Gov't proposes amendments threatening National Lands Commission's authority

The  National Lands Commission (NLC) risks losing its enormous powers over the management of land in the country.

This, if the government succeeds in pushing through a number of amendments to existing land laws. Should the Executive succeed in stripping the NLC of its mandate then the same powers will be vested in the lands cabinet secretary.

Lawmakers have approved the publication of a bill on land buying firms that if passed will widen the reach of the governments hand into land dealing companies who will be compelled to pay Ksh.500 million as licensing fees before they are cleared for registration.

 In a meeting chaired by North Mugirango MP Joash Nyamoko, The National Assembly Committee on lands was put to task to explain its mandate.

 The NLC was challenged by the lawmakers on it’s perceived under performance in overseeing land matters and widespread corruption during compensation.

 However, NLC has opposed the amendments terming them as unconstitutional and unacceptable.

The Commission's top leadership argues that the proposed amendments open up overseeing of land matters to political interference.

 The lands body added that the amendments will claw back the gains made in land reforms as they will give room for irregular acquisitions besides raising issues such as lack of independence, transparency and subjective compensation assessments.

The Bill if approved will see the Lands Cabinet Secretary (CS) have the powers to compulsorily acquire public land on behalf of county and national governments, pay compensation to the affected land owners, issue awards, inspect property and take charge of the land lease renewal process.

 Separately, lawmakers have approved the publication of a Bill that will see the state net millions of shillings annually from land-buying or selling companies in a bid to protect investors from fraud.

 "We need a law that regulates these land buying companies," Kirinyaga Central MP Joseph Gitari said on the same.

 The Bill seeks to amend the Land Act, 2012 to provide for registration, licensing, and regulation of over 105 land dealing entities in the country to protect the interest of persons buying land from such companies.

 "Some land dealing entities operate as briefcase companies in the absence of the necessary legislation," Gitari added.

 Real estate stakeholders have questioned the timing of these proposals in view of the affordable housing project in the country.

They added that this will cripple the industry saying players in the real estate sector have adopted deliberate measures to restore sanity in the sector that has been infiltrated by unscrupulous cartels who have been swindling Kenyans.   

They want the government to involve them in decision-making. they say they are are already heavily strapped in taxes from capital gains, stamp duty, approval fees and income tax among others.

The real estate players also decried the inefficiencies of the Ardhi Sasa platform saying land digitization remains a pipe dream with delays in approval of documents and unexplained delays n the processing of the title deeds in the land registries.