Lands Ministry sets up taskforce to operationalise land laws

January 28, 2017 9:26 am
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Lands Cabinet Secretary Prof Jacob Kaimenyi said the taskforce will, within a period of two months, formulate regulatory structures expected to eliminate fraud in the land sector by protecting land owners from losing their parcels to land cartels upon the expiration of land leases/FILE

, NAIROBI, Kenya, Jan 28 – The Ministry of Lands and Physical Planning has launched a taskforce on formulation of regulations to operationalise the Land Act of 2012, Land Registration Act of 2012 and Community Land Act, 2016.

Speaking during the launch of a 14-member task force on Friday, Lands Cabinet Secretary Prof Jacob Kaimenyi said the taskforce will, within a period of two months, formulate regulatory structures expected to eliminate fraud in the land sector by protecting land owners from losing their parcels to land cartels upon the expiration of land leases.

Overview
  • "I have appointed this taskforce to come up with rules and regulations to make our land laws operational," he said when he unveiled members of the taskforce to be chaired by the Chief State Counsel in the Lands Ministry, Terry Gathagu.

“I have appointed this taskforce to come up with rules and regulations to make our land laws operational,” he said when he unveiled members of the taskforce to be chaired by the Chief State Counsel in the Lands Ministry, Terry Gathagu.

“This taskforce will study the new land laws and identify the sections that require regulations, rules and guidelines,” he added saying the taskforce will also, “prepare draft regulations, rules and guidelines in accordance with the provisions of the Constitution of Kenya 2010.”

Among notable requirements in the Land Laws Amendment Act, 2016, is the provision of a five-year notice prior to the expiry of a lease; with priority for renewal being given to lease holders.

The law also contains a provision on, “historical land injustices which the National Lands Commission is mandated to investigate and recommend appropriate redress,” Kaimenyi observed.

The establishment of the taskforce comes on the backdrop of a court petition by one Antony Otiende which seeks to have the ministry formulate regulations within 12 months in line with the new land laws.

“I know that time is not on our side and I urge the members of the task force to work round the clock to ensure that the regulations are in place within two months,” Kaimenyi directed in relation to the court petition No. 54 of 2015.

The taskforce draws its membership from the Ministry of Lands and Physical Planning, National Lands Commission (NLC), Kenya Law Reform Commission (KLRC), State Law Office, Law Society of Kenya (LSK), Institute of Surveyors of Kenya (ISK), Kenya Institute of Planners (KIP) and Nairobi City County Government.

Kaimenyi also noted that the ministry was on course in issuance of title deeds as promised by the Jubilee Administration with 2.6 million land titles having been issued so far against the target of three million title deeds.

The remaining 400,000 titles are expected to be issued within the current Fiscal Year 2016/17.

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