New public land use guidelines deal blow to encroachers, speculators and land grabbers

The new regulations aim to eliminate encroachment and land grabbing by public officers and private individuals. [File, Standard]

The Ministry of Lands and the National Land Commission (NLC) have spelt out new, tougher rules for State agencies on the use of public land.

Going forward, any change of user of the whole or part of public land held by State agencies from the registered use shall require public consultation.

It will also require the approval of the National Land Commission (NLC), national and county governments and any other relevant approvals.

This is according to the operational principles as per (Legal Notice of Land Regulations 2017) contained in the Land Use Management Plan (LUMP), 2026 guide that was launched on Wednesday in Nairobi by the NLC.

The plan, which was launched in conjunction with the Food and Agriculture Organisation (FAO) through the European Union/FAO Digital Land Governance Programme, aims to eliminate encroachment and land grabbing by public officers and private individuals.

It will now guide how public land is utilised, protected and developed. Also, the State or public agency will comply with the zoning regulations and development control of the resident county.

The public agencies, statutory bodies and State corporations shall maintain the land for the purposes for which it was allocated and any other use provided in the Land Use Management Plan.

The institutions shall undertake to prepare long-term land-use and management plans for the land and deposit the plans with the Commission.

A notice published by the NLC on June 30 directed public agencies to prepare a 20-year LUMP and submit it to it for approval. Once the LUMP is submitted, the NLC will have 30 days to review and approve the plans.

The institutions shall be responsible for the provision and maintenance of relevant infrastructure in accordance with the county governments’ bylaws and other authorities.

Also, where the institutions are found to be in breach of any conditions in the land management plans, they shall undertake appropriate action as shall be required by the Commission, which includes revocation or a fine.

The Commission said it will also deploy modern technologies such as Geographic Information Systems (GIS), satellite imagery and drones to track land use and detect irregularities.

On leasing or sub-leasing, where an agency has leased or sub-leased its land to another agency whose interest is of public interest, then it has to obtain prior written consent from NLC.

On eligibility criteria, the agencies are required to define qualified lessees based on legal, social, economic and environmental interests.

The lease period and terms should outline permitted land uses, duration, rent and other payables, including reviews, insurance and renewal conditions.

On subleasing, agencies are to establish approval requirements and conditions for subleases.

During handover or takeover procedures, agencies are required to provide detailed handover and takeover reports on commencement and expiry or termination of the lease. Agencies are also required to specify lessee responsibilities for repairs and maintenance of onsite facilities and improvements.

The agencies are also required to conduct background checks on potential lessees and ensure proper accounting and investment of lease revenue. When terminating a lease contract, the agency shall establish consequences for non-compliance.

The National Land Commission Chairman Abdillahi Alawy said public agencies have continuously used land reserved to them without preparing and submitting land use and management plans to the commission for approval as required.

“The result is uncoordinated use of land, underutilisation, encroachment by squatters, land grabbing among others. This manifests into low economic returns, loss of public land and subsequently poses a threat to the future availability and use of public land in Kenya,” said Dr Alawy.

Article 67(2)(a) and (h) of the Constitution of Kenya mandates the NLC to manage public land on behalf of the national and county governments, monitor and have oversight responsibilities over land use planning throughout the country.

The Land Act 2012, section 17(1) stipulates that management bodies or public agencies are required to submit development, management, and land use plans for reserved public land to the Commission for approval.

Licensed surveyor and consultant in land governance Ibrahim Mwathane, who attended the event, welcomed the launch of the guidelines.

“Any change of use of land under public agency must have the approval of the NLC.... and with today’s constitutional framework, that would call for public consultation since the new use may or could turn out to be inconsistent with the local priorities. So consensus is necessary,” said Mwathane.

“LUMP will help. Public agencies should seize the guidelines to develop their land use and management plans as a matter of urgency to optimise the use of their land and to minimise speculation and grabbing.”