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The push to have the National Land Commission (NLC) powers watered down is not over yet after the Executive withdrew the Land Laws (Amendment) Bill No. 65 of 2023) to give priority to another one that seeks to clip the powers of the commission.

Speaker Moses Wetang’ula said he had allowed National Assembly’s Leader of Majority Kimani Ichung’wah to withdraw the bill that proposes to amend the Land Registration Act, 2012; the National Land Commission Act, 2012; and, the Land Act, 2012 since he had sponsored the Land Laws (Amendment)(No.2) Bill that contains more comprehensive amendments.

The bill, (Land Laws Amendment No 2 bill) tabled in the national assembly last year, seeks to remove NLC from managing public land and vets the same to the cabinet secretary.

The bill in particular seeks to embolden the Cabinet Secretary by giving them the powers to compulsory acquire public land on behalf of both counties and National Government, pay compensation to the affected owners, issuance of awards, inspection of properties as well as take part in renewal of land leases.

Compulsory acquisition

Reads the controversial bill that is currently before MPs: “ The bill ….vests upon the cabinet secretary, the mandate of handling compulsory land acquisition, eliminate conflict of interests likely to occur when one entity is involved in valuation process and at the same time making compensation payments and eliminate delay in acquiring land since the acquiring public body has direct control in making compensation payments as opposed to when funds were being transferred to the commission and establish the land acquisition committee to replace the land acquisition tribunal.”

In a communication before the House, Wetang’ula further said that his decision to allow the withdrawal of the bill is because Ichung’wa had also confirmed that the Deputy Leader of the Majority and Kilifi MP Owen Baya had sponsored the National Land Commission (Amendment) Bill which accommodates the amendments proposed to the National Land Commission Act, 2012 as contained in the Land Laws (Amendment) Bill (National Assembly Bill No. 65 of 2023).

Bill withdrawn

Following the move, Wetang’ula directed the Departmental Committee on Lands to stop considering the said bill as it has since been withdrawn

Standing Order 140 on Withdrawal of Bills, provides in part that either before the commencement of business or on the Order of the Day for any stage of the Bill being read, the Member in charge of a Bill may, without notice, claim to withdraw a Bill.

He said; “Honourable Members, having considered the request by the Leader of the Majority Party and noting the attendant provisions of the Standing Orders, I have acceded to the request and hereby direct that the Land Laws (Amendment) Bill (National Assembly Bill No. 65 of 2023) stands withdrawn forthwith.“

The withdrawn bill seeks had sought to amend various laws related to land to enhance efficiency in matters relating to grants and dispositions and compulsory acquisition of land while on the Land Act, the bill proposes to introduce amendments relating to general conditions, touching on leases, licenses and agreements for public land to introduce to introduce new provisions to regulate rent for the several period and valuation of land for rent.

On land registration act, the bill had sought to amend section 56 to provide that the registrar shall not register a charge where land has not been paid.

On NLC act the bill had proposed to amend the NLC act to remove time limits to review all grants and dispositions of public land and allow continuous receipt of historical land injustice claims to be heard after the year 2026 by upholding the provisions beyond the ten years stated.