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A Coast civil society organisations network has strongly opposed the proposed changes to the land laws Amendment Bill 2023, and now wants Members of Parliament (MPs) to shoot down the law.

According to network chairman Zedekiah Adika, should the amendment go through the National Assembly it shall have clawed back the gains achieved upon the new constitutional dispensation.

The network composed of Civil Society Organisations, Religious Organisations and Non-State Actors have petitioned the legislature, through the Clerk of the National Assembly, asking MPs to reject the amendments to the bill.

 “Our views relating to the land laws amendment Bill 2023, touching on land registration Act No 3 of 2012, the Land Act 2012, the Community Act 2016, that in the amendments we contend that the constitutional principles under article 67 and 249 of the constitution should be retained,” said Adika.

The network is specifically concerned with the idea that the National and County Government seeks to abrogate themselves the mandate granted to the National Land Commission (NLC) by the Constitution.

Squatter problem

The group says the biting squatter problem in the coast; historical injustices and absentee landlords will go unreserved. This will also bring impunity and suppress the powers of the national land commission.

The group is perturbed that the war on land grabbing, historical injustices in the region will not be won should the amendments of the law go through. They are asking the public to come out and condemn the action by the executive to sneak in the law to parliament.

 “It is our considered view, that such action is premised on bad faith, malice and seeks to consolidate the management of land back to the executive, which Kenyans fought so hard to devolve, and introduce professional management,” said Adika.

Acquisition committee

Haki Yetu Organisation lands programme officer Munira said amendments to the land laws amendments bill seeks to establish a land acquisition committee which is appointed and managed by the CS for Land. This will grant the executive the power to compromise land matters.

It also seeks to abolish the land acquisition tribunal which was premised under the Judicial Service Commission. They are introducing the Cabinet Secretary to the entire process of compulsory acquisition of land, which was initially under the NLC.

“The lands cabinet secretary shall be taking over the process of valuation and survey of land in the process of compulsory acquisition. The Cabinet Secretary shall be issuing leases as opposed to the current position where the process is conducted professionally under the National Land Commission,” claimed Ali.

The amendments also seek to introduce more registration regimes contrary to the current one where there is the Land Registration Act, 2012. The amendments seek to allow the Registrar powers to revoke titles, instead of the Judiciary.

Ali said the amendments seek to introduce hefty levies, which will lead to high cost of living and discourage investors. The amendments also seek to inhibit access to justice by requiring that actions can be taken against lessees without prior notice.

“The proposal to amend the community land act to allow the Cabinet Secretary to complete pending adjudication programmes under the Land Adjudication Act beyond the 2-year period permitted by the Community Land Act, is most welcome and it should be a stand-alone amendment rather than mixing it with the other land laws,” Munira said.