National Land Commission revokes 2400 titles deeds of public utility land

NLC Vice Chair Abigael Mbagaya

NAIROBI: The National Land Commission (NLC) has revoked 2400 title deeds of public utility land which were fraudulently acquired across the country.

The commission also announced that it had regularised some titles and is currently working on printing out titles for public institutions like learning institutions.

NLC further asked individuals still holding public land to surrender the parcels before the commission moves to revoke the titles, adding that the commission is currently taking stalk of public land.

NLC Vice Chairperson Abigael Mbagaya Mukolwe Wednesday said, “As a commission we have achieved a lot. We have managed to recover public and revoked 2400 titles across the country.”

“We are currently doing titling to public institutions and over 2000 titles are under print for parastatals, learning institutions and any other public institutions.

While encouraging Kenyans to seek alternative land dispute resolution mechanisms, Ms Mukolwe said the commission had devolved its services to the 47 counties to bring services closure to the people.

Mukolwe spoke in Nairobi during a meeting with editors on the demerits of the now controversial land bill that has seen the commission in a confrontation with the Ministry of Land.

The commission says the proposed laws undermine land reforms, and appears to be a deliberate intention to “whittle down the constitutional powers of the land commission”.

NLC accuses the Ministry of attempting to transfer the its powers to the Cabinet Secretary, a move the Muhammad Swazuri-led commission has vowed to oppose since it is inconsistence with the constitution

It has also accused the National government of reducing the roles of county governments and community participation in the management of community land.

In a submission to the National Assembly on the proposed Community Land Bill, 2015, the commision says the draft does not meet the constitutional threshold and the Land Reforms agenda as spelt out in the Land Policy.

“The bill has internal constituencies and the process of formulation was flawed with respect to public participation. It should therefore be withdrawn from the National Assembly.” Reads the submission

In another submission to the Assembly on the proposed Physical planning Bill 2015, NLC says the bill disregards and conflicts with the County Government Act 2012, the Urban Areas and Cities Act 2011 and the National Land Commission Act 2012.

IT further observes that the bill fails to recognize the different types of land use plans prepared under the county Governments Act and the Urban Areas Act and creates conflicts, ambiguity and duplication.

The ministry has however maintained that the amendments were forwarded to make the National land Policy consistent with the constitution while noting that all major stakeholders participated in coming up with proposals that culminated into the amendment.

The Bill says the cabinet secretary shall, in consultation with the commission, make rules for the conduct of the adjudication of land.

Stakeholders have interpreted the bill as a brazen attempt to clip powers of the independent commission and to reverse critical roles and powers invested upon it back to the Ministry.

It proposes to limit the commissions mandate to the management of public land on behalf of the two governments, limit its policy making powers and its powers regarding the allocation of public land.

It proposes the establishment of a board of trustees to manage the settlement scheme fund.

Another contentious part of the bill is the mode of prescribing minimum and maximum private holding acreages which has since caused uproar.

The commission’s vice chairperson however downplayed conflict between the commission and the Ministry saying they were only facing transitional challenges.