Land laws amendment bills: a practitioner’s perspective on the land bills | Land Portal

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Date of publication: 
Septiembre 2014
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The first set of the land laws were enacted in 2012 in line with the timelines outlined in the Constitution of Kenya 2010. In keeping with the spirit of the constitution, the Land Act, Land Registration Act and the national Land Commission Act respond to the requirements of Articles 60, 61, 62, 67 & 68 of the Constitution. The National Land Policy, which was passed as Sessional Paper No. 3 of 2009, arrived earlier than the Constitution, with some radical proposals on the land Management. Chapter five of the Constitution on Land and Natural Resources does not represent the entire radical proposals in the Land Policy. When faced with an election and the need to build consensus the National Assembly was informed by the Land Policy rather than the constitution to agree on some inclusions into the land laws that had the effect of importing into the legislation, unconstitutional provisions. Realizing the anomaly, the then Minister for Lands, Hon James Orengo gazetted a task force on 27th July 2012 to among other issues “identify inconsistencies in the land registration Act, 2012, Land Act 2012 and the national Land act 2012”.

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