Omtatah challenges time limitation on historical land injustice suits | Land Portal

Activist Okiya Omtatah has moved to court to challenge a section of the law that limits the period within which victims of historical land injustices can make compensation claims.

Mr Omtatah argues it is not practically possible that the National Land Commission (NLC) will have addressed the victims' grievances captured in reports such as Ndung’u, Akiwumi, Kiliku, Truth Justice and Reconciliation Commission (TJRC) and the standard gauge railway (SRC) by May 2022 when the 10-year limit lapses.

The timelines began running from the commencement of the NLC Act on May 2, 2012.

Mr Omtatah says the commission became fully functional in 2015 and has largely been underfunded, making it difficult for it to meet the deadline.

He also argues that the 10-year time limit in section 15(11) is just to take effect on May 1, 2022 and slam the door on all claims of historical land injustices.

He is also challenging the validity of time limits within which Kenyans can review the legality of grants on public land.

In the suit certified as urgent by Justice Weldon Korir, Mr Omtatah argues that the statutory limits are unconstitutional.

“The petitioner reasonably suspects that Parliament deliberately imposed the impugned time limits on the Commission to advance improper motives and corrupt practices of benefiting those responsible for historical land injustices at the heart of Kenya’s poverty project,” he said.

According to Mr Omtatah, the five-year time limit in sections 14(1) and 15(3) of the Act has already taken effect and the public access to justice by slamming the door on the commission to review grants and dispositions of public land, to establish the propriety or legality and process a historical land claim.

Further, he says the three- year time limit in section 15(10), which imposes a validity period of three years on each and every relief granted in every determination of historical land injustice made by the commission, is illegal.


Copyright © Source (mentioned above). All rights reserved. The Land Portal distributes materials without the copyright owner’s permission based on the “fair use” doctrine of copyright, meaning that we post news articles for non-commercial, informative purposes. If you are the owner of the article or report and would like it to be removed, please contact us at and we will remove the posting immediately.

Various news items related to land governance are posted on the Land Portal every day by the Land Portal users, from various sources, such as news organizations and other institutions and individuals, representing a diversity of positions on every topic. The copyright lies with the source of the article; the Land Portal Foundation does not have the legal right to edit or correct the article, nor does the Foundation endorse its content. To make corrections or ask for permission to republish or other authorized use of this material, please contact the copyright holder.

Share this page