Powers Of The Commission

(1) The Commission shall have all the powers necessary for the execution of its functions under the Constitution, this Act and any other written law.

  • The Commission may make regulations for the better carrying of its work and such regulations shall be tabled before Parliament for approval

(2) Without prejudice to the generality of subsection (1), the Commission shall have powers to—

  • gather, by such means as it considers appropriate, any relevant information including requisition of reports, records, documents or any information from any source, including any State organ , and to compel the production of such information where it considers necessary;
  • take any measures it considers necessary to ensure compliance with the principles of land policy set out in Article 60 (1) of the Constitution.

(3) In the exercise of its powers and the discharge of its functions, the Commission—

  • may inform itself in such manner as it may consider necessary;
  • may receive written or oral statements; and
  • is not bound by the strict rules of evidence.
  • The Commission shall establish offices in the counties and may establish other offices in the sub Counties as it may consider necessary
  • The Commission shall work in consultation and cooperation with the national and county government subject to article 10 and Article 232 of the constitution

Mandate & Function

The mandate of the National Land Commission (NLC) is drawn from the National Land Policy of 2009, Constitution of Kenya 2010, National Land Commission Act, 2012, the Land Act 2012 and the Land Registration Act of 2012.

(1) Pursuant to Article 67(2) of the Constitution, the functions of the Commission shall be —

  • to manage public land on behalf of the national and county governments;
  • to recommend a national land policy to the national government;
  • to advise the national government on a comprehensive programme for the registration of title in land throughout Kenya;
  • to conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities;
  • to initiate investigations, on its own initiative .or on a complaint, into present or historical land injustices, and recommend  appropriate redress;
  • to encourage the application of traditional dispute resolution mechanisms in land conflicts;
  • to assess tax on land and premiums on immovable property in any area designated by law; and
  • to monitor and have oversight responsibilities over land use planning throughout the country.

(2) Under the National Land Commission Act, the Commission shall:

  • on behalf of, and with the consent of the national and county governments, alienate public land;
  • monitor the registration of all rights and interests in land;
  • ensure that public land and land under the management of designated state agencies are sustainably managed for their intended purpose and for future generations;
  • develop and maintain an effective land information management system at national and county levels;
  • manage and administer all unregistered trust land and unregistered community land on behalf of the county government; and
  • develop and encourage  alternative dispute resolution mechanisms in land dispute handling and management.

(3) The Commission shall ensure that all unregistered land is registered within  ten years from the commencement of this Act. Parliament may, after taking into consideration the progress of registration, extend the period set by the Commission under subsection.

(4) Within five years of the commencement of the NLC Act, the Commission, on its own motion or upon a complaint by the national or county government, a community or an individual review or grant disposition of public land to establish their propriety or legality.

(5) The Commission shall in consultation and corporation with the national and county governments, establish county land management boards for the purposes of managing public land.

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