious fields. He served as a Commissioner of theNational Land Commission (NLC) from 2013 to 2019; a Commissioner at Kenya National Commission on Human Rights from 2007 to 2012 where he became the Vice Chairperson and at the same time an acting Chairperson from 2011 to 2012. While serving at NLC, Dr. Tororei led a taskforce for historical land injustic-es and chaired a committee investigating historical land injustices resulting from the Taskforce report. In the 1980s, he was a director of the Kenya socie-ty for the blind and in the 1990s engaged in various activities including consultancy in disability, NGO management and health policy before joining Moi University as a lecturer in 1995 where he teaches at the School of public Health to date. Kenyatta Univer-sity in 2011recognized him for his service to persons with disabilities; while Town & Planning Association of Kenya with the Town & County Excellence Award 2018 recognized his contribution as a Commissioner of the National Land Commission.

Cambridge Commonwealth Society (UK), African Centre for Technology Studies (K); Lincoln Institute of Land Policy (U.S.A); the Institution of Surveyors of Kenya (K) and has represented Kenya in various pro-fessional forums in Britain, Pakistan, Sri Lanka, Zim-babwe and the U.S.A.


Commissioner Silas Kinoti Muriithi, boasts the Presidential Distinguished Service Medal (DSM) Award earned in 1999 (H.E President Daniel arap Moi’s 20th Anniversary Medal) among other Awards. Commissioner Kinoti is a planner and licensed surveyor by profession. He holds a Master of Arts in Urban and Regional Planning, a Bachelor of Science (Hons) in Surveying and Photogrammetry, both from the University of Nairobi;andaPostGraduateCertificateinSurveyingandMapping from the Geographical Survey Institute (GSI) in Tsukuba, Japan. Commissioner Kinoti is a registered andlicensedsurveyorinKenya(LS-K);aCertifiedLandSurveyor in East Africa (CLS - EA), and a Physical Planner. He has extensive hands-on experience spanning over 30 years, on all types of surveying and mapping by use of total stations, GPS, remote sensing (aerial photography/satellite imagery) as well as GIS operations and Land Use Planning earned both in Kenya and in the East African region. Prior to joining the Commission in 2013, Commissioner Kinoti served as a Director Boundaries, in the Interim Independent Boundaries Review Commission (IIBRC) in 2010; where he was credited for playing the key role in developing the formula/methodology for the distribution of the 290 constituencies in Kenya. From 2003 – 2009, Commissioner Kinoti served as a Director in the Board of Kenya Roads Board (KRB), where he was instrumental in the restructuring of the roads sector culminating in the Kenya Roads Act, 2007 legislation and the current three road authorities; Kenya National Highways Authority (KeNHA), Kenya Rural Roads Authority (KeRRA) and the Kenya Urban Roads Authority (KURA). Commissioner Kinoti is also credited with the preparation of the first digital land use planning basemaps for the municipalities of Kibuye, Cyangugu and Kigali Industrial Park all in the Republic of Rwanda in 2003/2004 and 2008 respectively.

Commissioner Kinoti is a full member of the Institution of Surveyors of Kenya (MISK), where he served as chairperson in 2006/2007; a member of the Association of the Licensed Surveyors of Kenya (ALSK) and a member of the Kenya Institute of Planners (KIP).

Silas Kinoti Muriithi


II. SECRETARIAT – MANAGEMENT STAFF

For the Commission to perform its mandate, it is structured into eleven (9) director-ates and three (3) departments. The director heads the directorates while head of department lead the departments.

The Secretary/ CEO of the National Land Commission is Mr. Chavangi Aziz Tom. However, due to some challenges, Prof David Kuria was appointed Acting Secre-tary/CEO of the Commission in August 2018 to December 2018. Ms. Kabale Tache Arero is the current Acting Secretary/CEO of the Commission since December 2018.

Operations of the Commission

National Land Commission (NLC) derives its mandate from the Constitution of Ken-ya 2010, National Land Policy of 2009, National Land Commission Act, 2012, the Land Act 2012, the Land Registration Act of 2012 and the Land (Amendment) Act of 2016 and other enabling statues. Decisions of the Commission were those arrived at by the Commission sitting in quorum as provided for in law.

Staff of the Commission

The Commission has a staff compliment of 466 members of staff against an ap-proved establishment of 1,142 staff and hence a shortfall of 676 staff (Appendix1).Thestaffsupport9Directorates,3Departmentsand47CountyOffices.Atincep-tion,theCommissionrecruiteditsstaffona5-yearcontractbasisbutthiswascon-verted into Permanent and Pensionable (P&P) for the eligible ones.

First Commissioners End Term Report 2013–2019


Figure 1.0 MapofKenya

CHAPTER 1MANDATE AND OPERATIONALIZATION OF THE COMMISSION

1.0 RATIONALE FOR LAND OVERSIGHT IN KENYA

The Commission is an Independent Constitutional Commission established un-der article 67 and 248 of the Constitution of Kenya. It was formed to actualize the intent of the National Land Policy 2009 to spearhead the land reform agenda in Kenya. The Commission is a Constitutional and Independent Commission estab-lished under article 67 and 248 of the Constitution of Kenya. It is operationalized throughActsofParliamentthatgiveeffecttothesearticlesnamely:theNationalLand Commission Act, 2012; the Land Act, 2012, the Land Registration Act, 2012 and the Land (Amendment) Act of 2016 - These Acts enable the Commission to carry out its mandate as outlined both in the Constitution and in the aforementioned pieces of legislations.


1.1 MANDATE

National Land Commission (NLC) derives its mandate from the Constitution of Ken-ya 2010, National Land Policy of 2009, National Land Commission Act, 2012, the Land Act 2012, the Land Registration Act of 2012 and the Land (Amendment) Act of 2016 and other enabling statues.

(1) Pursuant to Article 67(2) of the Constitution of Kenya 2010, the functions of

the Commission are to:

Manage public land on behalf of the National and County Governments;

Recommend a National Land Policy to the National Government;

Advise the National Government on a comprehensive programme for the registration of title in land throughout Kenya;

Conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities;

Initiate investigations, on its own initiative or on a complaint, into present orhistoricallandinjustices,andrecommend appropriateredress;

Encourage the application of Traditional Dispute Resolution(TDR) mech-anismsinlandconflicts;

Assess tax on land and premiums on immovable property in any area designated by law;

Monitor and have oversight responsibilities over land use planning throughout the country;

To perform any other functions prescribed by national legislation.

(2) Under the National Land Commission Act, 2012, the Commission shall:

On behalf of, and with the consent of the National and County Govern-ments, alienate public land;

Ensure that public land and land under the management of designated state agencies are sustainably managed for their intended purpose and for future generations;

Developandmaintainaneffectivelandinformationsystemfortheman-agement of public land;

WithinfiveyearsofthecommencementoftheNLCAct(2012),theCom-mission, on its own motion or upon a complaint by the National or Coun-ty Government, a community or an individual review grants or disposi-tions of public land to establish their propriety or legality.

The Commission has other functions given to it by the Land Act 2012, Land Registration Act 2012 and other laws of Kenya.


(3) Powers of the Commission

In line with the NLC’s Act, 2012, the Commission is obligated to exercise all the powers necessary for the execution of its functions under the Constitution and any other written law. This translates into exercising its powers in a variety ofwaysascategorizedherebelow:

The Commission shall have powers to;

i. Gather by such means as it considers appropriate any relevant in-formation 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;

ii. Hold inquiries for the purpose of performing its functions under the NLC Act;

iii. Take any measures it considers necessary to ensure compliance with the principles of the land policy set out in Article 60 (1) of the Constitution.

Pursuant to Article 252 under General Functions and Powers of Consti-tutionalCommissionsandIndependentOffices,theCommissionhas;

i. Powers necessary for conciliation, mediation and negotiation.

ii. Powerstorecruitstaff.

iii. Powers to issue summons to a witness to assist for the purpose of its investigations.

In the exercise of its powers and discharge of its functions, the Commis-sion;

i. May inform itself in such manner, as it may consider necessary;

ii. May receive written or oral statements; and

iii. Is not bound by the strict rules of evidence.

In carrying out its functions and exercising the above powers, the Commission has worked in consultation and co-operation with the National and County Gov-ernments subject to Article 10 Article 232 under National Values and Principles of Governance and Values and Principles of Public Service respectively of the Con-stitution.Article6(3)emphasizesthattheCommissionshallestablishofficesinthecountiesandmayestablishotherofficesinthesub-countiesasitmayconsidernecessary. Pursuant to this requirement and in accordance with implementing de-centralization and access to services as noted above, the Commission has ensured access to its services in all counties.


1.4 MISSION

To Facilitate Sustainable Land Use in Kenya throughHolisticLandPolicy,EfficientLandManagement Practices, Equitable Access to Land, Comprehensive Land Registration and Applying Appropriate Land Dispute Handling Mechanisms

1.2 CORE VALUES

Efficiency Teamwork Transparency&Accountability Innovativeness ZeroTolerancetoCorruption Integrity Professionalism

NATIONAL LAND COMMISSION

1.3 VISION

‘Excellent Administration and Management of Land for Sustainable Development.’

1.5 MOTTO

“Our Land, Our Wealth,

Our Heritage”

“Ardhi Yetu, Mali Yetu, Urithi Wetu”

In an endeavor to entrench a positive culture in the Commission the following core valueshavebeenadopted:


1.6 OPERATIONALIZATION OF THE COMMISSION

OperationalizationoftheCommissiontookconcertedeffortsandfinallytheinter-vention of the court for the Chairman and Commissioners to be gazzetted on 20th February 2013, which was 6 (six) months after vetting by Parliament. The National Land Commission commenced its activities immediately upon swearing in of the Chairman and Commissioners on 27th February 2013 (Figure 1). Since it was not clear wheretheCommissionwouldhaveoffices,theChairmanandCommissionersheldtheirfirstmeetingatahotel–theMethodistGuesthouse(nowMethodistResort& Conference Centre) and elected Commissioner Abigail Mbagaya as Vice Chair, on the same day of the swearing in. Thereafter, the Ministry of Lands and Physical Planning accommodated the Commission at Ardhi House, 12th floor boardroomforovertwomonthssincetherewerenoofficessetasideforCommissioners.TheMinistryfurther,partlydeployedafewstafftoassisttheCommissionatitsnascentstagetocommenceitsstart-up.ThesestaffincludedafewOfficeAssistants,andlater, a Secretary for the Chairman.

Figure 1:1 SwearinginCeremonyon27February2013.

Having no time to gel/or congeal effectively, the Commissioners organized theirown induction, conceptualization/creation of the logo and motto, and letter heads for purposes of identity; conceptualization/preparation of the Commission organi-zationalstructure;preparationofJobdescriptions(JDs),qualificationsoftheSecre-tary/CEO & Directors. All the above activities were done in the 12thfloorboardroom.


Apparently, the design of the Logo and Motto came out very well, and it is still an impressive feature of the Commission to date! The Motto being, “Our Land, Our Wealth, Our Heritage’ (“Ardhi Yetu, Mali Yetu, Urithi Wetu”). The Commission came into being at a time Kenyans had huge public expectation, in matters land and therefore the Commissioners had to put the governing structures into place quickly to start operating, even before thinking of preparing a Strategic Plan. The Commis-sioners had to handle both policy and management functions.

Four (4) months since the Commission started operations to end of Financial Year (FY), the Commission had an extremely low budgetary allocation and the Commis-sion had only a small line budget in the Ministry. Accessing the funds was a chal-lenge with no time to put structures to procure. However, the Commission man-aged to buy vehicles for Commissioners since purchase of vehicles could be done through supplies branch contract.

Between March and September 2013, the Commission held a number of retreats and brainstorming sessions to unpack the Commission’s mandate as articulated in the Constitution and various land legislations. What necessitated the retreats was the fact that there was an underpinning philosophy behind the establishment of the National Land Commission. The philosophy, which must guide policy direction and decision-making at the Commission. In this regard, very fruitful consultations happened with professional groups in the land sector, the Civil Society and the Law Society of Kenya.

In June 2013 in Mombasa, a retreat to sensitize all Governors on the legal and pol-icy framework governing the land sector took place, followed by a similar session for all Chief Executive Committee Members (CECMs) in charge of land in all the 47 counties. Other engagements with the Departmental Committees in charge of land at the Senate and National Assembly also took place.

ThefirststaffmembertoberecruitedwastheCommissionSecretary/ChiefExecu-tiveOfficer,Mr.TomAzizChavangiwhowasemployedinMay2013.TheCEOassist-edtheCommissionersinrecruitmentofotherstaff,mainlytheDirectors(numbering10) and Heads of Departments (numbering 3); and subsequently Deputy Directors andotherstaffinlateyears2013,2014and2015.Thesestaffbolsteredthemanage-ment of the Commission. They were tasked with the roles and duties as guided by the functions and roles of the Commission in the National Land Commission Act 2012 which were delegated to relevant Directorates as described elsewhere in this report.

Withincreasedstaffanddiminishingofficespace,therewasnearofficecrisisintheCommission.Luckily,mostofthesecondedstafffromtheMinistryofLandscontin-uedoccupyingtheirformerofficesintheMinistry.Laterin2015,somemembersofstaffmovedtothecurrentACKGardenAnnex,whichhousessomeofthetechnical


departments like Communication and Advocacy; Enforcement; Land Use Planning; Human Resource Management; Natural Resources; Audit; ICT; and Research.

The Commission decentralized its services to all the 47 counties in 2014 by establishing the County Land Management Board (CLMB) in all the 47 counties. The Secretary worked with CLMB members to resolve land disputes at the county level. Subsequently,theCommissiondevelopedguidelines,whichdefinedtherolesoftheCLMB’S in which land management functions are undertaken at the county levels. However, the Land Laws (amendment) Act 2016, by repealed section 18 of the NLC Act (2012)thus dissolving the CLMBs in the year 2016, therefore the secretaries to the CLMB were converted to County Coordinators. Every Commissioner is assigned work in counties where they convene regular meeting (Appendix 2).

Stakeholder engagement is critical to successful delivery of development services to the members of the public. During this period, the Commission worked with key organizations such as Kenya Land Alliance, Food and Agricultural Organization of the United Nations (FAO), Act, Change and Transform (ACT!), Action AID, Reconcile, Hakii Jamii ,Pamoja Trust, Kituo Cha Sheria, Muhuri, Haki Yetu, Ujamaa, and World Vision among others.

The focus of the collaborations was civic education and advocacy to the public on laws governing land sector. The Commission is committed to working closely with these stakeholders in the implementation of global and national principles in the managementoflandinKenya,withaviewtoensuringthat:

I. All Kenyans enjoy equitable access to land.

II. Sustainable and Productive Management of land resources.

III. Transparentandcosteffectiveadministrationofland.

IV. Sound conservation and protection of ecologically sensitive land such as the riparian land.

V. Elimination of Gender discrimination in laws and customs and practices related to land and property in land.

VI. Communities are encouraged to settle land disputes amicably through traditional initiatives in reference to the constitution.


1.7 DIRECTORATES ROLES AND RESPONSIBILITIES

1. Human Resource Management Directorate

The Directorate is responsible for development and implementation of ap-propriate Human Resource (HR) strategies that ensure that the Commission attracts and retains a professional team of motivated employees. It also issues administrative guidelines for interpretation and implementation of labour laws and other human resource related statutes. Further, the Directorate manag-esrecruitmentprocessesandanalysisofthetrainingneedsofstaffamongstother responsibilities.

2. Finance and Administration Directorate

ThisDirectorateisresponsibleforthemanagementoffinancesandadminis-trative functions including advising the Commission, the Chief Executive Of-ficerandManagementonstrategicfinancialperformance.Itisalsoresponsi-ble for budgeting, planning for optimum utilization of resources, assessment ofbusinessrisks,andcreationoffinancialawarenessonresourceallocation,costreductionandfinancialdiscipline.

3. Legal Affairs & Enforcement Directorate

This Directorate is responsible for ensuring the provision of appropriate legal advice, on a diverse range of substantive and procedural questions of law arising in administrative functioning of the Commission. This includes advice indisputeresolutioninordertofirmlysecuretheinterestoftheCommissionasrequiredfromtimetotime.Itundertakesanumberofdifferentlegalmat-terswhichrangefrombutnotlimitedto;renderingeffectivelegalassistancein the preparation of legal opinions & studies, reports and correspondence as required from time to time by various stakeholders. It is also responsible for prosecution of cases and litigation management and it represents and de-fends the Commission’s interests in courts and other tribunals.

4. Valuation and taxation Directorate

Article 67 (2) (g) of the constitution of Kenya 2010 mandates the Commission to assess tax on land and premiums on immovable property in any area des-ignated by law. Therefore, the Directorate’s task is to undertake valuations for taxation of land and premiums on immovable property, undertakes com-pulsory acquisition of land for Government and State Agencies, assess annual groundrents,computesstandpremiums,andoffersvaluationadvisoryser-vices.


5. Land Administration Directorate

The Directorate is responsible for advising the Commission on all matters re-lated to land administration and co-ordination of technical and administrative land issues relating to Land Management.

6. Land Use Planning Directorate

The Directorate undertakes Monitoring and oversight over land use planning as provided for in Article 67(2) (h) of the Constitution of Kenya, 2010 and sec-tion 5 (1)(h) of the National Land Commission Act 2012. It also liaises with Na-tional Government in the preparation of the National Land Use Policy (NLUP), general principles and guidelines on land use planning as well as County Governmentsinpreparationofcountyspecificpoliciesandstandards.

7. Natural Resource Management Directorate

This directorate undertakes baseline study on natural resources in the formal and traditional tenure systems and the legitimate Land right holders. Further, itidentifiesandmapskeyresources,conflicthotspots,andopportunitiestomitigatenaturalresourceconflicts.Itisalsoinvolvedintheidentificationandanalysis of policy, institutional, technological and socio-economic barriers to sustainable Land management in Kenya. The Directorate works closely with partners to conduct economic valuation of key natural resources and applies results to improved natural resource management strategies. It ensures that Land use planning and administration are consistent with existing obligations under national, regional and International Laws, treaties and protocols, includ-ing Multilateral Environmental Agreements.

8. Research Directorate

The Directorate is responsible for conducting research related to land and the use of natural resources, and making recommendations to appropriate au-thorities.ResearchonLandfocusesonmajorissuesdefiningthelandques-tion in Kenya identified by several Commissions, research studies, NationalLand Policy 2009 among others.

9. Geo Information Management Directorate

The Directorate is responsible for developing and maintaining geographic, spatial, legal and environmental databases that are relevant to public land throughoutthecountry.Itdevelopsandmaintainseffectivelandinformation


system for the management of public land. In view of this, the Directorate provides public access module in the land information system that allows general enquiries by the public. It also advises the National Government on a comprehensive program for the registration of title in land throughout Kenya.

10. Communication, Corporate Affairs and Advocacy Directorate

Responsible for Managing internal and external Communication as well ascorporate branding of the Commission, coordination and administration of partnerships and linkages. It is in charge of conducting Civic education and Advocacy functions on land matters and facilitates Communication programs toenhancetheprofile,Image,brandingandPerceptionsofNLCbythepublicand other Stakeholders.

11. Audit and Risk Management Department

The department is responsible for undertaking an independent and objective assurance and consulting activity within the Commission with a view to add-ingvalueandimprovingtheeffectivenessoftheinternalcontrols,riskman-agement and governance processes.

12. Supply Chain Management Department

The Department undertakes procurement planning, processing, contract management, asset and inventory management and disposal of assets. The Supply Chain function is guided by, Public Procurement and Asset Dispos-al Act, 2015, Regulations 2006, Legal Notices, Supplies Practitioners manual 2007, Various Executive Orders among other laid down policies and proce-dures.

13. ICT Department

The Department is responsible for all matters pertaining to ICT such as co-ordinating, supervising, quality control, training, user support, development and management of the NLC website, automation of business processes, and provision of technical advice on ICT related issues. It also ensures that all the ICT equipment are in good working condition, spearheads actualization of innovations that need automation, design and develop systems, implemen-tation of security measures and management of the Commission’s network infrastructure.


1.8 FIDUCIARY OVERSIGHT ARRANGEMENTS

The Commission has (12) standing that were set up with clear terms of reference to facilitateefficient,effective,andtransparentlandreformaspertherequirementofthe Constitution. The committees are as listed below;

1. Finance and Administration Committee

The functions of this Committee include guiding on policy, processes and proceduresonfinancialmanagementintheCommission;sourcingforfundsthrough the Government budgetary process; oversight over the management of funds of the Commission including procurement; and guidance on gener-al administration issues of the Commission including provision of conducive working environment and tools.

2. Human Resource Committee

The functions of this Committee include but not limited to; guiding on policy, processesandproceduresonstaffmanagement intheCommission. Italsooversights the management of human capital of the Commission through guidanceonhumanresourcemanagementpoliciesunder;staffrecruitment,staffdevelopmentandremuneration.Thereareotherhumanresourcerelat-ed management committees that feed into this Committee. These are; Per-formance Management Committee, StaffTraining Committee, StaffWelfareCommittee, Gender and Persons living with Disability Committee, HIV & AIDS , Alcohol & Drug Abuse Committee, Occupational Safety & Health Administra-tion Committee and House Mortgage and Car Loan Committee.

3. Review of Grants and Disposition Committee

The committee was formed pursuant to the provisions of the Constitution of Kenya, Article 6(c) (5) and National Land Commission Act 2012 section 14(1) under review of grants and dispositions. Through the sited provisions the Commission was required to carry out review all grants and dispositions of publiclandwithinfiveyearsofthecommencementoftheNLCAct.There-view of grants and dispositions were to be conducted on Commission’s mo-tion or upon a complaint by the National or County government, a community or an individual. All Commissioners are eligible members of this committee.


4. Historical Land Injustices Committee

The Commission established this Committee pursuant to Article 67 (3) of the Constitution of Kenya 2010 and Section 15 of the National Land Commission Act 2012, to receive, register, and investigate complaints arising out of Histor-ical Land injustices alleged to have been committed by individuals, groups, communities, persons in authority, government and other players between 15 June 1895 and 27 August 2010 and to recommend appropriate redress to various authorities.

5. Resource Mobilization Committee

This committee was established in 2016 to supplement budgetary allocation from Treasury. The mission of the Resource mobilization is to raise the neces-saryfundsforaneffectiveimplementationoftheactivitiesoftheCommission.

6. Land Administration Committee

This Committee deliberates on applications, namely extension/renewal of Leases, change /extension of user, subdivisions received by the Commission and approves or disapproves them, based on their merit. It is also responsible for processing Land Allocation and regularization applications and gives land administration policy guidelines.

7. Corporate Communication, Research and Natural Resources Committee

This Committee advises the Commission on issues related to research of land and natural resources for sustainable land management. It also advices on naturalresourceandlanduseconflictsamongstakeholdersandensuresus-tainable land. It review policies, guidelines, procedures and processes neces-sary for the Commission to achieve its mandate. It also ensures that there is adequate communication and civic education to the public on the Commis-sion’s mandate in land management.

8. National Land Information Management System (NLIMS)/Informa-tion and Communication Technology (ICT) Committee

The Committee supports the Commission in implementation of the Public Land Information System (PLIS) and other Commission specific systems,through channeling efforts of the Commission in its engagementwithvari-ous stakeholders, it monitors the progress of these systems projects along


their implementation pathways. The committee guides on policy direction; and resource mobilization for the projects. This Committee harnesses the information needs and streamlines the message that the Commission needs topasstostakeholdersandthepublic; identifieschallenges,obstaclesandlimitations that the projects may encounter.

9. Land Acquisition and Compensation Committee

The Constitutional mandate of this Committee is assessment of tax on land and premiums on immovable property in any area designated by law (Arti-cle 67(2) (g). The Committee sets policy direction and formulates rules, reg-ulations and guidelines in respect to assessment of ground rents and stand premiums, assessment of just compensation in compulsory acquisition of land for public use or public purpose under section 107-133 and acquisition of public rights of way and wayleave as provided in Sections 143-149 of the Land Act 2012.

10. Legal Affairs and Enforcement Committee

The Committee provides oversight and guidance on key legal matters af-fecting the Commission including legal interpretations on the position of the Commission about various cases at hand. The Committee is involved in the prioritization of the inherited court cases and any new cases arising out of land transactions. The Committee also guides on alternative dispute resolu-tion methods with the aim of reducing the number of court cases to a bare minimum. Where and when necessary, the Committee seeks clarity from the courtsandtheAttorneyGeneral’sofficeonanygreyareasinthewrittenlaw.The Committee also guides and reviews investigations related to land mat-ters touching on the Commission.

11. Land Use Planning Committee

The Committee provides policy direction to the Commission on matters land useplanning.ThisisineffectingtheCommission’sConstitutionalmandateofmonitoring and overseeing land use planning throughout the Country (Article 67(2) (h). It also liaises with state agencies responsible for planning and the County Governments to ensure adherence to the Constitution, relevant pol-icies, standards and guidelines in preparation, approval and implementation of land use plans.


12. Audit and Risk Management Committee

Themainresponsibilitiesofthiscommitteeincludereviewoffinancialinfor-mation, ensuring adherence to and/or compliance with various legislations, Government Circulars, professional standards and Commission policies, while maintaining oversight on internal control systems.

1.9 OTHER CROSS CUTTING ACTIVITIES

1. The National Land Commission ensures land matters are properly addressed and legislated; by having regular liaison with the Parliamentary Committee on land., Parliamentary Committee on Budget Appropriations, Public Accounts Committee and the National Treasury which have an oversight role on the Commission’s budgetary requirements, allocations and utilization.

2. Part VIII of the Land Act 2012 deals with Compulsory acquisition of land for public use. The Commission has played a leading and critical role in the formulation of the rules to the Land Act 2012 to enable a smoother and more transparent compulsory acquisition process, with regard to certainty of the process and determination of compensation payable for interests on land.

3. The Commission contributed to the formulation of the Community Land Act 2016, Land Value Index, Land Use Planning guidelines, Land Acts Regulations 2017, PLIMS standards and guidelines.


CHAPTER 2HISTORICAL CONTEXT OF THE NATIONAL LAND COMMISSION

2.1 THE LAND QUESTION IN KENYA

TheLandquestion isdefinedastheconcerns by the people towards land owner-ship, access to interest in land and sustainability of the land resource. The concerns include; shelter; exploitation of the land resource for livelihood (farming, quarrying, mining, pasture for livestock, tourism andwildlife, fishing, recreation, leisure etc.)andculturalheritage(shrinesforworship,culturalactivitieslikesacrifices,carryingout traditional dispute resolutions). The land question has bedeviled Kenyans for over a century, dating from the period of colonialism. Even successive independent governmentsofKenyahavetoiledwiththelandquestionforoverfiftyyears.Landis the single most important natural resource in Kenya, and a major factor of pro-duction.

2.2 EVOLUTION OF LAND LAW IN KENYA

For the reason that Kenya was a British colony, land law like many other branches of our law is largely derived from the English law. Colonialists were interested in Ken-yan land because of its agricultural potential and were therefore greatly interested in acquiring it. Having acquired it, they then introduced English law to regulate the manner in which land was to be owned and utilized. In the areas that colonialists occupied, they replaced African customary land law with English law.

Before the advent of colonialism in Kenya, land was communally owned and gov-erned by customary law, whereby a community owned the land with each individ-ual having a right to till it, graze on the land and use it in a manner acceptable to the others. Colonialists introduced a new concept in land ownership that revolved around individual ownership of land.

The colonial government viewed African customary land tenure as an impediment to greater agricultural production and proper land use practices. They therefore had to come up with means of alienating land from Africans in favour of white set-tlers who would engage in “economically viable” agriculture. This saw the introduc-tion of various statutes to govern land administration and registration in the country.


Subsequently,twosystemsoflandregistrationdevelopedovertime:registrationofdeeds and registration of title.

Thecolonialpolicyonaccesstolandtookcertainspecificmanifestations:thesta-tus of radical title-change; indigenous inhabitants lost their claim to all land; an agricultural economy, managed and controlled by the settlers, became dominant; and new political structures emerged, founded upon ownership and control of land. The“landedgentry”wereincontrolofthemachineryofGovernment;andthiswas the onset of persistent land problems in Kenya.1

2.2.1 The Crown Lands Ordinance No. 21 of 1902

The Ordinance vested the Commissioner of the Protectorate power to sell free-holds in crown land within the protectorate to any purchaser in lots not exceeding 1,000 acres.2 As the Ordinance did not recognize customary land tenure systems, vacant land or any land vacated by a native could be sold or leased to Europeans without reference to the Natives.

2.2.2 The Crown Land Ordinance, 1915

The 1902 Crown Land Ordinance was repealed and replaced by the Crown Land Ordinance of 1915. The 1915 Ordinance adopted the registration model and also brought an advanced system of registration of deeds and the provision of accurate survey and deed plans.

Following Kenya’s attainment of independence, the Ordinance thus became the Government Lands Act, CAP 280 Laws of Kenya. The Act conferred upon the Presi-dentextensivepowersoverGovernmentland,andthispowereffectedbytheCom-missioner of Lands.

2.2.3 The Registration of Titles Act, Cap 281 of 1920

The Registration of Titles Act (RTA) was first enacted as an ordinance in 1919 toprovideforthetransferoflandbyregistrationoftitles.Itwasthefirsttointroducea form of title registration in the country and was based on the Torrens system3 of registration.

1 Supreme Court Advisory Opinion Reference no. 2 of 2014, National Land Commission ~V~ Attor-ney General and Others.

2 Section 4 of the Crown Lands Ordinance, 1902.3 TheTorrenssystemofregistrationemphasizestheaccuracyofthelandregisterwhichreflects

allthecurrentregistrableintereststhataffectaparticularparcelofland.Underthesystem,thegovernment guarantees the accuracy of land records. In the event of any loss arising from an errorinregistration,thepersonaffectedisentitledtocompensationfromthegovernment.


Aregisteredproprietorwasissuedwithagrantorcertificateoftitlesignedbytheregistrar and a copy thereof kept in the register. A separate register is kept for each property and any entry on the register was also entered on the original title. The RTA wasalsobasedonfixedboundarysurveyreducinglitigationintermsofboundarydisputes.Thesystemguaranteedsecurityoftenureandacertificate issuedbyaregistrar was taken as conclusive evidence of ownership and the government in-demnifiedanyonesufferinglossduetoinaccuracyoftheregister.

2.2.4 The Registered Land Act, Cap. 300 of 1963

TheActsoughttounifythedifferentsystemsoflandregistrationinKenya.Thatis,land titles privately held under Government Lands Act, Land Titles Act (LTA) and Registration of Titles Act (RTA) were to be converted and transferred to the new register in compliance with the Registered Land Act.

The Act also sought to formalize African land tenure system through the processes of adjudication, consolidation and registration as it was intended to register land owned by Africans in the native reserves which had gone through adjudication and consolidationprocess.AfirstregistrationundertheRegisteredLandActcouldnotbe challenged in any court of law.

Despite the Act being passed in 1963 it continued to operate along with the other statutes which more often than not led to double registration and rampant fraud-ulent transactions.

Theselawswerenotonlyinefficient,ineffective,andinconsistentbutalsorenderedthe land administration process bureaucratic and expensive; thus resulting in inor-dinate delays, apart from lending themselves to corrupt practices. These chronic issuesthathadtheeffectoferodingpublicconfidenceinlandadministrationhadto be resolved. Thus, various initiatives were undertaken by the government to ad-dress the land question in Kenya which culminated with the establishment of the National Land Commission, by the Constitution of 2010.


2.3 INITIATIVES BY GOVERNMENT TO ADDRESS THE LAND QUESTION

2.3.1 Judicial Commission of Inquiry into Tribal Clashes in Kenya, 1998. (Akiwumi Report)

This Commission’s mandate was to investigate tribal clashes, the causes of the vi-olence, the actions of police and other law enforcement agencies in addressing theseincidents,andthepreparednessandefficacyoflawenforcementagenciesin preventing and controlling such violence.4 The Commission was to recommend further investigation or prosecution of perpetrators as well as ways to better pre-vent and control future inter-ethnic attacks. The Report concluded that the tribal clashes were politically motivated, and were fanned by conditions associated with ethnicity and land ownership.

2.3.2 Commission of Inquiry into the Land Law System of Kenya, 1999. (Njonjo Commission)

The Commission was focused on coming up with principles of a National Land Pol-icy framework, the constitutional position of land and formulation of a new institu-tional framework for land administration.

In its report, the Commission called for the formulation of a land policy framework, definedbyconsiderationssuchastheeconomicimportanceofland;thepoliticalsensitivity of land; the social and cultural complexity of the land question; and the overall governance framework in which land issues are regulated. It also recom-mended the establishment of a National Land Authority whose purpose would be to hold public land in trust for the public.5

2.3.3 Commission of Inquiry into the Illegal/Irregular Allocation of Public Land, 2003. (The Ndungu Commission Report)

The Commission was formulated to inquire into the extra-legal allocation of public lands and lands reserved for public purpose to private individuals and corporate entities, and to provide recommendations to the Government for the restoration of those lands to their original purpose or other appropriate solutions.

The Commission recommended the establishment of a National Land Commission

4 Gazette notice 3312 of 1st July 1998.5 Report of the Judicial Commission of Inquiry into Tribal Clashes in Kenya.


with the authority to allocate public land, and to supervise the management and allocation of trust land. It was the Commission’s stand that to save public land, a separate entity from the Government (Executive) should be charged with the man-agementoflandinthecountry.

2.4 ESTABLISHMENT OF THE NATIONAL LAND COMMISSION

2.4.1 Sessional Paper No. 3 of 2009 National Land Policy.

KenyapasseditsfirstNationallandpolicy2009.Thepolicyaimsataddressinglandissues arising from the land sector. The Policy recognizes the need for security of tenure for all Kenyans (all socio-economic groups, women, pastoral communities, informal settlement residents and other marginalized groups).

The overall objective of the Policy is to secure rights over land and provide for sus-tainable growth, investment and the reduction of poverty in line with the Govern-ment’soveralldevelopmentobjectives.Morespecificallythepolicyprovides:

i. Allcitizenswiththeopportunitytoaccessandbeneficiallyoccupyanduse land.

ii. An economically, socially equitable and environmentally sustainable al-location and use of land.

iii. Theefficient,effectiveandeconomicaloperationofthelandmarket.

iv. Anefficientandeffectiveutilizationoflandandland-basedresources.

v. Efficientandtransparentlanddisputeresolutionmechanisms.

The Policy recommended the overhaul of the existing institutional framework for land administration and management and further proposed the setting up of a Na-tional Land Commission whose functions would be, inter alia, the management of public land on behalf of the state.

2.4.2 The Constitution of Kenya, 2010

Following promulgation of the Constitution, the Country witnessed various over-hauls in land management. Chapter 5 of the Constitution is dedicated to Land and Environment. Article 67(1) of the Constitution of Kenya established the National Land Commission.

Various laws were equally enacted to wit, the National Land Commission Act, Land Act and the Land Registration Act. Section 5 of the National Land Commission Act giveseffecttotheprovisionsofArticle67(1)oftheConstitution.


2.5 INITIAL CHALLENGES FACED BY THE NATIONAL LAND COMMISSION

2.5.1 Duplication of Roles and Functions in Relation to Land Management and Administration.

During its tenure, the Commission faced numerous challenges primarily from the Ministry of Lands and Physical Planning. While the Commission generally took over certainfunctionsfromthedefunctofficeoftheCommissionerofLands,theMinistryof Lands and Physical Planning continued to perform the same functions. The bone of contention concerned the functions of the Ministry in Land management and administration vis~a~vis those of the Commission. The duplication of roles in matters relating to processing of development applications led to not only confusion in the land sector but also disruption in service delivery.

2.5.2 Transfer of Staff

Section 31 of the National Land Commission Act provides that a person who immediately before the commencement of the Act was serving on contract or was an employee of the Government in the Ministry of Lands in any of the departments whose functions have been transferred to the Commission shall upon the commencementoftheNLCActbeemployedorappointedasamemberofstaffofthe Commission.

This provision of the Act was never strictly adhered to by the Ministry of Lands. Indeed, while the Ministry did transfer its staff to the Commission, the MinistryarbitrarilyrecalleditsstafftherebyleavingtheCommissionwithoutstaffinvariousdirectorates.

2.5.3 Transfer of Assets

Section 32 of the National Land Commission Act provides that all property, rights, assets, liabilities, obligations, agreements and other arrangements existing at the commencement of the Act and vested in, acquired, incurred or entered into by or on behalf of the Ministry of Lands with respect to the departments whose functions have been transferred to the Commission shall upon commencement of the Act be deemed to have vested in or to have been acquired, incurred or entered into by or on behalf of the Commission.

To date, the Ministry of Lands is yet to give an audit of all the assets and liabilities acquired or incurred by the Commissioner of Lands for purposes of transfer to the


Commission.ThefailurebytheMinistrytotransferassets,liabilitiesandstafflimitedthecapacityoftheCommissiontodeliverefficientservicestomembersofthepub-lic. This notwithstanding the Commission inherited more than 7,000 cases from the officeofthedefunctCommissionerofLandsandcontinuestoreceivesimilarcases.

2.5.4 Failure to Consult, Co-ordinate and Co-operate with the Commission.

The Constitution requires all Government agencies to consult, co-ordinate and co-operate with each other. This was however not the case as between the Ministry of Lands and the Commission. For instance the Ministry of Lands in 2014 introduced formsandguidingrulesforusebyboth thevariouslandregistriesandthepublicin completing land transactions in Kenya without the involvement of or consulting theCommission.ThisformsweresubsequentlynullifiedbytheCourtinELC Petition

54 of 2015, Anthony Otiende Otiende -V- Public Service Commission & 2 Others for, inter alia, lack of public participation and involvement of the Commission before introduction.

The Ministry also failed to forward to the Cabinet key rules and regulations under the National Land Commission Act, Land Act and Land Registration Act for onward submission to Parliament. The Land Sector was therefore left to operate using rules under the repealed laws in the absence of rules and regulations under the new laws.

Subsequently, on 2nd April 2014, the National Land Commission, preferred before the Supreme Court, Supreme Court Advisory Opinion Reference number 2 of

2014, National Land Commission -V- Attorney General and others, seeking an advisory opinion pursuant to Article 163(6) of the Constitution. Article 163(6) of the Constitution confers the Supreme Court with jurisdiction to give advisory opinions at the request of the National Government, any state organ, or any County govern-ment with respect to any matter concerning County Government.

The reference related to the Commission’s functions and powers, on the one hand, and the functions and powers of the Ministry of Land, Housing and Urban Develop-ment on the other hand in land administration.

On 2nd December 2015, the Supreme Court rendered its advisory opinion on the proper relationship between the Commission and Ministry of Lands Housing and Urban Developments in the context of Chapter 5 of the Constitution, Article 10 of the Constitution and relevant legislation.


From the Opinion it was observed by the Supreme Court that;

1. The application of the term ‘management’ and ‘administration’, in all the three statutes, is consistent with the functions of the Commission as ex-pressly donated by the Constitution.

2. The relationship intended between the NLC on the one hand, and the National and County Government on the other, does not lend itself to the agency template; rather, it is a straightforward constitutional rela-tionship, in the public-law mode. The unchanging theme throughout the Constitution, is that the relationship between these two bodies is inter-dependent, and based upon co-operation; it is not an agency rela-tionship.

3. The Constitution’s mandate falls to the three State organs, in an opera-tionalcontextofcheck-and-balances:andthevariousCommissionsactas oversight and watchdog mechanisms. Hence, each of the functions of the NLC and the Ministry stands to be checked by the one or the oth-er, in order to avoid abuse of power in matters relating to land.

Despite the Supreme Court rendering that the two institutions charged with land management and administration continue with their duties, the issues have never beeneffectivelyresolvedandtheMinistrycontinuestodate,toplayvitalrolesandfunctionsspecificallyandstatutorilyreservedfortheCommission.Thisincludesthecollection of land rent, assessment of tax on land premiums on immovable prop-erty, issuance of consents and clearance, processing of development applications, leasing of public land, issuance of licenses for occupation of public land amongst others.StaffindepartmentswhosefunctionsweretransferredbylawtotheCom-mission also remain in the Ministry of Lands in what is a gross duplication of roles and violation of the Supreme Court ruling and the laws in force.

This duplication of roles pose serious threats to the validity of any resultant titles that emanate from such processes. This issue must be addressed moving forward lesttheeffortsmadebygovernmenttoreformthelandsectorstandinjeopardy.

The role of County Governments in management and administration of public land cannot be gainsaid. Article 62(2) of the Constitution vests the certain categories of public land in County Governments to hold in trust for the ordinary residents of the County. Therefore, regulations under the County Governments Act and the Urban Areas and Cities Act require to be enacted by Parliament.


Figure 2.1 (L-R)CSHon.,Dr.Matiangi;ChairNLC,ProfSwazuriand Mombasa County Coordinator Nelson Marwa

Figure 2.0 (L-R)ProfessorSwazuri-ChairpersonNLC,CSLands,CharityNgilu;PresidentofKen-ya, Hon. Uhuru Kenyatta and Abigail Mbagaya-Mukolwe Vice-Chair NLC at a State House function


Figure 2.2 Chairperson NLC, Prof. Swazuri with the CS Lands Hon. Farida Karoney, at the Bondo School Titling Program (Siaya County) 2019


CHAPTER 3ACHIEVEMENTS OF THE COMMISSION

3.0 ESTABLISHMENT OF THE SECRETARIAT

The Commission upon establishment embarked on recruitment of Secretary/CEO to head the secretariat. The establishment of the Commission secretariat has seen recruitment of a number of qualified, dedicated, knowledgeable and energeticteamoftopmanagementandstaff.StaffComplimentcurrentlystandsatfourhun-dredandsixtysix(466)againstanapprovedstaffestablishmentofonethousandonehundredandfortytwo(1142)staff.TheCommissionbelievesthatthecurrentteamofstaffshallservetoensurethatthereiscontinuityinthedeliveryofitsman-dates.TheCompositionofstaffintheCommissionisquitediverseasgenderandregional balance in compliance with Articles 10 and 232 of the Constitution. How-ever,staffcomplementintheCommissionhasbeendecliningovertheyearsowingto natural attritions coupled with non-replacements. The repealing of section 18 of the National Land Commission Act, 2012 saw the abolishment of County Land Management Boards (CLMBs).

3.1 THE GUIDING STRATEGIC DIRECTION

In December 2013, the Commission embarked on the development of its first 5year Strategic Plan (SP). The Strategic Plan was developed through a participatory procedure with internal and external stakeholders. Kenya Land Alliance provided the funds for the development and launch of the Strategic Plan. In developing the strategic plan, the Commission directed by its mandate as derived from the Consti-tution of Kenya 2010 and the enabling statutes; namely the National Land Commis-sion Act, 2012, Land Act, 2012 and the Land Registration Act, 2012.

TheCommission’s2013–2018SPwasalsoguidedby:EconomicRecoveryStrategyfor Wealth and Employment creation 2003 – 2007 and Kenya Vision 2030, which recognize land as a key resource necessary for the attainment of Kenya’s devel-opmental agenda. The Commission was constituted during the second Medium Term Plan; and is working within the third MTP 2018 - 2022 land reforms agenda. The Commission’s Strategic Plan (SP) 2013 - 2018 was developed to align the Com-mission’s role to dynamic operating environment and strategic thinking of the Gov-


ernment of Kenya through the following key governance instruments; Economic Survey 2017; Government’s Budget Policy’s for the land sector; and Africa Agenda 2063-firstTenyearImplementationPlan(2014-2023).The2013/18StrategicPlan(Figure3.0)istheCommission’sfirstSPandisthebesttooltoassesstheCommis-sion’s Performance vis-a-vis set targets as set out in this report.

Figure 3.0 The National Land Commission 2013/18 Strategic Plan


3.2 IMPLEMENTATION AND REVIEW OF 2013/18 STRATEGIC PLAN

a. By the end of 2018 (5-year planning period) the Commission intended to

realize the following five broad strategic outcomes:

1. Improved public land management and administration of land rights

2. Functional National Land Information Management System

3. Resolvedlanddisputesandconflictresolution

4. Increased sustainable management and use of natural resources

5. A model (NLC) institutional development and management

b. To achieve these objectives the Commission came up with the following

eight strategies:

Organizational development and capacity building,

Performance management,

NLIMS and use of ICT

Resource mobilization

Stakeholder engagement

Communication, Civic Education and Advocacy

Mainstreaming a robust land reform agenda for better land governance

Mainstreaming gender

c. The NLC’s five year Strategic Plan (2013/18) commenced on June 14, 2014.

The SP envisaged the following self-review methodologies (under Chapter

7, pages 41 & 42):

i. Development, dissemination and implementation of standard templates for all Commission functions;

ii. Monthly Directorate/ Units review of progress achieved and lessons learnt;

iii. Quarterly Directorate progress reports from the various committees and analysis of the trends;

iv. Bi- annual Directorates’ meetings to check progress under the leader-shipoftheAuditHeadofUnitwithotherappropriatestafftoensurethatPerformance Reports are compiled and disseminated;


v. Regular and periodic monitoring and analyzing relevant sources of data such as media reports, media trends from land stakeholders, reports from the government and its agencies;

vi. Annual staff survey on job satisfaction, leadership and managementperformance and work environment; and

vii. Annual Report sent to the external stakeholders.

A review of the Strategic Plan was done and recommendations on the way forward are in Appendix 3.

3.3 PUBLIC LAND MANAGEMENT AND ADMINISTRATION OF LAND RIGHTS

Public Land Administration and Management is a core function of the Commission provided for in the Constitution- Article 62(2), (3) and Article 67(2), the National Land Commission Act Section 5, the Land Act No.6 of 2012, the Land Laws Amendments Act 2016 and other enabling legislations. One of the mandate of the Commission is to administer and manage public land on behalf of the National and County Gov-ernments. In the process of undertaking this crucial function, the Commission ap-proves development applications, verifies ownership documents on public land,allocates and/or regularizesland upon recommendation from both National and County Governments to state organs/ institutions and individuals. Other functions include transfer of land from County governments to institutions for public purpose.

3.3.1 Land Allocations

Land allocation is the legal process of conferring land rights emanating from public land to individuals and or institutions. Land Allocations facilitate access and use of land for investments and settlement. The process culminates in the issuance of let-ters of Allotment and titles/leases. Approvals for allocations include those grant-ed for renewal of lease terms, formalizations of allocations done by the National Housing Corporation/ County governments, site and service schemes previously managed by the defunct Local Authorities, recommendations from Kenya Indus-trial Estates, Public institutions including public educational institutions, judiciary amongst others.

The Commission received 6,346 proposals for allocation of public land recommend-ed by various Counties of which highlights include a proposal to allocate 100 acres of land to the Export Processing Zone Authority for establishment of an industrial park in Homa Bay county; allocation of 21 plots to investors in Machakos County for


industries, Car assembly, Logistics and warehouses; 100 acres allocated to KEMRI for establishment of a medical graduate school, a research centre for communica-ble diseases and a level V hospital in Kirinyaga County; 1,032 hectares allocated to Kenwind limited for generation of windpower in Lamu County and 28,000 hectares allocated to LAPSSET Development Authority for Lamu Port development, Amu power coal generation plant and other auxiliary income generating facilities.

The Commission is processing allocation of land previously owned by Kenya Broad-casting Corporation in Yala /Gem to Akango Kano University College, a constituent college of Moi University.

Theseallocationshaveresultedindiversificationandimprovementoflivelihoods,job creations, enhanced service provision, and enhanced value addition for indus-trial and agricultural-based products and support to vision 2030 and the Big Four Agenda.

3.3.2 Development Control

The Commission approves and monitors development through conditional leasing. These are requests for Extension /Renewal of leases, change /extension of user, subdivisions and building plan approvals.

The approval process is an engaging and consultative activity that begins at the CountylevelspearheadedbytheCountyofficesoftheCommissionandtheNa-tional/County government including other agents and key stakeholders such as National Environment and Management Authority, (NEMA) Water Resource Author-ity (WRA) amongst others.

This process ensures development complies with approved spatial development plans, policy guidelines, regulations and developments conditions stipulated in the land ownership documents. The purpose of carrying out development control is for orderly physical development, public safety and health, enhanced aesthetics, efficiencyandeconomyoflanduseincludingprotectingtheenvironment.Inaddi-tion, the processing of land development applications facilitates access and use of land that culminates in wealth creation, enhanced revenue collection by National and County governments and increased real estate development and investment.

The counties processed and recommended for approval 1,624 renewals/extension of leases, 3,290 subdivisions/amalgamations schemes, 1,925 change/extension of user and 2,566 building plans.


3.3.3 Processing of land ownership documents

Thisentailsidentificationanddocumentationoflandrightswhichculminatesintheissuance of titles to land (Figure 3.1). The land Act states that leases emanating from allocation of public land shall be prepared and executed by the Commission on behalf of the National and County governments. However, the Commission in part-nership with the Ministry of Land and Physical Planning and Ministry of Education focused on preparation and issuance of title deeds for Public schools and institu-tions. This ensured guaranteed land ownership and security of tenure.

Figure 3.1 H.EthePresidentUhuruKenyattaatSeraniBoysMombasaissuing305titlestopublicinstitutions. The president was accompanied by Chairman Prof. Muhammed Swazuri (left) and other coastal leaders.

At inception, the Commission during the transitional period, prepared 6,738 leases which were executed by the then Commissioner of Lands and the Chairman of the Commission. The Commission received 65,231 requests for processing land owner-ship documents. For example, in Machakos County, 439 transfers to public schools have been prepared. In addition, 107 requests for regularization of indigenous farms have been undertaken in Lamu County. In Nyeri County, 151 villages with a total of 6,841 beneficiaries have received ownership documents. In Laikipia County, 976requestsforregularizationhavebeenprocessedwhilebeneficiariesreceivedLet-ters of Allotments and Titles through a formalization process in Taita Taveta County

The processing of land ownership documents as well as regularization of land ownershiphasresultedto:


Enhanced security of tenure and improved livelihoods. e.g the colonial villages in Nyeri

Securing public land and safeguarding public installations

3.3.4 Verification of letters of allotments

The verification exercise entails confirming availability of parcels, proper zoning,whetherthegrantfollowedtheduelegalprocess,groundstatusverificationandconfirming the authenticity of the signatures therein. It therefore involves actionby different officers in the Commission, Ministry of Lands and Physical Planningthrough the involvement of Planners and Surveyors and the County governments. The Commission received 3,685 letters of allotment having called for the letters through a notice dated July 2013 and circulated in the media. Out of this, 382 had theirstatusconfirmedandlettersreissuedand/orpaymentsoflegalfeesaccept-ed. Most did not meet the set threshold of authentication. However, this exercise is ongoing

3.3.5 Verification of Titles emanating from public land

Theverificationexerciseentailedconfirmingwhether due process of degazzetment (where necessary), planning and allocation to individuals was followed and whether the land was available foralienationinthefirstinstance.

The Commission engaged and concluded averificationexercisefor Escarpment/Kinale settlement scheme, lifting an existing embargo previously placed on 2200 titles. A similar exercise was conducted for Chembe/Kibebamshe settlement area.


3.3.6 Formalization and Regularization of Land allocations

The Land Regulations 2017 mandates the Commission to regularize and /or for-malize allocations previously done by the defunct Local Authorities. Formalization was done during the review period in areas where public land had been planned and even developed in certain cases and people were in ownership of some form of documents; either from the previous local authorities or letters of allotments. For purposes of issuing them with leases, the Commission took stock of developed plotsagainsttheexistingdevelopmentplansandverifiedthedocumentsheld.Theentire process was about validating existing settlements on the ground. This was a key exercise towards resolving multiple claims and securing land rights. Several meetings happened in various parts of country; where squatters were either for-malized or encouraged to resolve ownership issues where the settlement hap-pened to be on privately held land.

On the other hand, regularization took place where urban public land was devel-oped, without planning, survey or ownership documents. Such land then required planning, surveying and enumeration of the occupants or claimants before allocat-ing. The objective was to document occupants, on land within urban areas where they reside as a way of securing tenure.

The Commission regularized land ownership within the urban areas as shown in Table3.0:

Table 3.0 Someoftheurbanareaswhereregularizationwasundertaken

• Maji Mazuri Township

• Kikuyu Escarpment

• Garissa Municipality

• Olmelil Centre

• Mai Mahiu

• Nairobi (Mowlem Embakasi)

• Tana River-Kilelegwani

• Sultan Hamud

• Olosirikon

• Noonkopir/Kitengela

• Kisaju

• Isinya

• Kajiado Township

• Bulbul

• Gichagi(NGONG)

• Olekasasi ‘B’

• Ongata Rongai Trading Centre

• Ongata Rongai-Kware

• Taita Taveta

• Kilifi

3.3.7 School Titling Programme

The National Schools Titling Exercise is spearhead by the Commission since the year 2015 as part of its mandate to manage public land on behalf of the National and County Governments as derived from the Constitution of Kenya, 2010 and sup-


portive legislations. Later that year, a Presidential Directive was issued compelling the Commission in consultation with other stakeholders to ensure that titles for all public schools were issued.

Public primary and secondary schools are managed by the National Government while Early Childhood Education (ECD) institutions, formerly referred to as nursery schools, are managed by County governments. Previously it was enough protec-tion to plan, survey, gazette and at times issue letters of reservation for school land. However, with the increase in grabbing of land for public institutions, the Commis-sion gave a policy direction for processing of titles to all government institutions. A National working group comprised of the Commission as the lead Agency, Ministry of Lands &Physical Planning, Ministry of Education and the Shule Yangu Alliance was established to drive the process.

An analysis of data collected during the 2015 Kenya Primary and Secondary Heads Association (KEPSHA) Conference; indicated that out of the 29,404 public schools in Kenya 24,405 (83%) did not have any form of ownership documents, 16,172 (55%) were not surveyed,12,055 (41%) were at risk of encroachment and grabbing and 4,100 (14%) had reported land grabbing /contestation cases.

The Government has waived legal fees for preparation and registration of title deeds for schools and currently survey is being undertaken by the Ministry of Lands and Physical Planning free of charge.

The working group has undertaken Audits in several counties Busia, Bungoma, Kakamega, Vihiga, Kisumu Siaya, Muranga, Meru, Tharaka- Nithi, Embu, Makueni, Kitui, Kajiado Machakos, Nakuru, Bomet, Kericho,, Kisii, Kirinyaga,HomaBay, Migori and Nyeri. The data is being analysed with quick wins being documented with Ti-tles. The audit has revealed the nature of challenges faced by the principals and head teachers in their quest to obtain title deeds for their respective schools. The followingarechallenges/issues:

Schools on land reserved for other public utilities such as markets, wells and springs;

Schools on land previously reserved for nursery schools only;

Schools on land registered in private (individual) names;

Schools whose titles are held by religious institutions;

Schools with court cases against private individuals;

Schoolsonlandwhereexchangeshavenotbeenfinalized;

Schools in settlement schemes and

Schools in urban areas.


Eachofthesecategoriesrequiresdifferentinterventionmechanism.Oneoftheex-pected outputs of this exercise is that a database of the status of all schools land shall be created.

Recommendation on the issue raised include further engagement with key stake-holders namely the County Governments, the National Treasury, and religious in-stitutions; establishment of separate units to handle cases involving succession; sub-division and amalgamation of land donated by individuals; and alternative dis-pute resolution mechanisms. The Commission has continued to document schools and other public institutions by way of preparing the following documents as an ongoing day-to-day land administration activity

• Preparation of transfers from the defunct local authorities to the Cabinet Secretary Treasury as custodian of public assets in the country

• Preparation of letters of allotment after planning and surveyin urban areas

• Preparation of leases for onward transmission to the MoLPP for registration and issuance of certificate of leases in the name of the Cabinet SecretaryTreasury

The Commission in conjunction with the relevant government agencies audited over 10,000 schools and out these audits, the Commission so far prepared and dispatched 3,020 transfers of school land to relevant land registries for registration and issuance of Titles. A detailed table analyzing school status is available at Ap-pendix 4.

Figure 3.2 shows the status of the schools with titles. Kindly note those with titles in religious organization names have been excluded.


Figure 3.2 Status of the schools titles per county

3.3.8 Review of Grants and Dispositions of Public Land.

Prior to the overhauls in land management in the country, the three major laws gov-erning land in the country were the Government Lands Act, Registration of Titles Act and the Registered Land Act. None of these laws, however, provided a frame-work for the review of titles and only the Court could address the issue of illegally acquired titles.

However, following promulgation of the new Constitution in 2010 and the enactment of the Land Act 2012, Land Registration Act and the National Land Commission Act, Kenya witnessed positive and tangible overhauls in land management in the country. For the first time in the history of the country, the Constitution and theNational Land Commission Act, provided a framework through which the legality of titles could be addressed without necessarily having to invoke the jurisdiction of the Court.

Specifically,section14(1)oftheNationalLandCommissionActexpresslyprovidesasfollows:-

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 in-

dividual, review all grants or dispositions of public land to establish their

propriety or legality.


The same section provided a guideline on how review of Grants would be under-taken. It provided that the Commission could direct Chief Land Registrar to revoke or regularize titles as the case may be. It however also stated that there would be norevocationoftitleforabonafidepurchaserforvaluewithoutnoticeofdefectofthe title.

The Commission commenced the exercise of Reviewing grants and dispositions to Public land on 21st April 2014. The Commission has over the last six years conducted review of grants of public land in Counties spread throughout the Country including thefollowing:Nairobi, Mombasa, Kisumu, Kiambu, Taita Taveta, Kakamega, Kilifi, Nakuru, Narok, Lamu, Kisii, Kilifi, Baringo, Makueni, Nakuru, Lamu, Uasin Gishu, Machakos, Kisumu, Kwale, Embu, Kirinyaga, Laikipia, Mandera, Garissa, Marsabit, and Embu.

Throughthisprocess,theCommissionhasheardoverfivethousand(5,000)cases,resolved and recovered public utility land. Some of the achievements include the following:

Revocation of titles: for ranches covering over 32.2% of Lamu County which covers 1,550,116.77 acres and recovered and returned the properties to the County Government (the latter was necessitated by a Presidential directive);

Recommendations made towards revocation of titles: revoked titles pur-porting to allocate land in which Changamwe Secondary School in Mombasa is located. The land was recovered and returned to the school;

Recovered Government housing quarters: In Kiambu, Kisii and Kisumu and returned the properties to the State Department of Housing; the Commission revoked titles for Eldoret Stadium, the land was recovered and returned to the County Government of Uasin Gishu,

The Commission revoked allotment letters: that purported to allocate Out-ering Road in Nairobi, the land was recovered and handed over to Kenya Ur-ban Roads Authority for the ongoing road expansion among others.

Conflict Resolution: The Commission has continued to resolve several long standing land disputes in various parts of the Country, cases in point include Oljorai land dispute in Nakuru; Kiboko B Settlement Scheme in Makueni County; Chembe Kibabamshe Settlement Scheme in Kilifi County; Kilifi SaltWorks land; recovered Kakamega Primary School land from a private devel-oper; resolved disputes between Wanjala Mining Company and the locals of Kishushe, Taita Taveta County; resolved disputes in Mwea Settlement Scheme and facilitated issuance of titles among others.

Other significant cases: Resolved ownership disputes over properties lo-cated along the Mombasa to Nairobi Standard Gauge Railway Corridor. The


Commission successfully addressed the concerns of the County Government of Mombasa and the landowners that paved the way for construction of the Mombasa section of the Railway and similarly for the sections of Sultan Ha-mud, Emali and pockets of Nairobi that had been delayed due to disputes.

The process of review of grants and dispositions of public land has resulted in re-claiming public utility plots, roads, public schools’ land, public hospitals’ land, pris-ons’ land and other of public land (Figure 3.3).

Figure 3.3: Vice Chair Abigael Mbagaya and Commissioner Emma receiving an illegally acquired title for Kibarani dumpsite that was surrendered by the owner

from the Mombasa County Governor, H.E. Hassan Joho.

3.3.9 Court Cases (Litigations) and Investigations

The Constitution of Kenya, under Article 159 as well as Article 67, encourages the use of Alternative Dispute Resolution mechanisms to resolve disputes. This, how-ever, has not been the case in relation to the resolution of land disputes.

Within a span of six years of the formation of the National Land Commission, there have been instituted 1,820 court cases challenging its functions, processes or de-cisions.MajorityofthecaseswerefiledwithinNairobiCountywhichaccountedfor47% of the cases, followed by Mombasa County with 9%, Eldoret and Nakuru and KilifiCountiestiedat6%each.Therestofthecountiesaccountedfor32%.Figure3.4


Nairobi47%

Rest of the Counties

32%

Mombasa9%

Kilifi6%

Nakuru6%

Percentage of cases per county

Nairobi Rest of the Counties Mombasa Kilifi Nakuru

showsanalysisofthenumberofcasesfiledasperthecounties.Thestatisticspercounty are tabulated in Table 3.1.

Figure 3.4 NoofCourtCasesfiledanddefendedaspercounty

The institution of such high number of cases is not only a serious deviation from thespiritandletteroftheConstitutioninrelationtoresolutionofconflicts,butalsohamperstheeffectivenessoftheCommissionindischargingitsmandate.Injunc-tionsandcourtordershavetheeffectofstallingand/ordelayingtheimplementa-tionoflandreformsintheCountry.Movingforward,moreeffortmustbedonesoasto promote the application of Alternative Dispute Resolution.

Table 3.1 Statisticsonnumberofcasespercounty(2013-2019)

County No. of Suits Filed and Defended

Kiambu 17

Uasin Gishu 99

Nandi 0

Lamu 1

Nairobi 854

Homa Bay 0

Kwale 0

Kilifi 118

Taita Taveta 7

Meru 26

Tharaka Nithi 0

Embu 40

Machakos 91


Makueni 13

Nyandarua 3

Nyeri 36

Kirinyaga 0

Samburu 0

Trans Nzoia 30

Elgeyo Marakwet 0

Baringo 2

Nakuru 103

Kajiado 16

Kericho 20

Bomet 2

Siaya 0

Nyamira 0

Migori 0

Kisii 44

Mombasa 171

Wajir 0

Mandera 0

Marsabit 0

West pokot 0

Isiolo 1

Kitui 0

Laikipia 2

Muranga 14

Turkana 0

Narok 9

Kakamega 15

Vihiga 1

Bungoma 5

Busia 4

kisumu 70

Tana River 0

Garissa 6

TOTAL 1820


Investigations & Forensic Services has been crucial in investigating fraudulent land transactions especially public land that include public schools and institutions, en-croachmentofroadreserves,riparianland,andconflictsbetweenprivateownersand public institutions. Majority of cases investigated are in Nairobi and Mombasa Counties where public institutions lost their land. The stolen land have so far been investigated, recovered and reverted back to the relevant institutions. Some of the investigationsdoneare:

• Investigations & Forensic Services investigated complaints raised over encroachment of public schools land. The Commission has successfully investigated the cases and sent its findings and recommendations tothe National Land Commission Panel on Reviews of Grants & Disposi-tions for appropriate redress.

In addition we have investigated the parcels of land in Block 2, within Ngong town which are public land that are in the hands of private developers and were revoked vide Kenya Gazette Notice No.15581 of 26th November 2010 but the private devel-opers have refused to vacate.

• Investigations & Forensic Services provided technical and paralegal support to the National Land Commission Panel on Reviews and Dis-positions of Grants. The Commission investigated the authenticity of documentspresentedtolayclaimsbeforetheCommission.Twentyfive(25) cases were referred to the Commission’s Panel on Reviews and Dis-positions of Grants for alternative dispute resolution mechanisms. Two (2) case were referred to the law enforcement agencies for further inves-tigations and prosecution. The two cases are still pending with the DCI Headquarters.

• Investigations & Forensic Services liaises closely with NEMA and NCA for protection of riparian land. We served notices and enforcement in Nairobi West and in Baba Dogo in liaison with NEMA and NCA for the withdrawal of construction licenses to people putting up structures on riparian land. The outcome of our intervention and close follow up has made Nairobi County Government Inspection Department issue demo-lition orders to these developments.

3.3.10 Compulsory Acquisition of Land & Wayleaves

The Commission has since inception undertaken land acquisitions for conversion of private land to public land in favour of public purpose projects. The power to undertake compulsory acquisition is bestowed upon the Commission by provisions in the Constitution of Kenya 2010, the Land Act No. 6 of 2012 and the National Land Commission Act.


Due to the primacy of land as a factor of production, effective land governanceis key toward achievement of sustainable development, attainment of vision 2030 and the Government’s big four Agenda. In view of this, the Commission’s functions areconsistentlyidentifiedasacriticalfactorineffectiveeconomicdevelopment.Ineffectingcompulsoryacquisitionofland,theCommissioncarriesoutamongothersvaluationsforassessmentofjustcompensationforpersonsaffectedbydevelop-ment projects. This assessment is based on clear economic and legal principles which are uniformly applied, are updated regularly and are in public domain.

Landwascompulsorilyacquiredinpursuitofthefollowingcategoriesofprojects:

Transport Infrastructure ranging from Airports, Ports, new Railways, Highways, bypasses, rural access roads and bridges.

Water infrastructure including dams and irrigation canals with related components.

Wayleaves and public right of way especially for high voltage transmis-sion lines.

Security Infrastructure including military base and strategic government buildings.

Figure 3.5 illustrate thework of the Commission according to broad and specifictype of infrastructures that required compulsory acquisition of land during the 6 year period.

Transport Infrastructure

74%

Water & Sanitation

Infrastructure17%

Wayleaves7%

Security1%

Energy1%

Broad Types of Infrastructure


Airports11%

Railways2%

Roads66%

Water Ports1%

0%

0%

Dams7%

Canals & Componenets

1%

Treatment works4%

Irrigation schemes3%

Sewerage3%

Security1%

Energy1%

Specific Types of Infrastructure

Figure 3.5 Compulsoryacquiredlandforeachinfrastructurecategory.

3.3.11 Upcoming Land Acquisition projects

The Commission received requests from various acquiring bodies to compulso-rily acquire land for projects to be undertaken in due course as listed in Table 3.2. LAPSSET project is among the acquired projects, (Figure 3.6).

Table 3.2 SomeUpcomingLandAcquisitionprojects

Project Acquiring Body Significance

Ruabura Irrigation project NIB Food Security

Githurai-Kimbo Road KURA Bypass link road to Eastern Bypass and Kahawa Sukari

Nairobi Outering Road (C59) KURA Construction of foot bridges and walkways for pedestrian safety

LAPSSET Corridor (integrat-ed development with railway, roads, pipeline, proposed air-ports, special economic zones, resort cities & power transmis-sion)

LAPSSET Evacuation of crude oil from Lokichar to Lamu,Opening up alternative transport cor-ridor and boost the economy.Regional integration and facilitation of regional trade.


Figure 3.6 TheChairmanProfSwazuri,ViceChairAbigaelMbagaya,CommissionersLenachuru,Konyimbih, Rose, Kinoti and CEO Chavangi during signing of an MOU on the LAPPSET project.

TheSGRhasalsoeffectivelycontributedto jobcreationduringconstructionandat the operational phase. It has also been an avenue for technology transfer to the locals.

Good infrastructure on the other hand is important in enhancing trade and move-ment of goods and services both locally and internationally and fostering social in-tegration. Good infrastructure will reduce transportation costs and generally cost of goods and services by cut down on travel time, reduced wear and tear to vehicles and cut down on spoilage or additional costs of preservation. Good road infrastruc-ture also has a bearing on security and maintenance of social order and the rule of law because it enables law enforcement agencies to access hitherto inaccessible areaandhideoutsforcriminalelements.Figure3.7:illustratesthecontributionofthe Commission in the development of infrastructures.

707

1,299

-

200

400

600

800

1,000

1,200

1,400

SGR Railway Roads

Length of railway & roads acquired in kms

Figure 3.7 Lengthofroadsandrailwayacquiredinkms


10245

0

2000

4000

6000

8000

10000

12000

Dams

Land acquired for dams in acres

Dams contribute to access to water for agriculture, domestic purpose, and indus-trial use among others. The Commission acquired land for construction of dams as shown in Figure 3.8.

Figure 3.8 LandacquiredforDamsinacres

3.3.12 Land Compensation Disbursements made by the Commission

In fulfillment of the Constitutional requirement of article 40 (3) (b) on payment infull of just compensation, the Commission has in the 6 years compulsorily acquired landandalsopaidoutcompensationtotheaffectedpersons.TheCommissionhascompulsory acquired 77 projects at a total of KES. 38.273 Billion. This is 81% of the total monies received by the Commission for compensation for the period up to 21st January 2019. Figure 3.9 shows the amount of compensation disbursed by the Commission between 2013 and 2019 in respect of various types of infrastructure projects across the country.

Figure 3.9 AmountofcompensationdisbursedbytheCommissionbetween2013and2019

10,821

17,827

3,453 2,544

2

3,043

135 50 -

2,000

4,000

6,000

8,000

10,000

12,000

14,000

16,000

18,000

20,000

AMOUNTS

TYPES OF INFRASTRUCTURE

DISBURSEMENTS BY THE COMMISSION (2013-2019)

AMOUNT ('000,000 KES)


The matrix in Appendix 5 gives the details of the projects undertaken by the direc-toratebetween2013-2018showingtheacquiringbodies,andsignificance,scopeand status of completion of the respective projects.

3.3.13 Settlement

The Commission was operating under Sect. 134, 135 of the Land Act until it was amended on 2st September, 2016. However since the Settlement Schemes fall un-derpublicland,theCommissionmanagedtorealizethefollowingmilestones:

1. Ground verification of squatters

Due to various land complaints from settlement schemes, the Commission embarked on a ground verification exercises in a bid to resolve numerouslanddisputes.TheSettlementSchemesVerifiedinclude:

a) Kiboko ‘B’ Settlement – Makueni County

Theschemecovers6,900acreswithatotalof1,296parcels.Theverifi-cation was carried out from September, 2014 to October, 2014. Further, a review of grants was carried out in November, 2015 in line with Sect. 14 of the National Land Commission Act. The hearings were concluded with determinationsontherightfulallotteesoftheparcels,thereportfind-ings was forwarded to Ministry of Lands for implementation and prepa-ration of Titles. The Ministry of Lands is also in the process of preparing Titles for Kiboko ‘A’, and ‘C’.

TheoutstandinghistoricallandissuesaffectingtheCoastalregionandland complaints informed the concern by Commission on the need for a plotverificationexercisein2016inthreeRegistrationareasinKilifiCoun-ty in namely;

b) Kilifi Chembe/Kibabamshe - 440 Parcels

c) Kilifi/Jimba - 439 Parcels

d) Madeteni - 623 Parcles

e) Kilifi/Kijipwa – a total of 565 squatters on eight 8 (large) parcels.

The Commission established that these Sections were erroneously reg-istered through various legal regimes, namely (a) Adjudication (b) Set-tlement (c) allocations through Commissioner of Lands, hence leading to multiple land ownership disputes and later an embargo on all land transactions was placed by the Government since 1986.

The Commission initiated a public hearing to review the grants and dis-positions, whose determinations were published in a Gazette Notice No. 6862 of 17th July, 2017.


The Commission also carried out enquiries and investigations on public land in Kilifi/Jimba and Kijipwa Settlement Schemes in October 2018and made determinations in line with Sec. 6(1),(2),(3) of the National Land Commission Act, 2012. The Commission shall make its recommenda-tions to the Government and lift the existing embargo.

f) Oljorai/Riyobei - L.R. No.20299/1 with 2,407 squatters.

The squatterverificationwas undertaken in Nakuruwhere therewerewrangles between Riyobei and Nyakenyua Cooperators.

g) Nguu Settlement Scheme:totalnumberofParcels–2783

The Commission together with the Ministry of Lands and Makueni County Government undertook a ground verification exercise in July,2018 inorder to resolve long standing disputes in the scheme and issue title deeds.

2. Establishment of Settlement Schemes

The Commission was involved in the establishment of Manda Island Settle-mentScheme,LamuCountyandtheSectionisfinalizedandTitlesissued.

The Mkokoni Settlement Scheme – Lamu County was Surveyed (Phase I) andthepickingofexistingstructureswasfinalized.Atotalof131Parcelswereidentified,andthemapsforwardedtotheDirectorofSurveysforpublicationon 1st June, 2016.

3.4 PUBLIC LAND INFORMATION MANAGEMENT SYSTEM

One of the mandates of the National Land Commission under the National Land CommissionAct is “To develop and maintain an effective land information man-agement system at national and county levels”. At inception the NLC constituted a Directorate of National Land Information Management System (NLIMS) which was concerned with developing and maintaining geographic spatial, legal, and envi-ronmental databases that are relevant to real property throughout the country. This involves creation, analysis and publishing of land based data such as parcel infor-mation, zoning, land use, ownership and general property information. This was pri-or to the Land (Amendment) Act of 2016 that broke down this role and shared it out withtheMinistryofLands.TheNLCretainstheroleofdevelopinganefficientPublicLand Information System (PLIS) collaborating with the Ministry on the development of the National Land Information System (NLIS).


3.4.1 Development of NLIMS Standards and Guidelines

The Commission developed NLIMS standards and guidelines, gazetted in August 2016. The aim of the guidelines was to harmonize how various agencies developing spatially driven systems will integrate and coordinate data feeding into a National Land Information Management System (NLIMS).

There was need therefore, to develop common standards and guidelines that will supportalltheeffortstowardsintegrationofsystemssothattheresultantsystemcanintegrateandtherebyreduceoreliminateduplicationofeffortsandhelpsup-port cooperation and collaboration in the management of land resources, and re-duce unnecessary public expenditure.

The development of these standards and guidelines was based on principles out-lined in the Sessional Paper No. 3 of 2009 on National Land Policy (NLP) in sec-tion163(c)whichspecifiestheestablishmentofguidelinesonlandinformationforgoverning land matters.. These standards and guidelines address institutions and responsibilities; processes and procedures; availability, organization, quality and documentation of land information; system security, availability and accessibility; implementation and pricing of land information at national and county levels of government.

3.4.2 Establishment of a Geographical Information System (GIS) Laboratory

The Commission established a fully functional GIS Laboratory. The equipment in-stalledandconfiguredinthelaboratoryincludecomputerworkstations,scannersand plotters. Mapping softwares acquired includes ArcGIS, AutoCAD, Quantum GIS and Erdas for processing of various land data and information. Preparation and restoration of plans, maps, property cards; scanning and indexing of land records; geo-referencing of scanned plans and maps; digitization of spatial and non-spatial land data and capturing of attribute data take place in the lab. The laboratory has 10 GIS workstations, 8 drum scanners and 8 plotters (Figure 3.10).


Figure 3.10 NLC Geographical Information System (GIS) Laboratory

3.4.3 Public Land Information System Development

The Commission has been undertaking the PLIS Integrated Systems project. The in-tegrated Systems comprise of the Human Resource Management System (HRMS), Citizen Relationship Management (CRM), Electronic Document Management Sys-tem (e-DMS), Public Land Information System (PLIS) and GIS. The system has two portals; the public and the internal portals, which are available from the Commis-sions’ website under online services (www.landCommission.go.ke). The project was conceptualized in three-phased as outlined in Figure 3.11. In the first-phase, thefollowingworkflowsinLandValuationandLandAdministrationwereautomated:

LandValuationWorkflowsautomatedare:ValuationforPurchase/LeaseofLand,Valuation for Compensation on Compulsory Acquisition, Valuation for Stamp Duty, Valuation for Ground Rent upon alienation, subdivision, lease extension/renewal and change/extension of use and Valuation for Land Rating.

LandAdministrationWorkflowsautomatedare:DevelopmentApplicationProcess;Extension and Renewal of Leases, Change of user; Alienation of public land; Reg-ularization of Land Allocated by County Governments; Processing Applications for Subdivision of Land; Issuance of Consent to Transfer, Charge and lease Land; Preparation of a New Grant/Lease; Approval of Building/Development Plans; Issu-anceofLandRentclearanceCertificateandProcessofreservinglandforpublicorprivate purposes

ThepublicportalenablesthepublictoapplyforservicesofferedbytheCommis-sion in Land Administration and Land Valuation processes. The internal portal en-


1. Recruitment and capacity development

2. Procurement of Phase I solution

3. Establishment of GIS laboratory

4. System design and development

5. PartI:Processescodificationandworkflowautomation

6. System integration

7. Standards and Guidelines

1. Capacity enhancement

2. Procurement of Phase II solution

3. Enhancement of Data Conversion laboratories

4. Geo-referencing and digitization

5. PartII:Processescodificationandworkflowautomation

6. Land Info. Bill

7. Civic education on NLIMS

1. Procurement of Phase III solution

2. eCitizen integration

3. Geo-referencing and digitization

4. PartIII:Processescodificationandworkflowautomation

5. Land Information Act operational

6. Infrastructure enhancement

7. NLIMS Academy

Phase 1 Phase 2 Phase 3

ables the officers to process the application seamlessly since theworkflows areautomated. Figure 3.12 explains the application steps for the public portal.

Figure 3.11 Conceptualized PLIS implementation phases

Figure 3.12 Public portal application process


3.4.4 Public Land Inventory: Requisition and Processing of Data from various Public Agencies

In accordance with section 8(a) of the Land Act 2012, the Commission is mandated to identify public land, prepare and keep a database of all public land, which shall be geo-referenced and authenticated by the statutory body responsible for survey. Towardsthisend,theCommissions’countyofficeshavefacilitatedthepreparationof public land inventory through identification and documentation of parcels ofpublic land. Notably, the reserved users of the documented parcels of public land are public schools, markets, forests and health facilities. It is important to note that this exercise of documentation is ongoing. The process has resulted to streamlining public land data in readiness for digitization. A total of 54,196 parcels of public land havebeenidentifiedandattributescapturedatthecounties.(Appendix6).

In addition, the Commission has received and collated public land data from vari-ous institutions for purposes of establishing public land inventory. As of 1 October 2018, data and information from the following 34 institutions had been received and is summarized in Appendix 7. The inventory created provides stakeholders with information regarding public land availability and use.

The Public Land Inventory is GIS driven and through this tool, the Commission pro-vides publicly accessible portals that allow members of the public to interrogate data held by the Commission.

3.4.5 Nyeri County Government Collaboration

The Commission has supported Nyeri County to equip the Laboratory and train theMoLPPandCountyofficersonGeographicInformationSystem.Thishasbeensteered by good working relationship meticulously developed by the County Coor-dinator and the entire Nyeri NLC team with the relevant players in the Land Sector specifically:

H.E. the Governor and the political leadership of the County Government ofNyeriwhoofferedpoliticalgoodwill

TheMemberoftheCountyExecutiveCommitteeandtheChiefOfficerin the County Government Ministry of Lands, Housing and Physical Plan-ning in developing local policy, budgetary, transport, technical and other support.

County Departments of Survey and Directorate of Physical planning in sharing technical knowledge, maps, plans and other data.

National Government Ministry of Lands Departments specifically Re-gionalandCountySurveyoffice,LandRegistry,LandAdjudicationand


Settlement, Land Valuation fostering primary technical support, and secondary land records / data.

Through this collaboration, the Commission partnering with the Nyeri County Government is digitizing its spatial data in collaboration with the MoLPP. To this end memorandum of understanding was signed between the Commission and Nyeri County which was signed on 19th July 2017 by the County Executive Secre-tary – Lands, Housing and Physical Planning (on behalf of the County Government of Nyeri) and the Secretary / CEO National Land Commission before witnesses. Throughthiscollaborationthefollowinghasbeenrealized:

1. The Commission has procured and transported equipment including two (2) scanners, one (1) plotters/printers and a desk top computer at a cost of ap-proximately six (6) million as part of seed resources which the County Govern-ment can subsequently build on (Figure 3.13).

Figure 3.13 Commissioner Khalif handing over lab equipment’s to the then CEM Lands Dr. Robert Thuo at Nyeri GIS Laboratory


2. TheCountyCoordinatoridentifiedandsecuredadequateofficespacestoac-commodate equipment provided by the County Commissioner and currently domiciledwithintheofficeoftheRegionalDirectorofSurvey.

3. GIStrainingtoNyeriCountyandMoLPPstaffwasundertakenbetween17thand21stSeptember2018bytheCommission.21staffmembersweretrainedmainlysurveyors,physicalplanners,cartographersandotherstaff.

4. With these resources, work on conversion of available data commenced whereastheRegional/CountySurveyofficearrangedmaps,plansandotherdocuments to be converted. Scanning of documents and maps was initiated and by December 2018 over 100 maps had been forwarded to the Commis-sion to be uploaded to the PLIS system.

3.5 PROMOTION OF CONFLICT RESOLUTION MECHANISM

3.5.1 Historical Land Injustices

Since time immemorial land in Kenya is one of the most important assets held dear by a majority Kenyans. Land was at the core of resistance to British rule in the struggle for independence and today, it remains the principal source of livelihood andmaterialwealthandinvariablycarriesculturalsignificanceformanyKenyans.Itprovides the physical substratum for social and economic life.

Our history with regard to the land question is not only evidenced by weak land administration processes but also disparities in land ownership and conflict. It isagainst this historical context that land reform was acknowledged as a vital compo-nent of Kenya’s National Dialogue and Reconciliation (KNDR) process and the Land Reform Agenda as envisaged both in the CoK2010 and supportive legislations. Pursuant to the above, in late 2017, the Commission launched the Historical Land Injustice programme. The programme provides a clear road map for adjudicating present and historical land injustices.

Based on the programme, the Commission received 180 claims of historical land injustices and admitted them. In this regard, the court has resolved to forward to the Commission HLI claims perceived to be complex, Figure 3.14.


Figure 3.14 CommissionerDrSamuelTororeiandDr.RoseMusyokaflankedby Nandi County Governor addressing the press after the Commission launched

hearing of historical cases in Nandi County.

ThissystemhasprovedtobeefficientandeffectiveinaddressingHLIclaims.Figure3.15 provides a breakdown of the claims admitted by the Commission as per each county. A detailed table is provided in appendix 8.

Figure 3.15 Historical Land Injustices claims admitted by the Commission.


3.5.2 Evictions and Resettlement Law

Historically, in the Kenyan context, mass forced evictions have usually involved government projects or private developers claiming ownership of land on which settlements stand. Residents are evicted and homes demolished with little or no notice and no efforts to resettle or compensate residents. Families are thereforerendered homeless and many left without livelihoods when their small businesses aredestroyed.Documentedevidenceshowsthatforcedevictionsaffectthelive-lihoods of individuals and households and always have a devastating impact and sometimes loss of livelihood on individuals and households.

In 2015, the Commission developed “The Evictions and Resettlement procedures” manual which was ultimately enacted into law on 31st August 2016 vide the Land Laws (Amendment) Act. The evictions law in Kenya seeks to ensure that human rights are protected in cases of proposed or actual evictions. The Law requires that evictions can only proceed in accordance with the Act, in certain prescribed cir-cumstances and with due process.

3.5.3 Alternative Dispute Resolution (ADR) and Traditional Dispute Resolution (TDR)

In 2010, following promulgation of the new Constitution, the National Land Com-mission was tasked with promoting and encouraging the application of traditional methodsofdisputeresolutioninlandconflicts.Pursuanttothis,theCommissionhas developed an Alternative Dispute Resolution (ADR) Manual to guide the reso-lution of land disputes.

The ADR Manual is in essence a mechanism of solving land disputes out of court and without resulting to violence. The Manual describes the collective process-es or mechanisms that parties can use to resolve disputes rather than bringing a claim through the formal court structure and encompasses mediation, arbitration, negotiation, reconciliation, fact finding, expert determination and private judging.Thismanualhasbeeneffectiveinsettlementoflanddisputesbetweencommuni-ties, private individuals and institutions. This has also seen a drop in the nature of disputes referred to Courts for determination. The Commission has trained some officersinmediationsoastoenablethempromoteADReffectively.

For example, the Commission used ADR to resolve the long standing Kwa-Mbu-zi land dispute between the military and local communities in Nanyuki- Laikipia County. In this case, the Commission determined that the land belonged to Kenya Defence Force (KDF) and that no community is allowed to settle on the said land.

Traditional Dispute Resolution (TDR) is the process of finding a middle ground,agreeable resolution as a win-win situation, for two or more disputants over a par-


cel of land, drawing from the historical and life long experience that has been prac-ticedinaspecificorgeneralcommunity.InTDR,membersofthedisputeresolutionpanelbasetheirargumentsforfindinganacceptableresolution,beneficialtobothor all parties, on cultural practices. One key component of TDR is an agreement by all disputants on the applicability of traditional dispute resolution practices.

The nature of the land disputes handled by the Commissions’ county officesthrough TDR revolved around land ownership, boundaries and encroachment. A total of 5,009 land disputes have been handled. For example, in Machakos County, the Commission resolved the dispute between Kengen and Kivaa community on land ownership and encroachment.

The resolution of land disputes through TDR/ADR mechanisms has promoted na-tional cohesion and peaceful coexistence between communities. The Commission hascertifiedtrainedmediatorswhoarecapableinhandlinglanddisputes.

3.6 SUSTAINABLE MANAGEMENT AND USE OF LAND AND NATURAL RESOURCES

3.6.1 Establishment of Kenya Country Natural Resources Inventory and Data Base

Article 67 (3) of the CoK 2010, gives the Commission additional functions as pre-scribed by national legislation. There are numerous natural resources related leg-islationssuchastheLandAct2012thatgivetheCommissionspecificfunctionsre-garding natural resources management. In this case, section 15 (3) of the Land Act, 2012 empowers the Commission to undertake an inventory of all land based natural resources. The development of natural resources inventory is premised on the fact that lack of a coherent, systematic, up to date and reliable information relating to natural resources is scanty and fragmented within the various institutions. A robust and dynamic inventory and databases will therefore cure these mischiefs and pro-mote sustainable planning and informed choices and decisions about policies and management priorities.

Spatially, the Commission has collected and collated 60% of natural resources in-ventory data/information. The data has been collected in 23 counties out of the 47. The counties where natural resources data has been gathered and collated in-clude Kisii, Nyamira, Kisumu, Homabay, Migori, Siaya, Busia, Bungoma, TransNzoia, Kakamega. Vihiga, Nandi, Kericho, Uasin Gishu, Turkana, West Pokot, Baringo, El-geyo Marakwet, Nakuru, Kericho, Bomet, Narok, and Kajiado.


Natural resource data for the inventory and data base include water and wetland resources,minerals,energy,petroleum,animalresources,fisheriesandblueecon-omy resources, forestry and wildlife. This is aimed at providing credible and reliable data of the natural wealth for purposes of informed decision-making and planning both at the county and national level. The consolidation and collation of data and information relating to the natural capital was conducted by an Inter-Ministerial Technical Team (IMTTT) comprising of relevant government Ministries, Agencies, Departments (MDAs) and county governments with the Commission being the lead agency in the process.

3.6.2 Development of Kenya’s Natural Resource Atlas and Portal

Section 8 of the Land Act 2012 states that in managing public land on behalf of the national and county governments, the Commission shall identify public land, pre-pare and keep a database of all public land, which shall be geo-referenced. In order to communicate and disseminate information about Kenya’s diverse and rapidly changing natural resources, the Commission embarked on natural resources atlas development, as an information hub, that not only provides information on the cur-rent status, trends, threats and opportunities for their sustainable management and development but the atlas visually paints the picture using maps generated from Geographical information Systems (GIS) and Remote Sensing techniques.

As a Decision Support System (DSS), the atlas ( both soft/e-atlas and hard) is ex-pected to guide and promote sustainable development and sound conservation of Ecologically Sensitive Areas (ESA) that are public lands such as wetlands, coral reefs, and heritage sites. It provides visually-orienting maps, images, photographs, and statistics that depict the current status and contribution of specific resourc-es to the overall Gross Domestic Product (GDP) and improvement of community well-being. In addition, the atlas and portal (to be hosted by the Commission) per-mits links with other relevant sites where additional information and guidance can be obtained for purposes of informed planning and sustainable development.

The Commission developed a draft atlas of the country’s natural resources com-prising of eight chapters i.e. minerals and petroleum (the extractives), forestry andwildlife,water,wetlands,livestockandfisheries.Thismilestonewasachievedthrough multi-agency expert consultations and engagements and was supported by the Food and Agriculture Organization (FAO) of the United Nations within their LandProgrammethatisfinancedbytheEuropeanUnion.Section8(c)oftheLandAct 2012 mandates the Commission to share data with the public and relevant in-stitutions in order to discharge their respective functions and powers of managing public land. Figure 3.16 shows mineral resources as contained in the atlas.


Figure 3.16 Kenyamineralandoilresources


3.6.3 Development of Guidelines for Natural Resources Exploitation and Development.

The Constitution of Kenya 2010 has provided new impetus on the way natural re-sources are managed and used. It has further provided for concurrent jurisdiction between county and national governments in the management of such resources. However, conflicts emanating from lack of clarity/uncertainties regarding bene-fit sharing, transparency and accountability, revenue generation and public par-ticipation, have jeopardized sustainable exploitation and management of natural resources (which are and constitute public land), and by extension, impeded the development agenda and achievement of Kenya Vision 2030 as well as the BIG FOUR Agenda.

To provide clarity and streamline good governance of public land resources, the Commission is empowered by section 10 (1) of the Land Act 2012 to prescribe guidelines for the management of public land by all public agencies, statutory bod-ies and state corporations in actual occupation or use of public land. The develop-ment of guidelines for public land management therefore envisages sustainable and equitable land and resources management and development for posterity.

In this regard, the Commission has developed draft guidelines for natural resourc-es exploitation and development. The guidelines cover thematic areas of Water, Wildlife, Forestry, energy and mining /mineral resources and provide details of how consultations and public participation are to be conducted, prescribe revenue sharing protocols as well as gender considerations in mining and petroleum devel-opment. It is aimed at ensuring harmony and minimize natural resources related conflicts/disputes.

TheCommissionhasidentifiedandmappedEcologicallySensitiveAreasinKisumuand Mombasa Counties. This is in line with section 11 of the Land Act 2012 which aims to provide a database of the fragile ecosystems constituting public lands for purposes of instituting measures for their conservation and protection. These areas include hill tops, wetlands, lakeshores, rivers, swamps and other important archae-ological and heritage sites. Maps depicting these areas are available and were used to guide the respective county governments on sustainable management and pro-tection.

3.6.5 Secured Lamu Water Catchment Areas (sand dunes)

Privatization and commoditization of public land remain the biggest impediment to sustainable development and achievement of Kenya’s Vision 2030. The Lamu sand dunescompriseauniqueandrare-to-findwatercatchmentareasinthecountry.In-deed,thesearetheonlysourcesoffreshwaterinthisfreshwaterwaterdeficitcoun-tyattheKenyancoast.ThoughtheConstitutiondefinesallwatercatchmentareas


as public land under Article 62 (1) (g), the Lamu sand dunes ownership changed from this constitutional provision since most of the dunes are currently under pri-vate ownership regime with individual titles. Part of the land containing dunes has been developed with residential houses and hotels. It is this state of social cha-os and following formal complaint from Water Resources Management Authority (WRMA) to the Commission, that the urgency to secure and protect these fragile water catchment areas became imperative for public interest.

The Commission has demarcated, surveyed and mapped the Lamu sand dunes as well as held public hearings to determine legality and proprietorship of the pri-vate ownership documents held by various parties with a view to ensuring their protection for continued freshwater provision for the locals. Section 11 of the Land Act 2012 empowers the National Land Commission to identify Ecologically Sen-sitiveAreasthatarewithinpubliclandsanddemarcateortakeanyotherjustifiedaction on those areas and act to prevent environmental degradation and climate change. The Commission conducted reviews on grants and dispositions of Lamu sand dunes as public land in line with section 14 (1) of the National Land Commis-sion Act 2012 and Article 68(c) (v) of the Constitution on 1st and 2nd March 2017 at Lamu Fort, Lamu County. The reviews were undertaken with a view to establish propriety, regularity of procedures adopted in their acquisition and/or legality of Titles held by private individuals in respect to the parcels of land located within and adjacent to Lamu water catchment areas located at Shella and Kipungani areas. The titles were revoked and the land reinstated to public purpose. A total of 112 plots were found to be within the Lamu water catchment area/sand dunes cover-ing approximately 1,969.923 hectares of land that the Commission recommended the repossession, either through compensation or revocation. Figure 3.17 shows the Lamu sand dunes.

Figure 3.17 PhotoofLamusanddunes,theonlyfreshwatersourceforLamuIsland


3.6.6 Land Use Planning: Monitoring and Oversight Guidelines

TheCommissionprepared,publishedandlaunchedCountySpatialPlanning:mon-itoringandOversightGuidelines,UrbanLandUsePlanning:MonitoringandOver-sight guidelines, Leaders’ Guide to County Spatial Planning and Leader’s Guide to Urbanlanduseplanning,Figure3:18.Theseguidelinesprovideaguidetoplanningpractitioners and policy makers both at the National and county level on land use planning. They are tools of engagement between the Commission as monitoring and oversight agency and County governments as planning authorities.

Figure 3.18 ChairmanProf.SwazuriduringlaunchoftheLanduseplanningguidelinesinNandi.

3.6.7 Monitoring of Land Use Planning

TheCommissionundertookfieldvisitsto37countiestomonitorlanduseplanning.The counties are: Lamu, Mombasa, Kilifi, Kwale,TaitaTaveta, Uasingishu,Transn-zoia, Nandi, Elgeyo Marakwet, Baringo, Isiolo, Meru, Tharaka Nithi, Embu, Nyeri, Kirinyaga, Muranga, Nyandarua, Laikipia, Kiambu, Kakamega, Kisumu, Siaya, Vihi-ga, Homa -Bay, Migori, Kisii, Nyamira, Kericho, Bomet, Narok, West Pokot, Nakuru, Bungoma, Nyamira and Busia.

Themonitoringexercisesidentifiedkeychallengesinlanduseplanningatcountylevel. These include inadequate technical human resource capacity, inadequate financialresources,lackof/inadequateplanningequipmentandlegalgapsduetoexistence of contradicting legislation in land use planning.


The Commission shared monitoring reports highlighting the findings as well asrecommendations with the respective County Governments. The recommenda-tions included establishment of fully equipped county planning units, recruitment ofqualifiedtechnicalstaffsuchasplanners,surveyors,environmentalistsamongothers, allocation of adequate funds to planning function and establishment of GIS labs.Thisistoensurethatcountiesareabletoeffectivelyundertakeplanningfunc-tion to inform sustainable land management.

3.6.8 Strengthened Capacity for Land Use Planning in Counties

TheCommission identified inadequatecapacity inthecountiesaskeychallengefor the county governments in realizing their mandate in plan preparation, approv-al and implementation. To address this issue, the Commission collaborated with variousagenciestosensitizeandtraincountyofficialson landuseplanning.Thefollowing trainings and sensitizations were undertaken by the Commission.

i. Trained 20 county planners in collaboration with UN-Habitat and AICAD on county spatial planning.

ii. Sensitize and train Nairobi, Kakamega and Homa-Bay County Assembly Land Committees and county planners on land use planning processes, and mandate of county governments in planning in collaboration with the respective county governments.

iii. Sensitized County Executive Committee Members from Mandera, Wajir, Marsabit, Isiolo counties on county spatial planning in collaborated with International Livestock Research Institute (ILRI) and Frontier Counties Development Council (FCDC).

iv. Sensitized regional economic blocks on county spatial planning and im-portance of planning in regional development in collaboration with the Council of Governors.

3.6.9 County Spatial Plans and Urban Land Use Plans

The Commission reviewed and validated County Spatial plans for ten counties namely; Lamu, Kilifi, kericho, Baringo, Nyandarua, Uasin Gishu, Bungoma, Siaya,Makueni and Bomet. The Commission also validated urban land use plans for Gar-issa and Makueni Counties. For each of the plans, the Commission provided rec-ommendations on requisite actions to be undertaken by the respective counties to ensure that planning outputs meet set standards and guidelines.


3.6.10 Legislative Review Process in Land Use Planning

The Commission reviewed the proposed Physical Planning Bill 2015 and Physical Planning Bill 2017. The Commission prepared and presented memoranda on the two bills to the National Assembly and the Senate for consideration by parliament.

3.6.11 Review of the National Land Policy, 2009

The Constitution of Kenya, 2010 Article 67 (1) (b) and National Land Commission Act 2012 Section 5 (1) (b) mandates the Commission” to recommend a national land policy to the National Government”. Equally, the policy provides for a review after 10 years taking into account dynamics in the land sector.

It is upon this basis that the Commission initiated the formulation of a framework for review of the National Land Policy, 2009 (Figure 3.19). The framework is to rec-ommend to the National Government to undertake a comprehensive review of the land policy as well as provide a roadmap for the review.

Figure 3:19 ParticipantsduringtheNationalLandpolicyreviewworkshopinNakuru


3.7 DECENTRALISED LAND GOVERNANCE IN THE COUNTIES

3.7.1 The Constitutional and Legal Basis

Article 67(2) of the CoK 2010 and section 5(1) of the NLC Act 2012 enumerates the functions of the Commission. Pursuant to Article 6(3) of the CoK 2010 and sections 4(2) & 16(5) of the NLC Act 2012, the Commission has decentralized its services by establishingofficesinthecounties.By2014,inaccordancewiththeforgoingcon-stitutionalandlegalrequirement,theCommissionhadestablishedofficesinthe47counties. During 2014-2016, the functions of the Commission at the counties were executed through the County Land Management Boards. However, in September 2016, the boards were abolished through repeal of section 18 of the NLC Act 2012. TheworkoftheboardswastakenoverbythereorganizedNLCCountyoffices.Inaddition, the Commission could establish committees to carry out its functions in the counties as stipulated in section 16(1) of NLC Act 2012.

The Commission decentralized its functions to enhance access of its services and foreffectiveservicedelivery.

3.6.2 Decentralized Functions/Services

The decentralized units perform the following functions and recommend them for approval as appropriate;

i. Processing development applications that include;

a. Renewal and extension of leases

b. Subdivision and amalgamation of land

c. Change and extension of user

d. Approval of building plans

ii. Allocation of public land;

iii. Processing land ownership documents for schools and other public in-stitutions as well as regularization of land ownership;

iv. Resolution of land disputes;

v. Promoting awareness on the functions and mandates of the Commis-sion;

vi. Preparation of public land inventory;

vii. Identify and recommend parcels of public land for review of proprietor-ship;

viii. Linkages and partnerships with key stakeholders.


Counties have processed several applications as summarized in table 3.3 details of which have been elaborated elsewhere in this report. Detailed information on the achievements per county is presented in Appendix 5. However due to challenges relating to access of records, resources, litigations, double allocations as well as delayinobtainingsearches,theCommissionhasnotbeenabletofinalizealltheapplications.

Table3.3 Summaryofcumulativeachievementsatthecountyoffices

S/No. Key result area Performance indicatorsAchievements

/ results

1 Processing development applications

a) Renewal/extension of lease

No. of applications processed & recommended for approval

1,624

b) Subdivision/Amalgama-tion of public land


3,290

c) Change/extension of user


1,925

d) Approval of building plans

No. of applications processed 2,566

2 Allocation of public land No. of applications processed 6,346

3 Processing land ownership documents

No. of applications processed 65,231

4 Resolution of land disputes No. of disputes resolved 5,654

5 Preparation of public land inventory

No. of public land parcels iden-tified

72,935

6 Awareness/sensitization of NLC functions

No. of awareness sessions con-ducted

2,851

7 Identify and recommend par-cels of public land for review of proprietorship

No.ofparcelsofidentified&recommended for review

10,168

8 Linkages & partnerships with key stakeholders

No. of linkages & partnerships held

1,713

9 Stakeholder engagements (public participation)

No. of engagements held 908


3.8 ADVISORIES ISSUED BY NATIONAL LAND COMMISSION

TheCommissionofferedseveraladvisoriesinensuringproperlandgovernanceassummarized in Table 3.4.

Table 3.4 Advisories Issued by National Land Commission

Advisory Agency to Year

Conservation and management of identified and otherecologically sensitive habitats and ecosystems in the County.

Kisumu County Government

2018

An advisory regarding a petition by the Government of Kisii to annex parts of Nyangweta Forest for the estab-lishment of a sugar Factory. This matter has also been internally presented to the Committee on Land Admin-istration for further deliberation

Parliamentary Committee on Land

2017

An advisory regarding the planned allocation of Yala Swamp, an ecologically sensitive area and biodiversity hotspot. The Advisory was sent to Siaya County Govern-ment to discourage the planned allocation. This Halted/aborted planned allocation of Yala swamp to private in-dividuals by the County Government of Siaya.

Siaya County Government

2016

An advisory regarding Development on Chalbi wetland, Nairobi County. This was sent to Nairobi county govern-ment, to ensure that the proposed development within the wetland does not compromise the ecological char-acter and integrity of the ecosystem.

Nairobi County Government, NEMA, WRMA and MoLPP

2016

Kobala biogas project in Homa -Bay County; Adviso-ry was written and sent to the County Government of Homabay to provide an integrated Environmental and Social Impact Assessment of the planned biogas plant that was expected to be installed in a community land.

Homa Bay County Gvernment

2016

An advisory regarding development on Plot No’s 209/4904 and 209/4905 along River side drive, Nairo-bi County to discourage development within a wetland area.

Nairobi County 2015

An advisory regarding the proposed degazzettement of Wayu forest (by the National Assembly, Committee on Land and NR) in Tana River County. The advisory sought to discourage the planned degazzettement of the Wayu forest, some of the remnant forests in the dry lands of Tana River providing important benefits for enhancingresilient communities and environment. This halted the degazzettment of the forest.

Parliamentary Committee on Land

2016


Advisory Agency to Year

Advisory to the Ministry of Lands and Physical Plan-ning, State Department of Urban Development Council of Governors and County Governments on the legal framework for land use planning

MoLPPState department of Urban DevelopmentCOGCounty Govern-ments

2016

Mushrooming of petrol service stations along highways. State Department of Energy and Petro-leum ERCNEMAKeNHACOG

2016

The legal framework for land use planning. MoLPP State Department of Urban Development Council of Governors & County Govern-ments

2016

Initial advisory to review of the National land Policy Framework

National Govern-ment

2018

An advisory to non-citizens holding freehold and leases ofmorethan99yearstosurrenderthemforrectificationin accordance with Article 65 of the Constitution

Non-Citizens 2015

3.9 RESEARCH ON LAND AND NATURAL RESOURCES

The Commission embarked on research on land and addressed various thematic areasasoutlined:

1. Research Compendium of Land Matters in Kenya (2017). Research advi-sory based on empirical research and cited as a basis for priority in re-search and land policy implementation throughout Kenya.

2. Riparian Lands Conservation and Management policy framework (2017/18). Recommendation to the Government to coordinate manage-ment of Riparian Land in consultation with stakeholders. NEMA and all County governments

3. Youth and Land in Kenya (2017/18). Recommendations to the ministry of Gender and Youth; African Union- Youth program and County govern-ments


4. Insecure Land Rights. The effects of early land adjudication on land and property markets (2017/18). Recommendations on secure land tenure rights – MoLPP and County governments

5. Mapping land and conflicts in Kenya (2017/18). Recommendations to Government Ministries and the NCCC

6. Participation in the Transparency International research on the bribery Index:‘Land and Corruption in Kenya and Women and Land Corruption in Kenya’

7. Minimum and Maximum Land Holding sizes in Kenya (2016): In partnership with Institute of Survey of Kenya. Recommendations shared with MoLPP

8. Implementation of the Principles of Land Management as envisaged in the Constitution (2016/17). To Presidency Team on implementation of the Constitutional values

9. Publication ‘Gender and Land Rights’. Gender and Land Rights research done together with stakeholders to address gender and Land rights (2016). Recommendations to NGEC

10. Exploring the Status of settlement schemes in Kenya. In response to the Big4Agendaspecific:FoodSecurity.RecommendationstotheGovern-ment agencies e.g. Ministry of Agriculture and the County Governments.

11. ResearchPublication:Know your Land rights to inform Citizens on matters land (2016).

12. Research Publication: Increasing the Bundle of Land Rights for Schools in Nyeri, Trans-Nzoia, and Kericho Counties this was status report on Schools with titles and the recommendation to the government to fast track securing schools while protecting land tenure and property rights for schools.

13. Publication:Situational analysis focusing on research areas per county to guide the Commission on research areas in the counties.

3.10 INSTITUTIONAL STRENGTHENING

For the last 6 years, the Commission has been developing capacity to enhance efficiencyandtransparency inservicedelivery.Overthisperiod, theCommissionmaintainedastrongandskilledhumancapital;ICTandprudentfinancialmanage-ment practices. The Support Directorates consists of Finance and administration; ICT; Human Resource management, Audit & Risk, Legal & Enforcement, Supply ChainManagementandCommunication,CorporateAffairs&Advocacy


3.10.1 Information and Communication Technology

The Commission was vested with various functions amongst them was to harness technology, Management of ICT Infrastructure and define ICT strategy whichincludes implementation of technical projects in alignment with its organizational goals. The Commission has harnessed technology in its operations by achieving the following milestones during the six year period;

a) Creation of a website

The Commission developed and rebranded its website (www.landCommis-

sion.go.ke) with an objective of keeping its stakeholders more informed about various activities the Commission.

b) Setting up Computing and Networking Infrastructure

The Commission managed to setup its computing and networking infrastruc-ture which enabled the PLIS and other integrated systems to function and manage public land data (support).

c) Automation of Commissions processes

The Commission has automated its functions and processes through development and implementation of an integrated System. As a result the systembringseffectiveandefficientservicedeliverytothemembersofthepublic who can access information regarding public land records and services throughaninteractiveonlineportal.Table3.5: Illustratesthecompositionofthe integrated modules

Table 3.5 AutomatedmodulesofHRMSandintegratedsystem

S.No. Intergrated Systems

1 HR. Job management

2 HR. Recruitment

3 HR. Leave management

4 HR. Training

5 HR. Succession Planning

6 HR. Performance Management

8 Transport management

9 HR Employee management

10 Separation Module

12 Disciplinary management

13 Electronic Document Management System (EDMS)

14 Customer Relationship Management(CRM)

15 Geographical Information System (GIS)


3.10.2 Human Resource Management and Development

The Commission continued to create an enabling work environment for optimal staffcontributiontothedeliveryoftheCommission’sgoalsandobjectives.Indo-ing this, the Commission continually played the role of a strategic partner with the other Directorates and Departments to contribute to business decisions, advice on critical transitions, and develop the value of the employees. The following are the achievements:

a) Declaration of National Land Commission as a Public Service

The Commission embarked on the journey to have Commission declared a ‘PublicService’forpurposesofpensioninordertofacilitatetheaffectedstaffto Transfer their Service to the Commission and at the same time have their retirement income at Director of Pension protected. The service rendered to the National Land Commission was declared and determined to be a ‘Public Service’undersection2ofthePensionsActCap.189witheffectfrom1st July,

2017.

b) Establishment of National land Commission Staff Retirement Benefits

Scheme.

TheCommissionestablishedaDefinedContributionStaffRetirementBenefitsScheme. In this scheme, an employee contributes ten percent (10%) of his/her basic salary whereas the employer (NLC) contributes twenty percent (20%) of the employee’s basic salary.The first Pension contributions commenced inthe month of July, 2018.

c) Conversion of Staff Employment Terms from Contract to Permanent & Pen-

sionable.

The Commission converted the terms of employment of all eligible stafffrom contract to permanent and pensionablewith effect from 1st July, 2018 after meeting all statutory requirements such as Registration of the Pension SchemewithRetirementsBenefitsAuthority,RegistrationwithKenyaReve-nue Authority for Income Tax Exemption and Declaration of NLC as a Public Service for Purposes of Pension.

d) Formation of Human Resource Committees

The Directorate has (7) standing Human Resource Committees. The Commit-teesweresetupwithcleartermsofreferencetofacilitateefficient,effective,and transparent service delivery and emerging/contemporary issues. The Committees are listed below;


1. Performance Management Committee

The key driver of Performance Management in the Commission is the Performance Management Committee with Human Resources (HR) Directorate providing the secretariat. The focus of the committee is to contribute to the success of the Commission. Other HR activities such asHRPlanningandAnalysis,Recruitment/Staffing,staffdevelopment,compensation/BenefitsandEmployeeRelationsundertakeninlightofstaffperformance.

2. Commission Training Committee

The Commission recognizes the need for Training and Development of allemployees.Itthereforeofferstrainingopportunitiestoallitsemploy-ees in order to improve their work performance and personal develop-ment. Training ensures improved performance, competencies, knowl-edge, skills and attitudes including etiquette. The committee considers trainingrequestsfrommembersofstaffandapprovesthesameusinga set criteria.

3. StaffWelfareCommittee

The main function of the committee is to manage the monthly staffcontributions inordertoassiststaff/family incaseof theunfortunatedemiseofstaff,spouse,childorparentandotherstaffwelfarerelatedmatters.

4. Gender and Persons living with Disability Committee

The Committee ensures that Human Resource systems and policies are gender and disability sensitive and responsive. The Committee also en-suresintegrationofgenderanddisabilityindicatorsintostaffobjectives,accountabilities and performance management systems. In conjunction with stakeholders, it creates awareness on disability and Gender issues fortheCommissionstaffintheHeadquartersandintheCounties.Italsoundertakes capacity building e.g. resource mobilization, training, provi-sion of information and networking to strengthen pursuance to gender equality and disability friendliness.

5. HIV & AIDS and Alcohol & Substance Abuse Control Committee

The Commission being cognizant of the noble responsibility of facili-tatingequitableandsecureworkingenvironmentforallstaffstrivestoeliminate all forms of discrimination including HIV & AIDS and substance Abuse at thework place. In an endeavor to fight the above pandem-ics, NLC has established and inaugurated HIV and AIDS Alcohol and Substance Abuse Committee that is charged with the responsibility of empoweringstafftomakechoicesaboutHIVpreventionandsubstance


abusecontrolsothattheycanprotectthemselves,fellowstaffandtheirloved ones.

6. Occupational Safety & Health Committee

The Commission is responsible for, and committed to, providing a safe work environment for all its employees. Promotion of safe working con-ditions and compliance with regulations are key components of health and safety in the work place. Therefore the committee was inaugurated to help mitigate accidents, diseases and injuries by way of eliminating hazards at the work place.

7. House Mortgage and Car Loan Committee

TheCommissionhasestablishedandoperationalizedstaffcarloanandhouse mortgage schemes. The Schemes are managed and adminis-tered according to the guidelines provided by Salaries and Remuner-ation Commission (SRC) and The National Treasury. National Bank of Kenya has been appointed by the Commission to manage and admin-ister the funds.Therefore the work of the committee is to consider loan applications and to approve the same using a set criteria.

e) Implementation of Performance Management

The Commission has established and automated a staff PerformanceAppraisal System (PAS). Through the PAS, Commission evaluates how well employees perform their jobs in relation to set of criterions and pro-vides feedback to individual employees on their performance.

f) ProvisionofStaffInsuranceCovers

The Commission has a comprehensive medical insurance cover for Commissioners, secretariat staff and their dependants. Further, theCommission has covered its employees in the area of Group Personal Accident,Work Injury BenefitsAct and Group Life.This has served toensure that the Commission has a healthy and motivated workforce.

g) Development of Succession Planning Policy

The Commission has developed a draft Succession Planning Policy. The policyshallguidetheCommissionintheidentificationofjobvacanciesthat are expected to occur through retirement, resignation or natural at-trition. In addition, the Policy shall aid management in applying strategic considerationsofwhereandhowinternalcandidatesmightfillthoseva-cancies. In a nut shell, the succession policy will aid the Commission in assessing job requirements and skills of existing employees and then seeking to fill the gaps between needs and skills by way of targetedtraining and other developmental activities.


h) OperationalizationofNLCStaffBenevolentFund

The National Land Commission family has grown in leaps and bounds and currently boasts of a staff compliment of 466. This number hascomewithitsownuniquechallengesandofnotableimportanceisstaffwelfare issues. In an endeavor to address this challenge, the Commis-sioninconsultationwithitsstaffhasestablishedacontributorywelfareschemetosupportstaffintheeventofdeathofmemberandimmediatefamily members, weddings, birth of newborns and accidents causing permanent disability amongst others. Additionally, the Commission sup-plementsthecontributionsmadebystaffthroughthewelfareschemesintheeventofdeathofstaffandimmediatefamilymembers.

i) Mainstreaming of cross cutting issues

Mainstreaming of cross-cutting issues in the Commission is undertaken through ensuring that all activities and initiatives have positive effectson issues such as Combating Corruption, HIV&AIDS, Drug& Substance Abuse,GenderandPersonsLivingwithDisabilitiesandstaffsafety.TheCommission has institutionalized the fight against HIV & AIDS, Drug&Substance Abuse and to support Gender, to guarantee staff safetyandtoaddressmattersaffectingpersonswithspecialneeds.TheCom-mission has established Committees in each of these thematic areas to oversee the implementation of the cited issues.

j) CapacitybuildingforCommissionersandSecretariatStaff

The Commission recognizes the need for training and development of allemployees.Ittherefore,offerstrainingopportunitiestoitsstaffinor-der to improve their work performance and to guarantee their person-al development. It provides training to staff based on approved train-ing plans that are arrived at after rigorous Training Needs Assessment (TNA). Therefore, the Commission facilitates comprehensive training for Commissionersandstaff.Thetrainingequipsmemberswiththerequi-site skills required for carrying out duties diligently.

k) Recruitment and establishment of secretariat

TheCommissionhasrecruitedanumberofqualified,dedicated,knowl-edgeableandenergeticteamoftopmanagementandstaff.StaffCom-pliment currently stands at four hundred and sixty six (466) against an approved staff establishment of one thousand one hundred and fortytwo(1142)staff.TheCommissionbelievesthatthecurrentteamofstaffshall serve to ensure that there is continuity in the delivery of its man-dates.The Composition of staff in the Commission is quite diverse as


gender and regional balance in compliance with Articles 10 and 232 of the Constitution. However, staff complement in the Commission hasbeen declining over the years owing to natural attritions coupled with non-replacements. The repealing of section 18 of the National Land Commission Act, 2012 saw the abolishment of County Land Manage-ment Boards (CLMBs).

k) Directorates,DepartmentsandStaffComplement

The Directorates and Departments are composed of Human Resource Management & Development Directorate, Communication & Corporate Affairs Directorate, Finance &Administration Directorate, LandAdmin-istration Directorate, Geo-Informatics Management Directorate, Land Use Planning Directorate, Land Valuation and Taxation Directorate, Le-galAffairs and Enforcement Directorate, Research Directorate, NaturalResources Management Directorate, Information and Communication Technology Department, Audit and Risk Management Department, Supply Chain Management Department and forty seven (47) County co-ordination offices. The current staff complement per Directorates andDepartments is as indicated in the Table 3.6.

Table 3.6 Directorate/UnitGenderAnalysisbynumber

S/No Directorate/Unit Male Female Total

1 CEO’sOffice 3 2 5

2 Communication&CorporateAffairs 5 6 11

3 Finance & Administration (includingStaffattachedtoCommissionersOffices,DriversandOfficeassistants)

47 35 82

4 LegalAffairs&Enforcement 10 9 19

5 Human Resource Management 7 6 13

6 Natural Resource Management 2 3 5

7 Land Use Planning 4 5 9

8 Land Administration 26 17 43

9 Research 0 5 5

10 Valuation & Taxation 9 7 16

11 Geo Information Management 14 10 24

12 Supply Chain Management 4 4 8

13 Information Communication Technology 9 3 12

14 Risk & Audit 4 0 4

15 Counties 102 108 210

Total Staff 246 220 466


The Commission has 220 female employees (47%), and 246 male employees (53%), which is within the Constitutional requirement on gender balance as indicated in Figure 3.20 and statistics are outlined in Table 3.8.

Figure 3.20 Staffgendercomposition

3.10.3 Supply Chain Management Processes

The Supply chain department is guided by, Public Procurement and Asset Dispos-al Act, 2015, Regulations 2006, Legal Notices, Supplies Practitioners manual 2007, Various Executive Orders among other laid down procedures. Supply Chain Man-agement Function has the following Core responsibilities;

1. Procurement Planning

2. Procurement Processing

3. Contract Management

4. Asset and Inventory Management

5. Disposal of Assets

The Commission ensured that procurement procedures established under the Public Procurement and Disposal Act, 2005, Public Procurement and Asset Dispos-al Act, 2015 and Regulations were complied with and that procurement was done within the approved budget of the Commission. This was realized through estab-lishment of the procurement department.

Thefollowingactivitieshavebeenachieved:

Male53%

Female47%

Staff Gender Composition

Male

Female


(i) Annual procurement plan

The Commission prepares annually, a procurement plan which guides the procurement process. This plan considers what is to be procured (Goods, Works or Services), which method of procurement to be used based on reg-ulated thresholds, allocation to special groups (Youth, Women and People Living with Disabilities) and when procurement will be conducted.

(ii) Standing list of Registered/prequalified suppliers

The Commission has established periodical standing lists of pre-qualifiedsuppliers who are invited to submit tenders and/ or quotations for supply of goods and provision of services to the Commission to enable it achieve its mandate.

(iii) Development of Procurement policy and procedures manual

The Commission has developed a draft Public Procurement policy and pro-cedures manual in order to guide employees and management in decision making in accordance with the Public Procurement and Disposal Act and Regulations.

(vi) IFMIS and G-Pay adoption

The Commission has fully adopted the National Government Financial Man-agement Information System (IFMIS) and Internet Banking. This has fostered compliance to best practices for financial management in the Commissionthereby minimizing hardware requirements.

3.10.4 Physical Facilities

The Commission is domiciled at Ardhi House, ACK Garden Annex and within all the 47counties.Theofficespremisesareeasilyaccessibletomembersofpublic.

To ensure security, the offices at the Commission headquarter are monitoredthrough CCTV cameras and access is through an electronic biometric system.

In future there is need for the Commission to acquire its own building within prox-imity to Ardhi house so that all Commission operations are conducted from the same roof .This shall lead to lean processes due to avoidance of unnecessary movements, time wastage and consolidated span of control. There is also need to acquireownofficespaceinallthe47Counties.

The Commission has 24 Vehicles that serve the head quarter and the 47 counties. However these are inadequate to serve the entire country. There is need to acquire amotorvehicleforeachCountyofficetoenhancemovementandsavecostsonoutsourcing of car hire services.


606,000,000

1,535,000,000 1,529,000,000

1,370,000,0001,307,000,000

1,410,000,000

0

200,000,000

400,000,000

600,000,000

800,000,000

1,000,000,000

1,200,000,000

1,400,000,000

1,600,000,000

1,800,000,000

Am

ou

nt

in K

ES

Financial Repporting Period

Approved Annual Budgetary allocation

2013-14 2014-15 2015-16 2016-17 2017-18 2018-19

3.10.5 Financials

Commission’s approved annual budget

The Commission prepares annual budget based on the annual work plans. The budget is then submitted to The National Treasury for consideration and subse-quent approval process that is eventually submitted to the National Assembly. Ta-ble 3.7 and Figure 3.21 shows the approved budget during each of the last Financial Years:

Table 3.7 ApprovedAnnualBudgetaryAllocation(RecurrentandDevelopmentExpenditure)

Financial YearApproved Recurrent

BudgetApproved Develop-

ment BudgetApproved Total

Budget

2013-14 606,000,000 Nil 606,000,000

2014-15 1,093,000,000 442,000,000 1,535,000,000

2015-16 1,240,000,000 289,000,000 1,529,000,000

2016-17 1,267,000,000 103,000,000 1,370,000,000

2017-18 1,134,000,000 173,000,000 1,307,000,000

2018-19 1,260,000,000 150,000,000 1,410,000,000

Figure 3.21 ApprovedTotalAnnualBudgetaryAllocation

Figure 3:18, the approved budgetary allocation for the Commission has been indecline since FY 2014/15. This is despite the increased activities at the Commis-sion especially due to the accelerated compulsory acquisitions for infrastructural projects.


442,000,000

289,000,000

103,000,000

173,000,000150,000,000

0

50,000,000

100,000,000

150,000,000

200,000,000

250,000,000

300,000,000

350,000,000

400,000,000

450,000,000

500,000,000

2013-14 2014-15 2015-16 2016-17 2017-18 2018-19

Am

ou

nt

in K

ES

Financial Year

Development Budgetary allocation

TheDevelopmentBudgethassignificantlybeenreduced,asabulkoftheCom-mission’s approved budget is mostly concentrated on recurrent expenditure, this hasgreatlyaffectedtheactivitiesoftheCommission.Figure3:22illustratesthede-creasing budgetary allocations for development expenditure.

Figure 3.22: Approved Development Budgetary Allocation

Figure 3.23 shows the actual expenditure for the financialyear 2013/14, 2014/15,2015/16 and 2016/17 and 2017/18. The incline in expenditure from FY 2013/14 to FY 2015/16isattributedtotheadditionalstaffrecruitmentduringtheperiodandhencehigh recurrent expenditure. In addition to a development expenditure for the imple-mentation of the Land Information System. The subsequent decline in expenditure was due to austerity measures by the national Treasury that resulted into budget cuts during end after the electioneering period.


516,000,000

1,237,000,000

1,475,000,000

1,358,000,000

1,099,000,000

0

200,000,000

400,000,000

600,000,000

800,000,000

1,000,000,000

1,200,000,000

1,400,000,000

1,600,000,000

Actual

Am

ou

nt

in K

ES

Financial Reporting period

Actual Annual Expenditure

2013-14 2014-15 2015-16 2016-17 2017-18

Commission’s actual expenditure

Figure 3.23 Actual annual expenditure

Comparison between budget requested and approved budget

Table3.8andFigure3.24highlightsthedifferencebetweenwhattheCommissionplans for in its annual work plans (KES) vis-à-vis how much it actually receives from treasury. The huge disparity especially during FY 2015/16, 2016/17 & 2017/18 af-fects the operations of the Commission in achieving its mandate. FY 2012/13 the Commission budget was with the MoLPP which was Ksh.120, 000,000.

Table3.8 Statistics on money disbursed and the budget requested

Financial YearNLC Budget as

RequestedApproved Budget

Budget Deficit/ Shortfall

2013-14 606,000,000 606,000,000 Nil

2014-15 2,590,160,000 1,535,000,000 1,055,160,000

2015-16 4,222,631,142 1,529,000,000 2,693,631,142

2016-17 9,822,200,000 1,370,000,000 8,452,200,000

2017-18 6,884,000,000 1,307,000,000 5,577,000,000

2018-19 5,228,000,000 1,410,000,000 3,818,000,000

TOTAL 29,352,991,142 7,757,000,000 21,595,991,142


606,000,000

1,535,000,000 1,529,000,000 1,370,000,000 1,307,000,000 1,410,000,000

2,590,160,000

4,222,631,142

9,822,200,000

6,884,000,000

5,228,000,000

0

2,000,000,000

4,000,000,000

6,000,000,000

8,000,000,000

10,000,000,000

12,000,000,000

2013-14 2014-15 2015-16 2016-17 2017-18 2018-19

Approved Budget NLC Budget Requested(As per The approved Workplan)

Figure 3.24 Comparisonbetweenmoneyallocatedandthebudgetrequested.

3.10.6 Resource Mobilization

The Commission, just like most other government departments has for a long time continuedtoreceiveinadequatefinancialallocationfromtheNationalTreasury.Theavailable allocation has continued to decrease over time thereby occasioning a financialchallengetotheCommission.Thishashadtheeffectofslowingdownim-plementation of planned activities with the net result being a slowdown in service delivery and in the realization of the mandate of the Commission. This situation thereforeforcedtheCommissiontoseekalternativesourcesoffundingtofillthegap in its budget.

A number of partners were able to extend assistance to the Commission since in-ceptionandthiscameinvariousformsincludingfinancial,technical,materialandin-kind. Those organizations include the following;

1. Food and Agriculture Organisation of the United Nations (FAO)

2. County Governments

3. World Bank

4. United Nations Human Settlement Programme (UN-Habitat)

5. U.S. Agency for International Development (USAID)

6. Swedish International Development Cooperation Agency (SIDA)

7. Deutsche Gesellschaft Fur Internationale Zusammenarbeit (GIZ)

8. Kituo Cha Sheria (KCS)

9. Kenya Land Alliance (KLA)


10. World Vision Kenya (WV)

11. Action Aid Kenya

12. Oxfam Kenya

13. Muslims for Human Rights (Muhuri)

14. Haki Africa

15. World Wide Fund for Nature (WWF)

16. ACTION in Community Through Service (ACTS)

17. ResourceConflictInstitute(Reconcile)

18. ILRI – International Livestock Research Institute

19. FHS – Freidrich Ebert Stiftung

One of the well-known and fruitful partnerships is the NLC/FAO project which has nowbeenscaleduptoanewfiveyearprojectfromtheearlierpilotproject.Thepilotprojecthadfive(5)outcomesallofwhichweredeliveredtothesatisfactionof donor, FAO. A new Toyota Land Cruiserwas donated to the Commission through the project.

3.10.7 Audit and Risk Assessment

Development of operational policies and manual

The Commission has developed draft processes and procedures documents to guide its operations. The ultimate goal of the processes and procedures is to pro-vide the Commission and its stakeholders with a clear and easily understood plan of action required to carry out or implement a policy.

Internal Audit Charter:

TheCommissionhasputinplaceanInternalAuditCharterthatdefinesthere-porting structure, authority and function of the internal audit at the Commission.

Quarterly Audit Reports:

The Commission deliberated on quarterly reports whose recommendations contributed to the improvement of the Commission’s internal control system.


3.11 PUBLIC PARTICIPATION, ADVOCACY & PARTNERSHIPS

3.11.1 Introduction

Public participation is a key principle under article 10(2 of the Constitution. Similarly the Land policy has embedded citizen participation as an integral component of the land reform agenda. Given the huge mandate bestowed upon the Commission by the Constitution of Kenya and the various land laws, it was necessary for the Commission to engage both Government and non-Governmental agencies in all its activities (Table 3.8). The Commission supports inclusive multi stakeholder part-nerships, which are critical because it is increasingly clear that no one sector, can deliver complexities of sustainable development alone.

The strategic partnerships supported best practices and essential in achieving Vi-sion 2030 and the Government of Kenya big four agenda. Additionally, the land-scape of financing is evolving at the international and national levels; and is nolongerdependentupontraditionalfinancingpartners.

3.11.2 Public Participation: Awareness/Sensitization on Land Matters

In the process of delivering services to the public and developing of guidelines andadvisories,theCommissioninvolveddifferentstakeholdersattheNationalandcounty Level including the County executive, the County Assemblies and other County development Committees. The Community was reached through public Barazas, organized conferences and workshops with representatives of Faith based Organizations (FBOs), Community Based Organizations (CBOs), women groups and People living with disabilities (PLWD).The Commission sensitized the public through land clinics, land forums, dialogues, county investment conferences and symposiums, trainings, and dissemination of thematic IEC materials.

In enhancing public participation in legislation and policy formulation process the Commission sensitized Land Committees of the following county assemblies on Land use planning, land administration and natural resources; Nairobi, Turkana, Tana River, Taita Taveta, Baringo, Mombasa, Lamu, Kwale, Kitui and Homa-Bay. In total the Commission conducted 5,275 public awareness and stakeholder engage-ment sessions over the six year period. The public engagement sessions led to improved understanding of land rights, processes and procedures for sustainable land management.

3.11.3 Partnership with Development Partners and Land Non State Actors

The Commission prioritized Stakeholder engagement and collaboration to meet continuedoverwhelmingdemandforefficientserviceinthelandsectorindiverse


ways: civic education and engagement forums, collaborations, partnerships andmeetings/workshops with implementing agencies, County Government’s part-nership, Independent Commissions partnerships and through media (Figure 3.22). These initiatives have resulted in raising NLC’s visibility among Counties; investors; land stakeholders and the citizenry in general. For example in partnership with Food and Agriculture Organization (FAO) the Commission is implementing a project to support land and Natural resources Governance in communal lands of Kenya. Other key partnerships forged include;

i. Signed Memorandum of Understanding with Fredric Ebert Stiftung (FES) towards development of an advisory to the National Government on comprehensive programme for registration of titles in Land in line with Article 67 (2)(c) of the constitution.

i. Collaborated with ACT!, Reconcile, Nandi County Government, Food and Agricultural Organization of the United Nations (FAO), and World Wide Fund for nature (WWF) in development and Launching of Land usePlanning:Monitoringandoversightguidelines.

ii. In Collaboration with UN-Habitat and AICAD, conducted training of county planners on County Spatial Planning.

iii. The Commission collaborated with GROOTS Kenya and Murang’a Coun-ty Government towards development of a county public land inventory using a community-led mapping process.

iv. Publication, ‘Know your Land Rights’ (2015) a partnership on land rights awareness between the NLC and Kituo Cha Sheria and ‘Women and Land Rights’ (2017), in partnership with FAO .

v. In partnership with Action Aid and World Vision Kenya the Commission sensitized MCAs and CLMB members from Baringo County on policy formulation (September 2015).

vi. MUHURI and Haki yetu NGOs supported training of defunct CLMB members from Kilifi, Kwale, Lamu, Tana River and Taita Taveta in De-cember 2015 and Machakos, Kitui, Isiolo, Kajiado and Makueni counties in May 2016.

vii. In partnership with Kituo Cha Sheria conducted an annual Land and leadership symposium for Coast region in the year 2016.

viii. The Commission in Partnership with CSOs participated in a Multi-stake-holder initiative dubbed Kilimanjaro Women Land rights-a platform to advance secure land rights for Women and other vulnerable groups in the year 2017(on going).


ix. In partnership with Fredric Ebert Stiftung (FES) conducted a workshop on the role of Media in Land and mining rights advocacy (2018). Appen-dix 9 Summarized Areas of collaboration during the period

Figure 3.25 DelegationfromZimbabweLandCommissionwhentheyvisitedtheCommission

Table 3.8 MatrixofPartnerships&Engagements

Ministry/Agency/Organization

Ministry of Lands and Physical Planning

County Governments/COG

Parliamentary CommitteesDepartmentalCommitteeonLand:Senate;NationalAssemblyBudget and Appropriation Committee

National Cohesion and integration Commission

OfficeoftheAttorneyGeneralandDepartmentofJustice

EACC, CID, Police & Judiciary

Kenya Law Reform Commission

Kenya National Commission on Human Rights

National Gender Commission

Commission on Administrative Justice

KenyaNationalAuditOffice(KENAO)


Ministry/Agency/Organization

Kenya Ports Authority

Kenya Wildlife Service

Kenya Railways

Kenya National Highways Authority

Kenya Power and KETRACO

Professional bodies in Kenya

Universities (Local and International)

Development Partners (FAO,UNDP,WWF,FES)

CSO’s-ActionAid, KLA, Reconcile, Groots Kenya, Kenya Human Rights Commission, ACT, Transparency International, FES, Haki Jamii, Pamoja Trust, FIDA, RRI, Kituo Cha sharia, MPI-DO, Haki Yetu, MUHURI among others

PP Initiatives (e.g. ASK Shows, Land clinics)

The Media

3.11.4 Participation in Multi-Agency Taskforces, Committees, Working groups and Boards.

The Commission participated in following;

Member Mineral Rights Board

Taskforce on Fluorspar Mining-

Taskforce on Renewal and extension of leases,

Taskforce on Land Laws regulations, Land Act, Land Registration Act and Land Commission Act.

Taskforce on restoration of Lake Kapnarok in Baringo County

Taskforce on Ogiek African Court ruling in Mau Forest

Grievance Management Committee for oil prospection, exploration in Turkana County.

Taskforce on Development of National Water Master Plan

Technical committee member in the development of the National Water Policy.

Taskforce on Kishushe Mining in Taita Taveta county

Taskforce on quarrying

Technical Committee member, implementation of the Wildlife corridors and dispersal areas conservation project


Core team member/strategic partner in the Ministry of Mining commit-tee to develop the country’s mining vision/strategy

Board member Export Processing Zone Authority

Member Intergovernmental Relations Technical Committee (IGRTC)

Member platform for Land state and Non state actors

Taskforce on e-conveyancing

Taskforce on Evictions and Resettlement.

Taskforce on Historical Land Injustices Bill

Taskforce on Land Value Index.

Member, Multi agency Public School Titling working group

3.11.5 Regional Collaborations

The Commission has been active at the continental level mainly through learning visits to other African Land Commissions and other regional fora. During the six year period the Commission received four (4) delegations from African Land Commis-sions and Government delegations. The Commission Participated in Regional fo-rums on land. A case in point is participation of the Commission in an African Union Land Policy initiative-a first continental meeting of allAfrican Land Commissionsin Accra Ghana .A delegation of Zimbabwe Land Commission ZLC) also visited the Commission for the purposes of benchmarking.

The Commission played a big role in formation of a Multi-stakeholder Platform on Women’s Right to Land. This platform comprises Government agencies, UN insti-tutions, CSOs and women living in rural areas. This culminated in a regional confer-ence in Arusha Tanzania.

3.11.6 Global: The World Bank Poverty Conferences

The Commission focus on embracing better land governance was elevated by its attendance of the World Bank Conference on ‘Land and Poverty’, from 2014 and an-nually held in Washington DC where the Commission presented papers on various thematic areas related to Land Governance and poverty.

3.11.7 Relationship with the Media.

Since its inception the Commission received unprecedented media coverage over the years in local, regional and international media. The coverage included a series of comprehensive radio and television interviews conducted with the Commission-ers, CEO and County Coordinators. The increased media engagement has given


the Commission opportunities to engage with the public and allowed the Commis-sion to provide in-depth insights on land reform, better land governance, equitable land rights and devolution in Kenya.

3.11.8 Recognitions and Awards

The Commission was recognised and awarded for its immense contribution to the Land Reform Agenda by various actors. For example in 2014-2018 the Town and County Planners Association of Kenya awarded the Commission with town award for excellence.

FiRe Awards Gala 2015

The Commission received its inaugural Financial Reporting (FIRe) awards in a ceremony and gala dinner held on Friday 23 October 2015, at the Windsor Golf Hotel and Country Club. The event, which attracts many corporate entities, had over 500 entries from the public sector alone.

The Commission was Best in the Ministries, Departments & Agencies Cate-gory, IPSAS Cash Category and 1st Runners up in the Best Public Sector Entity Category).

Integrity Champion Awards

The Commission was awarded Integrity Champion Awards which took place on 9th December 2015 at Central Park under the theme, “Celebrating Whistle-blowers and Integrity Champions”. The Commission has relentlessly demon-strated its devotion towards protecting public land. The occasion was hosted by the National Integrity Alliance (NIA) to celebrate the United Nations’ Inter-national Anti-Corruption Day (IAC).


CHAPTER 4CHALLENGES, RECOMMENDATIONS AND WAY FORWARD

4.1 CHALLENGES AND RECOMMENDATIONS

In implementing land reforms in Kenya, the Commission encountered a myriad of challenges that impacted on its performance. The challenges include and not lim-ited to;

1. Limited Time Frame for Review of Grants And Dispositions

As per Sec 14(1) of the NLC Act, the Commission was to undertake review of grants anddispositionswithinfiveyearsofthecommencementofNLCActwhoseeffec-tive dated was from 2nd May 2012. The timeframe therefore elapsed in May 2017. During the period of review, the Commission established multiple claims in the documentation of land rights with different people claiming ownership over thesamepieceofland.Thishasledtonumerouslandconflictsthroughoutthecountryand to the large number of cases before the Environment and Land Court. Some of these were subjected to review of grants as per section 14 of the NLC Act. How-ever, the timespan of the review of grants elapsed before the Commission could address all the claims conclusively. The Commission still continues to receive more complaints relating to illegally and irregularly acquired land and due to lack of legal framework, requests received can’t be addressed.

Recommendation:

Establish a Framework for review of grants and disposition of public land. To actualize the provision of Article 68(c)(v) of the CoK 2010, Parliament should enact a framework for the continuous review of grants and dispositions of public land.

2. Failure to Vest Land to the Government after Compulsory Acquisition

The Commission noted that land compulsorily acquired by government in the past had not been vested to the government. This was partly attributed to the fact that most of the acquiring bodies did not provide resources for vesting or the failure of the Chief Land Registrar to caveat the titles as required. This resulted in illegal occupation and use of such public land for private purposes, occasioning delays in implementation of public projects.


Recommendation:

Prompt Vesting to the Government of land acquired through compulso-ry acquisition. In partnership with the acquiring bodies, the Commission shouldfast-trackfinalsurveyforvestingofcompulsorilyacquiredland.Inaddition, the Chief Land Registrar should ensure that entries are promptly made in the land registers so as to safeguard the Government’s interest in the acquired land.

3. Inadequate staff and lack of capacity building

Thelandreformagendarequiresadequatestaffwhoareadequatelytrained.Con-tinuoustrainingwillequipstaffwithnewskillsforlandreformwhilekeepingabreastwith new paradigms and emerging issues in sustainable land management and governance.TheCommissionhasanapprovedstaffestablishmentof1142.How-ever,currentstaffIn-Poststandsat466andhenceashortfallof676.Thisdisparityhampers service delivery to the public. Due to inadequate funding, the Commis-sionmanagedtotrainafewstaff.

Recommendation:

Enhance human resource capacity. The Commission should be funded in ordertorecruitadditionalstaffinordertodeliveronthelandreformagendaeffectively.Further,fundingisrequiredtocarryoutcapacitybuildingofstaffin their various areas of operations.

4. Inadequate office space and working tools

ThereisinadequateofficespacebothattheheadquartersandattheCounties.Atthe County level, the Commission is housed by either the National or County Gov-ernmentsbutthesharedofficeshaveinadequatespace.Inaddition,theCommis-sionlacksenoughvehiclestofacilitatemovementofstaffacrossthecountrywhereits services are required. For instance, compulsory acquisition of land for infrastruc-ture projects, review of grants, historical land injustice forums and monitoring over land use planning activities.

Recommendation:

Acquisition of adequate office space and equipment. The Commissionshouldbefinanciallyfacilitatedtoenableitacquireadequateofficespaceand vehicles for its operations. The Commission should also collaborate and seek facilitation from other agencies.


5. Financial and Budgetary Constraints

For the last six years, the Commission was allocated a total of Ksh.7.76 Billion for both recurrent and development expenditure, against a request of 29.35 Billion. ThisindicatethattherehasbeenacumulativebudgetarydeficitofKsh.21.60billionover the years. In addition, after the allocated budget were uploaded in the Inte-grated Financial Management System (IFMIS), there were subsequent budgetary cuts and austerity measures implemented by The National Treasury. This further affectedtheCommission’soperationsandimplementationofplannedactivities.

Recommendation:

Adequate funding. The National Treasury should consider allocating ade-quatefinancialresourcesinaccordancewiththefundingrequestsoftheCommission. The budgetary cuts and austerity measures should be imple-mented in consultation with the Commission.

6. Challenges in accessing land records

The Commission experienced difficulties in accessing some crucial land recordsanddatafromrelevantauthoritiesthusaffectingservicedeliveryinprocessingofland administration matters.

Recommendation:

Digitization of land records. The MoLPP and the Commission should ensure that all land records are digitized and that land management is carried out on an interactive user-friendly GIS based digital platform/portal. Moreover, the MoLPP and the Commission should also develop clear guidelines on access and sharing of land data by the two institutions. Digitization of all landrecordsandlandadministrationtransactionswillpromoteefficiency,reduce bureaucracy and ease access to records.

7. Perceived overlay/conflict of mandate between the Commission and the

Ministry of Lands on land administration functions.

TheMoLPPandtheCommissionhavehadaprolongedconflictoverissuesofman-date, with the MoLPP declining to hand over functions that had been transferred to the Commission by the Kenyan Constitution, 2010 and other relevant statutes. This has led to confusion in the management of public land in the country.

Thefunctionsoflandadministrationhavebeenthemainareasofconflictbetweenthe Commission and the Ministry of Lands since the Commission came into ex-istence. The Commission held several meetings with the Ministry in an effort to


unbundle the functions. These include several meetings chaired by the Presiden-cy and consultations with the AG and the Commission for the Implementation of the Constitution (CIC). Finally, the Presidency directed the Commission and the Ministry to constitute a Joint Technical Implementation Committee (JTIC) and pre-pare an implementation report (commonly referred to as the “Accord”) based on given guidelines by the Presidency arising out of previous meetings. The Accord taskforce was co-chaired by Commissioner Silas Kinoti and Mr.Augustine Masinde (Director of Physical Planning, Ministry of Lands). The report was submitted to the Presidency jointly by the then CS Lands, Hon. Charity Ngilu and the NLC Chairman, Prof. M. A Swazuri in December, 2014.

The Accord did not improve the working relationship between the Commission and the Ministry as its recommendations were not adhered to. The Commission then moved to the Supreme Court to seek legal interpretation. The Supreme Court gave its Advisory on 2nd December, 2015. The Ministry and the Commission could still not agree on the implementation of the Advisory. The then CS, Lands, Prof. Ja-cob Kaimenyi in consultation with the Chairman, appointed four external experts to study the Advisory and attendant laws and clearly categorize what was to be done by each institution. Out of 45 functions categorized, both the Commission and the Ministry agreed on 41 and deferred 4. However, actualization of the same could not take place smoothly. Finally, the Land laws were amended via the Land Laws (Amendment) Act, 2016. What followed thereafter were tussles on lack of regula-tions. These too have since been approved by Parliament in 2018, but the oper-ations between the Ministry and the Commission in terms of land administration processes and procedures are still not sacrosanct.

Recommendation:

Adherence to the Constitution and Legislation and practices on land man-agement. There is need for MoLPP and the Commission to strictly adhere totheConstitution,landlawsandregulationstoavoidduplicationofeffortssoastoensureefficientservicedeliverytothepublic.

8. Costly court cases and liabilities

Within a span of six years of the formation of the National Land Commission, 1,820 court cases have been instituted challenging its functions, processes or decisions. Thisisinadditiontothemorethan7,000casesinheritedfromthedefunctofficeoftheCommissionerofLands.Injunctionsandcourtordershavetheeffectofstallingand/or delaying the implementation of land reforms agenda in the Country.


Recommendation:

Encourage application of Alternative Dispute Resolution and Traditional Dis-pute Resolution in land matters. There is need for Kenyans to embrace AJS inaddressinglandconflicts.Thiswillreducethenumberofcourtcasesanddelays in resolving such matters.

9. Change Management/ Resistance to Change within the Land sector

Resistance to embrace land reform from the land players has been a great hin-drance in fostering better land governance.

Recommendation:

The Commission should invest on change management training; this has been one of the greatest challenges in Land Reform.

10. Lack of CLMB on the ground that were crucial in entrenching ADT and TDR

in dispute resolution.

Recommendation:

There is need to repeal the law so that this CLMB are reconstructed or sim-ilar framework because the boards assisted to resolve many land issues on the ground.

11. Lack of goodwill from various lack actors.

Unwillingness by the MOLPP to implement NLC decisions relating to grants and dispositions, despite court orders and court advisories. In addition the Commission has continued to receive inadequate support from other arms of government to-wards land reform in the country.

Recommendation:

All players in the land sector should work together to resolve land matters effectively.

12. Lack of an enforcement wing of the Commission

The Commission is mandated by law to provide notice to persons who have invad-ed public land to vacate. However, the Commission does not have an enforcement arm to assist it in evicting illegal occupants of public land.


Recommendation:

The Commission should establish an enforcement arm that will work on collaboration with other enforcement agencies of government in address-ing invasions and evictions on public utility land

4.2 WAY FORWARD

1. The volume of public land illegally/irregularly allocated to private indi-viduals remains high. There is need for continuous reviews and recovery of the same. In this regard, the Commission proposes that the Parlia-ment enacts a legislation to provide for the permanent and continuous review of grants and dispositions of public land.

2. There is need for MoLPP in consultation with the Commission, County Governments and other stakeholders to develop a National Land Infor-mation System, so that land management is carried out on a digital plat-form. This will enhance service delivery, revenue generation, minimize fraud and corruption in land management.

3. Automation of Commission’s operations enhances service delivery. In this regard, the Commission automated Human Resource services. There is need to automate other directorates processes in the spirit of faster,efficientservicedelivery.

4. WhereastheCommissioninitsfirstphaseofPLISautomation,whereitdeveloped a public portal to access land administration and land valua-tion services, this should be scaled up to incorporate other services that theCommissionisoffering.

5. The Commission’s strategic direction should be set based on the review of the 2013-2018 Strategic Plan and informed by the changes in the law.

6. The Commission should invest in change management trainings for its staff and other land stakeholders, in order to drive the intended LandReform agenda.

7. Currently, some land records for Counties are still domiciled at Nairobi Headquarters registry. These records should be transferred to the re-spective county registries save for Nairobi County to enhance decen-tralization of services as provided for in the Constitution.

8. The composition of the current Commissioners included various profes-sionals such as Lawyers, Valuers, Physical Planners, Surveyors, Natural


Resource experts and Human Ecologists. It was therefore easier for the pool of professionals to make decisions and address complex land mat-ters. We recommend a diverse mix of professionals for the incoming Commissioners.

9. The Commission should fast track gazettement of revenue collection tools. This is will enable the Commission collect revenue for services offeredinprocessingdevelopmentapplications.

First Commissioners End Term Report 2013–2019


APP

END

IX 1

NA

TIO

NA

L L

AN

D C

OM

MIS

SIO

N O

RG

AN

OG

RA

M


APPENDIX 2LIST OF COMMISSIONERS AND THE COUNTY THEY REFERENCE

Commissioner Counties Assigned

ViceChair:Abigael Mbagaya Mukolwe

Isiolo, Kakamega, Busia, Kisumu, Elgeyo Marakwet, Kilifi&Nakuru

Commissioner:Dr. Tomiik Konyimbih Mboya

Homabay, Kericho,Nandi, Nyamira, Kiambu, Siaya Taita Taveta

Commissioner:Dr. Rose Mumbua Musyoka

Bomet, Machakos, Makueni, Samburu, Mombasa

Commissioner:Dr. Samuel Kipng’etich Tororei

Kisii, Mandera, Uasin Gishu, Lamu, Vihiga, West Pokot Kirinyaga

Commissioner:Abdulkadir Adan Khalif

Garissa, Migori ,Nyeri, Kajiado, Wajir Kwale, Isiolo

Commissioner:Silas Muriithi Kinoti

Bungoma, Nyandarua, Tharaka-Nithi, Meru, Trans Nzoia & Marsabit

Commissioner:Emma Muthoni Njogu

Embu, Nairobi & Murang’a

Commissioner:Dr. Clement Isaiah Lenachuru

Baringo, Turkana,Kitui, Laikipia , Narok Tana River


APPENDIX 3RECOMMENDATIONS ON THE NEXT COMMISSION STRATEGIC PLAN

INTRODUCTION

There is need to take cognisance of the chronology of land management and ad-ministration in Kenya.

There are several documents that provide this information.

Provide global context to land and also provide cross learning lessons from other countries. e.g. Australia, India

The next SP should be aligned to the Medium Term Plan 3 and Big 4 agenda

The next SP must take cognisance of all Laws enacted by parliament as part of the initiatives towards land reforms e.g. Urban areas and Cities Act, Community Land Act, Environment and Land Court Act, Land Amendment Act 2016, The Mining Act 2016.

SP should be part of the corporate governance initiatives.

INSTITUTIONAL SET UP

The heading should be summarised to read policy and legislative arrangements. ThemandateoftheCommissionshouldspecificallybederivedfromtheconstitu-tion and relevant statutes.

The next SP should clearly outline the linkage between the secretariat and the Commissioners.

The Commission should clearly identify its core mandate especially as per the con-stitutional core mandate.

This topic should account for other key players in the land sector and the need to consult, co-operate and collaborate in order to achieve land reforms.

highlighting of the key functions and mandate of the commission should focus on the core mandate of the commission

Table 2.2 of this chapter should be deleted

Align the SP to the economic planning frameworks.

The next SP should analyse enabling polies and make recommendations.


Situational Analysis

There is need to improve content on the background information to set the motion for the chapter.

The next SP should draw from the experiences and lessons learnt from the previ-ous SP.

It is important to clearly determine and evaluate key opportunities and strengths and the attendant threats and weakness. Similarly it is important to improve clarity and precision regarding the issues to be captured under the SWOT.

The next SP should explore other tools of conducting situational analysis.

STRATEGIC DIRECTION

A thorough stakeholder analysis should be conducted to identify, categorize and maptheimpactsandinfluenceofvariousstakeholderstoNLC.Thisshouldaidingauging the levels of interaction, engagement and monitoring the high impact and influentialstakeholders.

There’s need to unbundle the CSOs stakeholder ship

IMPLEMENTATION AND COORDINATION FRAMEWORK

The overview of the SP direction should be revised.

Revise the core values to capture the mandate of the Commission.

The next SP should tie the KRA to Article 60 of the Constitution. Deliberately focus on uncontentious KRAs. Align the KRAs to the changes brought by the new land related laws and the amendments therein.

GENERAL

M&E unit should be established

Align the implementation matrix with key result areas

The next strategic plan should strive to provide realistic budgets

In the next strategic plan there is a need to develop a resource mobilization team

We need to have M& E in place

The organogram should be tied to the institutional frame work.

Development of an institutional organogram that spell out the mandates and the reporting lines


APPENDIX 4ANALYSIS OF SCHOOL TITLING PROGRAM STATUS

County Total no. of

Schools

Schools with

Titles

Transfers Prepared

Allotment Letters

Remarks

1 Mombasa 149 9 - Picking, planning & survey services

2 Kwale 392 43 - 9 Adjudication in process

3 Kilifi 493 15 - 2

4 Tana River 322 - - 1

5 Lamu 143 - - Picking, planning & survey services

6 Taita-Taveta 551 103 61

7 Garissa 120 - - 7 Still under community land8 wajir 145 - - 1

9 Mandera 110 - - -

10 Marsabit 149 - - -

11 Isiolo 99 - - -

12 Meru 1,054 246 73 - Adjudication in process

13 Tharaka-Nithi 518 43 52 -

14 Embu 556 67 105 -

15 Kitui 1,445 22 - - Adjudication in process

16 Machakos 1,140 102 532 - Work in progress

17 Makueni 1,308 57 17 - Settlement schemes

18 Nyandarua 470 38 - 17 Entire county is a Set-tlement area

19 Nyeri 610 157 109 -

20 Kirinyaga 364 47 92 2

21 Murang’a 854 53 74 -

22 Kiambu 776 55 1 -

23 Turkana 211 - - - Still under community land24 West Pokot 382 - - -

25 Samburu 163 - - -

26 Trans Nzoia 485 44 - - Settlement area

27 Uasin Gishu 567 315 - 3


County Total no. of

Schools

Schools with

Titles

Transfers Prepared

Allotment Letters

Remarks

28 Elgeyo-Marakwet

442 7 7 -

29 Nandi 838 76 178 -

30 Baringo 711 47 55 2

31 Laikipia 373 41 74 10

32 Nakuru 913 123 20 6

33 Narok 629 - - -

34 Kajiado 398 - - -

35 Kericho 629 60 60 -

36 Bomet 800 - - -

37 Kakamega 1,138 103 173 - High number in indi-viduals’ names

38 Vihiga 609 53 237 - Nursery and churches

39 Bungoma 1,123 158 438 1 High number in indi-viduals’ names40 Busia 599 108 103 -

41 Siaya 947 50 207 1 Litigations, succession & subdivisions42 Kisumu 761 52 167 2

43 Homa Bay 571 165 128

44 Migori 851 0 0 Process of sorting the applications45 Kisii 1,062 0 80

46 Nyamira 622 0 0

47 Nairobi City 351 97 N/A 7 Titles in the name of former Nairobi City Council

TOTAL 27,943 2,556 3,043 71


APPENDIX 5LAND ACQUISITION PROJECTS UNDERTAKEN BY THE COMMISSION DURING 2013-2018

No Acquiring Body

Project Significance Scope Status

1 Kenya Railways

SGR Phase 1 & 2 (Mombasa – Nairobi)

Government’s priority Infrastructure project

587 KM 90% Complete

A 2030 Flagship project

SGR Phase 2a (Nairobi - Naivasha)

Government’s priority Infrastructure project

120 km 60% complete

A 2030 Flagship project

2 LAPSSET Lamu Port (1st 3 Berths)

Alternative port with capacity for bigger cargo ships.

90% Complete

Anchor for the vast LAPSSET corridor project.

LAPSSET Corridor (Integrated Development)

Massive infrastructure project for Regional integration and opening up of the vast southern corridor.

1788 KM 20% complete

3 KeNHA Mwatate – Taveta/Holili (A23) Road Project

Road Important for East Africa regional & trade integration

97 KMS 70% Complete

Turbi - Moyale Road

Part of the larger LAPSSET regional integration

124 kms 80% Complete

Mombasa Southern Bypass & New Kipevu Container Terminal Link Rd (Mpard)

Linkage to the South Coast tourist hub.

27 kms 75% complete

Changamwe Airport – Port Reitz

Easing access to Mombasa International airport by dualling.

6.4 kms 70% complete

Kangema – Gacharage (C70) Road

34 Km cross ridge linkage to towns andeasingtrafficontheNyeri–Makuyu route.

34 kms 80% complete

Kisumu – Kakamega-Webuye-Kitale Road

Part of the great A1 Corridor 150 kms 80% complete

Nairobi Southern Bypass

Decongest Nairobi City 30 kms 90% Complete


No Acquiring Body


3 KeNHA Mau Summit - Kericho – Nyamasaria- Kisumu Road

Part of the great A1 Corridor 134 Km 80% complete

Chepterit - Baraton-Kimondi Road.

13 km intercounty access 13 Km 80% complete

Ena- Ishiara - Chiakariga- Meru Road

50 km alternative to the busy Ena-Nkubu –Meru route

50 Km 90% complete

James Gichuru – Rironi Road Improvement Project

Improved road with provision for bus rapid transit system in Nairobi

35 Km 50% complete

Thua Bridge Key link across Thua river in Kitui County

Localized 90% complete

Siaya – Ruambwa Road

Intercounty connection 37 Km 75% complete

Dundori Oljororok Road

Agricultural 31 Km 80% complete

Lodwar-Nadapal/Nakodok Road

Regional integration 320 Km 60% complete

JKIA – Likoni Road Improvement

Decongestion of Mombasa road. 8.5 Km 60% complete

Rumuruti-Maralal Road

Opening access to Laikipia county 50 Km 80% complete

Mariakani - Mombasa Dual Carriageway

easing access to Mombasa city 21.4 Km

Mariakani-KilifiRoad

Alternativeroute/bypasstoKilififrom Mombasa

49 Km 70% complete

Eldoret Bypass Decongestion of Eldoret town and the A1

32 Km 60% complete

Kibwezi-Mutomo -Kitui - Kabati Road

Intra- County connection 192 Km 40% Complete

Kitale-Endebes-Suam Road

Linkage to the Ugangan border 45 Km 20% complete

Kisumu Northern Bypass

Decongest Kisumu city 11 Km 75 % complete

Kisumu Boys- Mamboleo Dualling

Decongest Kisumu city 4.6 Km 90% Complete

Dundori-Olkalou-Njambini Road Project

Access to agriculturally rich areas. 100 Km 90% Complete

Emali-Oloitoktok Road Project

Promote inter county trade and regional integration with Tanzania

100 Km 90% Complete


No Acquiring Body


3 KeNHA Masara-Suna-Kehancha

Rural access road 45 Kms 90% Complete

Ndori-Ngiya Road Project

Rural access road 28 kms

Portreitz Moi International Airport Access Road Project

Easy access to Mombasa airport & decongestion of Mombasa city roads

6.4 Kms 80% Complete

Thika Road Project

Modern Superhighway to ease trafficflowonamainartery.

45 Km 90% Complete

Sotik - Ndanai Access to agriculturally rich areas. 70 Kms 90% Complete

Homa Bay Mbita Rural access road 41.8 Kms 90% Complete

Ahero Interchange Trafficmanagementatroadintersections with A1 road

Localised 80% Complete

Nakuru Interchange

Trafficmanagementatroadintersections with A1 road

Localised 80% Complete

Merille Marsabit Rural access road 117 Kms 80% Complete

Kirigiti Ngewa Intra-county Connection 15 Kms 80% Complete

Athi River Namanga Road

Regional integration & trade facilitation

137 Kms 90% Complete

Nuno Modogashe Connection to Ethiopia 133 kms 70% Complete

Athi River MachakosTurnoff

DuallingforeasiertrafficflowtoNairobi

20 Kms 50% complete

Lanet-Njoro- TurnoffTimboroaRoad Project

Intra-county Connection 97 Kms 90% complete

Kericho Interchange

Trafficmanagementatroadintersections with A1 road

Localised 90% complete

Londiani -Fortenan-Muhoroni Road.

Intra-county Connection 44.4 Kms 90% complete

Sotik (Chebilat) - Ikonge - Sondu- Chabera Road

Upgrading to bitumen standards 35 kms 40% complete

Bachuma Gate - Maji Ya Chumvi

Northern Corridor rehabilitation and improvement.

53 kms 90% complete

4 KURA Meru Bypasses Decongest Meru town. 22 KMS 90% complete

Outering Road Road Improvement

12 km road to serve as a fast access to the JKIA and cut travel time.

14 Kms 90% complete

Eastern & Western Missing Link Roads

Opening up roads to ease road congestion and provide linkage to key roads

11.8 KMS 80% complete

Hospital Hill Road Upperhill area of Nairobi City decongestion and road expansion.

1.5 Kms 80% complete

Langata Road EasetrafficflowonLangataroad/Rongai Junction



No Acquiring Body


4 KURA Githurai - Kimbo Road

Connection to eastern bypass 4 kms

Garden Estate Road, Kiambu Link Road

Connection to Kiambu road 4.7 Kms 80% Complete

Nairobi Eastern Bypass

Urban access & linkage to main highways


5 KeRRA Giakanja – Tetu Mission- Kagogi-Ihwa –Ihururu

Intercounty Connection opening up agriculturally rich areas of Nyeri county.

60 kms 70% complete

Thogoto – Gikambura-Mutarakwa

Linking the city to the Northern corridor via Maai – Mahiu.

32 kms 90% complete

Sotik-Cheborge-Roret-(Kipranya Bridge)

Intra- county linkage 28.4 Kms 90% complete

Kipsonoi River Bridge & Approaches

Intercounty connection 90% complete

Chelolongbei Bridge

Intercounty connection and providing access for agricultural produce.

2 kms 50% complete

Mukurweini-Gakonya

Inter County access 10% complete

Iten-Kapsowar Road

Intercounty connection 53 Kms 60% complete

Limo Hospital-Illula-Elgeyo Border-Moim Junction& Tendewo Bombo Road.

Improving transport in the area 35 kms 40% complete

Kebirigo-Metamaiyua Road

Intercounty connection 22 kms 40% complete

Kipsigak - Serem- Shamakhokho Road

Regional linkage 38 kms 40% complete

Kamugere Junction

Intercounty connection 40% complete

Ngorongo - Nazareth Road

Upgrading to Bitumen and ease access

Gitugi Bridge - Muranga


Localised

Naromoru - Munyu - Karisheni Road

Opening up local area 36 kms 40% complete

Mukuyu - Githambo Road


26 kms


No Acquiring Body


5 KeRRA Riruta - Mutuini Road


Kamagambo-Kenyenya-Mogonga Road Project

6 KPA Mombasa Port Access Road

EfficiencyinMombasaportcargohandling.

80% complete

Decongesting Mombasa city roads

7 K.A.A Airports & Airstrips (Malindi, Jkia, Wilson, Isiolo, Nanyuki, Eldoret, Kitale, Kisumu)

Part of vision 2030 projects. 40% complete

Expansion of airport facilities to accommodateincreasedflightsand bigger aircrafts.

8 Athi Water services Board

Thwake Multipurpose Dam

Power generation, Access to clean drinking water, Food security through irrigation

9158 acres

80% Complete

Karimenu Dam Access to clean drinking for Nairobi City.

70% Complete

Yatta Dam Food security through irrigation 1087 acres

40% complete

Oloitoktok Water Supply And Sanitation Project

Water supply and sanitation 35% complete

Kigoro Water Treatment Works

Access to clean drinking water 70% Complete

9 National water & Conservation

Muruny-Siyoi Dam Access to clean drinking water 90% complete

Mwache Dam Access to clean drinking water and food security

10% Complete

10 National Irrigation Board

Lower Nzoia Irrigation Project (Intake & Irrigation Canal)

Climate resilience and food security in Nyanza region

70% complete

Mwea Irrigation Scheme (Expansion)

Food security 90% complete

11 Embu County Government

Embu Water & Sewerage Project

Improved Sanitation 10% Complete

12 County Government of Kericho

Kimugu Water Treatment Plant

Water supply and sanitation 40% complete

13 Ministry of Defence

Narok Military Land

National security installations 30% Complete

14 Ministry of Energy

Amu Coal Fired Plant

Power generation 947 acres 50% complete

15 Nairobi Metropolitan

Muranga Sanitary Landfill

Solid waste management in the Nairobi Metropolitan area.

90% complete


APPENDIX 6DEVELOPMENT APPLICATIONS PROCESSED IN DECENTRALIZED UNITS

Co

unt

ies

Re

new

al/e

xte

n-

sio

n o

f le

ase

Su

bd

ivis

ion

/A

mal

gam

atio

n o

f p

ub

lic la

nd

Ch

ang

e/e

xte

n-

sio

n o

f use

r

d) A

pp

rova

l of

bu

ildin

g p

lan

s

Allo

catio

n o

f p

ub

lic la

nd

Pro

cess

ing

lan

d

own

ers

hip

do

cu-

me

nts

pro

cess

ed

No

. of

Lan

d d

is-

pu

tes

reso

lve

d

No

. of p

ub

lic la

nd

p

arce

lsid

ent

ifie

d

on

pu

blic

lan

d

inve

nto

ry

No

. of a

war

en

ess

/se

nsi

tizat

ion

se

s-si

on

s co

nd

uct

ed

No

. of p

arce

ls

ofi

de

ntifi

ed

&

do

cum

ent

ed

No

. of e

ng

age

-m

ent

s w

ith

par

tne

rs &

Sta

ke-

ho

lde

rs

Baringo 22 18 10 - 14 189 76 5,460 404 103 1858

Bomet 3 - 17 - 6 16 23 4,499 23 4 58

Bungoma 50 6 6 - 102 168 16 - 13 - -

Busia 42 14 16 4 185 204 44 382 43 388 45

E. Marakwet 4 3 5 - 108 2 132 868 81 3 88

Embu 48 29 50 - - 38 22 3,321 59 24 48

Garissa - 20 - - 7 112 28 231 142 5 69

Homa Bay 6 47 33 - 16 160 24 3,894 52 13 88

Isiolo 2 5 5 - 21 506 22 236 22 2 14

Kajiado 8 65 213 - 27 500 60 788 64 67 22

Kakamega 12 5 5 - 15 871 70 8,380 43 8 12

Kericho 28 9 53 33 - 64 36 169 24 13 57

Kiambu 281 105 25 210 738 219 1,133 300 3,944 536

Kilifi 12 59 65 - 57 8,615 203 450 48 206 73

Kirinyaga 137 125 128 - 507 514 48 1,095 41 16 81

Kisii 12 53 2 5 2 74 10 2 23 186 26

Kisumu 41 32 93 - 73 1,011 1,183 32 244 93

Kitui 53 43 31 - 38 415 56 2,335 51 48 3

Kwale - - - - - 498 137 2,583 320 250 58

Laikipia 14 50 102 90 114 1,149 118 631 23 592 22

Lamu - 2 3 - 326 1,726 4 526 33 - 130

Machakos 54 107 230 206 137 225 523 1,209 52 279 45

Makueni 80 185 47 - 23 376 82 3,839 28 1,296 8

Mandera 12 28 14 - 222 7,010 38 910 33 - 39

Meru 67 64 55 - 426 389 242 4,794 30 248 27

Migori 12 4 2 - 3 46 5 1,139 56 - 27

Marsabit 5 21 11 10 - 800 48 1,861 63 55 117

Mombasa 133 125 67 - 1,407 33,669 450 330 78 287 47

Murang’a 51 195 9 - 32 234 17 5,468 25 22 127

Nairobi - - - - 7 15 55 47 21 21

Nakuru 30 100 100 - - 50 750 - -

Nandi 36 60 22 55 4 95 70 2,048 31 33 42

Narok 1 2 3 - 12 84 9 1,358 29 - 12

Nyamira 9 10 2 - 8 12 4 2 2 34


Co

unt

ies

Re

new

al/e

xte

n-

sio

n o

f le

ase

Su

bd

ivis

ion

/Am

al-

gam

atio

n o

f pu

blic

la

nd

Ch

ang

e/e

xte

nsi

on

o

f use

r

d) A

pp

rova

l of

bu

ildin

g p

lan

s

Allo

catio

n o

f pu

blic

la

nd

Pro

cess

ing

lan

d

own

ers

hip

do

cu-

me

nts

pro

cess

ed

No

. of

Lan

d d

is-

pu

tes

reso

lve

d

No

. of p

ub

lic la

nd

p

arce

lsid

ent

ifie

d

on

pu

blic

lan

d

inve

nto

ry

No

. of a

war

en

ess

/se

nsi

tizat

ion

se

s-si

on

s co

nd

uct

ed

No

. of p

arce

ls o

f id

ent

ifie

d&

do

cu-

me

nte

d

No

. of e

ng

age

-m

ent

s w

ith

par

tne

rs &

Sta

ke-

ho

lde

rs

Nyandarua 43 30 54 3 204 45 62 1,032 56 95 55

Nyeri 74 122 2 - 208 252 25 177 26 294 29

Samburu - 5 - - 11 91 103 200 29 25 45

Siaya 10 15 25 - 7 408 43 2 48 10 35

Taita Taveta 28 51 90 49 60 146 29 1,892 54 67 68

Tana River 10 171 259 - 180 406 219 2,027 156 - 25

Tharaka Nithi

3 5 5 - 1 68 148 1,449 3 3 1

Trans Zoia 90 54 48 870 194 73 2 1,646 26 1,136 17

Turkana 20 - 2 1 - 1 7 173 6 - 10

Uasin Gishu 69 11 1 - 40 64 40 1,025 20 164 68

Vihiga 7 32 3 - 32 202 16 2,306 32 - 6

Wajir 5 1,203 12 1,240 1,300 2,900 136 1,067 80 10 21

West Pokot

1 - 4 - 200 901 224 1,270 88 2 28

Total 1,624 3,290 1,925 2,566 6,346 65,231 5,654 72,935 2,851 10,163 2,621


APPENDIX 7PUBLIC LAND HELD BY MINISTRIES, DEPARTMENTS AND AGENCIES (MDA’S)

Institution Data Description

1 Kenya Wildlife Service (KWS) Parks boundary data and category, registration details

2 Kenya Forest Service (KFS) Forest boundaries , names for the whole country, forest topo sheets

3 Kenya Railways Old railway stations and railway line, Phase 1 data on the SGR line and stations

4 Kenya Roads Board (KRB) Major roads and classes

5 Lake Basin Development Au-thority

26 parcels in Kisumu, HomaBay, Migori, Nyamira, Siaya, Bomet and Nandi Hills

6 Teachers Service Commission 5 parcels in Nairobi, Kilifi,Tana River, Bomet andLaikipia

7 Public Service Commission 1 parcel in Nairobi

8 Communications Authority of Kenya

6 parcels in various Counties

9 Kaimosi Friends University Col-lege (KAFUCO)

2 parcels in Vihiga

10 Kenya Broadcasting Corporation 36 parcels in various Counties

11 Kenya Institute of Curriculum Development

1 parcel in Nairobi

12 Kenya National Trading Corpo-ration


13 National Council for Persons with Disabilities

1 parcel in Nairobi

14 Numerical Machining Complex Limited

2 parcels in Athi River

15 State Department of Immigra-tion, Border Control and Regis-tration of Persons

5 parcels in Nyeri, Eldoret, Isebania, Muhuru Bay and Busia

16 State Department for Labour 26 parcels in various Counties

17 Kenya National Assurance Com-pany Limited

1parcelinMalindiTown,Kilifi


Institution Data Description

18 KenGen 61 parcels across the country in Machakos, Embu, Nyeri, Muranga, Eldorer, Kericho, Migori, Momba-sa, Lamu, Garissa, Nakuru and Kisumu counties

19 Moi Teaching and Referral Hos-pital

4 parcels in Eldoret

20 National Hospital Insurance Fund

4 parcels; 3 in Nairobi and 1 in Meru

21 Kerio Valley Development Au-thority


22 Nyayo Tea Zones Development Corporation


23 University of Eldoret 3 parcels in Moiben, Malindi and Homa Hills

24 KenGen 61 parcels in various Counties

25 East African Portland Cement 26 parcels in various Counties

26 Agricultural Finance Corporation 54 parcels in various Counties

27 Kenya Utalii College 5parcels;4inNairobiand1inKilifi

28 Kenya Literature Bureau 2 parcels in Nairobi

29 Machakos University 2 parcels in Machakos

30 Kenya Institute of Mass Commu-nication

4 parcels in Nairobi

31 Postal Corporation of Kenya 98 parcels in various Counties

32 Kenya Reinsurance Corporation Ltd


33 Ethics and Anti-Corruption Com-mission

1 parcel in Nairobi

34 Agriculture And Food Authority 25 parcels in various Counties


APPENDIX 8HISTORICAL LAND INJUSTICE CLAIMS ADMITTED

County No. of claims received & admitted

No. of claims investigated

Recommendations made

1 Kiambu 13 13 Process on going

2 Uasin Gishu 8 0 Process on going

3 Nandi 12 12 Process on going

4 Lamu 3 0 Process on going

5 Nairobi 12 12 Process on going

6 Homa Bay 1 0 Process on going

7 Kwale 3 3 Process on going

8 Kilifi 3 3 Process on going

9 Taita Taveta 2 2 Process on going

10 Meru 5 0 Process on going

11 Tharaka Nithi 1 1 Process on going

12 Embu 2 1 Process on going

13 Machakos 2 0 Process on going

14 Makueni 1 0 Process on going

15 Nyandarua 1 1 Process on going

16 Nyeri 4 4 Process on going

17 Kirinyaga 3 0 Process on going

18 Samburu 1 0 Process on going

19 Trans Nzoia 7 2 Process on going

20 Elgeyo Marakwet 4 2 Process on going

21 Baringo 15 0 Process on going

22 Nakuru 12 0 Process on going

23 Kajiado 2 0 Process on going

24 Kericho 3 3 Process on going

25 Bomet 5 5 Process on going

26 Siaya 1 1 Process on going


County No. of claims received & admitted

No. of claims investigated

Recommendations made

27 Nyamira 1 0 Process on going

28 Migori 2 2 Process on going

29 Kisii 2 2 Process on going

30 Mombasa 10 10 Process on going

31 Wajir 0 0 Process on going

32 Mandera 0 0 Process on going

33 Marsabit 0 0 Process on going

34 West Pokot 1 0 Process on going

35 Isiolo 0 0 Process on going

36 Kitui 0 0 Process on going

37 Laikipia 1 1 Process on going

38 Muranga 7 7 Process on going

39 Turkana 0 0 Process on going

40 Narok 10 10 Process on going

41 Kakamega 1 1 Process on going

42 Vihiga 0 0 Process on going

43 Bungoma 0 0 Process on going

44 Busia 0 0 Process on going

45 Kisumu 7 7 Process on going

46 Tana River 0 0 Process on going

47 Garissa 0 0 Process on going

TOTAL 180 117


APPENDIX 9MATRIX OF PARTNERSHIPS & ENGAGEMENTS

MINISTRY/AGENCY/ORGANIZATION

AREA OF COLLABORATION/ACHIEVEMENT

Ministry of Lands and Physical Planning

Development of land legislations review of policies and regulations, dispute resolution, profiling of squatters,vettingandsecondmentofofficers.

The Commission supported the Ministry in profiling ofbeneficiariesofWaitikifarminMombasaCounty,Profil-ing of squatters in Oljorai settlement scheme, Planning, surveyandsettlementofbeneficiariesofMandaIslandsettlementschemeinLamuCounty,ProfilingofIDPsinNakuru, Nyandarua and Laikipia Counties. This relation-ship culminated during the The Kenya International In-vestmentConference(KIICO-2015)‘ThinkKenya:Makeit Kenya’.

Supported the MoLPP with infrastructure to scan re-cords, print and update maps.

County Governments/COG Devolution of land governance, development of County spatial plan guidelines, validation of policies, review of grants and leases and historical land injustices (HLI)

Investments Conferences

Parliamentary CommitteesDepartmental Committee onLand:Senate;NationalAssemblyBudget and Appropriation Committee

Engagements on Sustainable Land Management (SLM) and land reform agenda

The Commission responded to questions raised by the Committees

Collaboration in formulation of legislations, regulations and amendments

Budget estimates, reviews and approvals.

National Cohesion and Integration Commission;

Centre for Criminal Justice

In partnership with NCIC the Commission was able to resolve Land dispute bidding different communities inIsiolo and Laikipia Counties through public engage-ments with all stakeholders’ thus averting inter-ethnic skirmishes and promoting cohesion and tranquility.

OfficeoftheAttorneyGeneral and Department of Justice

Review of bills and regulations, advisory opinions and judicial matters, ADR/TDR


EACC, CID, Police & Judi-ciary

Recovery of Public Land and Restoration of fragile eco-systems

The Commission with the support of EACC partnered in investigation of corruption or economic crime and investigating the extent of liability for the loss of or dam-age to any public property for purposes of recovery or compensation. The Commission has collaborated by providing information, records, proceedings or entries to EACC or any other investigation agency

The Commission supported the courts by providing re-ports, documents and expert opinions or appearing as parties in land related disputes in dispensing justice. A consultative forum between the Commission and the OfficeoftheChiefJusticeresultedinenhancedworkingrelationship. For example, NLC is exempted from paying court fees and paved the way to be members of court users Committee in every station. The judiciary and the Commission has promoted the use of alternative dis-pute resolution in handling land matters. This has result-ed in prompt justice and promotion of cohesion among disputants and communities.

Kenya Law Reform Commission

Technical assistance in providing information with re-gard to land laws amendments and Public education

Kenya National Commission on Human Rights

Investigations relating to alleged illegal / irregular allo-cation of land

The Commission received reports on internal displace-ment and forced evictions. This programme was sus-tained through receiving and processing of complaints from individuals, groups, established institutional and media reports.

National Gender Commission

Promotion of Women ownership, use and access rights to land

Commission on Administrative Justice

Trainings and responding to public complains on land matters and ensuring compliance with leadership, in-tegrity and ethics requirements.

Technical support on setting up complaints handling in-frastructure which the Commission is currently setting up.

KenyaNationalAuditOffice(KENAO)

Audit and report in respect to each financial year onNLC accounts-certification of accounts to assure fiscalresponsibility, continuous audit presence and perfor-mance audit to assure service delivery to Kenyans.

Kenya Ports Authority Compulsory acquisition for the LAPSSET Project

Kenya Wildlife Service Protection of riparian areas and wildlife migratory routes.


Kenya Railways Compulsory acquisition for the SGR

Kenya National Highways Authority

Compulsory acquisition for Development of road infra-structure

Kenya Power and KETRACO Compulsory acquisition of way leaves for power trans-mission

Professional bodies in Kenya Drafting of Land bills and guidelines

VettingofformerMinistryofLandOfficers.

Universities (Local and International)

Collaborations on conducting research on Land Data Management, Provided library resources.

Development Partners (FAO, UNDP, WWF,FES)

Capacity building in the Counties, production and dis-semination of IEC materials, supporting land reforms through the land programme and development of Guidelines.

Universities & Research centers (University of Nai-robi; Technical University of Kenya; Taita-Taveta Universi-ty; Pwani University, Moi University; Kibabii University, London School of Econom-ics; Ardhi University; The University of Richmond etc.)

Research partnership Themandateistoinformtheeffectiveformulationand

monitoring of land policy in Kenya; to evaluate land pol-icy implementation; to stimulate public debate through theeffectivedisseminationofresearch-baseddataandfact-based research results; to foster research collab-oration; and to help build research capacity and infra-structure for the land sector.

CSO’s-Action-Aid, KLA, Rec-oncile, Groots Kenya, Kenya Human Rights Commission, ACT, Transparency Inter-national, FES, Haki Jamii, Pamoja Trust, FIDA, RRI, Kituo Cha sharia, MPIDO, Haki Yetu, MUHURI among others

Funding, production and dissemination of IEC materi-als, facilitation of public workshops and conferences, Consultative meetings, gender land rights awareness in Kenya, registration of public institutions, Civic education and advocacy.

PP Initiatives (e.g. ASK Shows, Land clinics)

Communication of the milestones achieved by NLC via the NLC scorecard

One on one consultation sessions with land experts

Live demonstrations of various land processes

Distribution of IEC materials

The Media Reporting on progress and land issues, Positive cover-age in the dailies, local FMs and TV stations.

Public education and awareness

Raised awareness on the Commission Mandate on Compulsory acquisition

Continued strengthening of relations with stakeholders.

2013–2019 - national land commission · even greater achievements beckon, with the benefitsof...

Documents