NAIROBI, Kenya, Jul 1 – National Assembly Majority Leader Kimani Ichung’wah has withdrawn the controversial Lands Amendment Bill 2023 which sought to introduce an annual levy on freehold land.
The Land Amendment Bill sought to amend six Land Acts, including introducing a new clause that will compel land and property owners to pay land rent.
The Majority Leader who sponsored the Bill which was to be introduced for a second reading wrote to Speaker Moses Wetangula confirming withdrawal of the Bill.
“Having consulted with the relevant stakeholders, this is now to confirm the majority leader has withdrawn the bill. Consequently, I request that the House Business Committee to be notified of the withdrawal of the bill with no further consideration of the Bill should be undertaken,” Ichung’wah stated.
It was anticipated that the Lands Amendment Bill would trigger vehement opposition given the controversial clauses with one of the amendment proposing clipping powers by the National Lands Commission (NLC).
“It’s also noteworthy that there are various ensuing constitutional and legal issues arising from the Bill. In this regard, the Executive had further advised on the need for the ensuing issues to be addressed and resolved before further consideration of the Bill,” he said.
The Bill also sought to give the Lands Cabinet Secretary power to acquire land compulsorily whenever the county or the national government determines that there is need to acquire a particular piece of land.
The bill proposed raising various land-related rates by up to 200 percent.
For example, the official land search fee is set to increase from Sh500 to Sh2,000, and topological survey costs will double from Sh15,000 to Sh30,000.
Other fees, such as physical planning and professional advice services, was also set to increase.
The bill seeks to amend several acts, including the Registration of Documents Act, the Land Control Act, the Land Registration Act of 2012, the Land Act of 2012, the Community Land Act of 2016, and the Sectional Properties Act of 2020.
These amendments are intended to modernize and balance the levies charged with the services provided by the state.
The Ministry of Lands has been actively seeking public input on these proposed changes through regional forums across Kenya. Public participation is seen as a crucial step in ensuring the amendments are comprehensive and address the needs of various stakeholders
Another notable proposal is the review of land rent every ten years to ensure it remains fair and reflective of current economic conditions .
These proposed changes were intended to generate more revenue for the government and improve the efficiency and effectiveness of land-related services.
However, they have faced opposition from landowners and other stakeholders who argue that the increases are too steep and could lead to financial strain for property owners.
