Listen to This Article Enhance your reading experience by listening to this article.

National Land Commission (NLC) has rejected sections of a bill currently before Parliament seeking to give the Lands Cabinet Secretary powers to compulsorily acquire public land on behalf of both County and National Governments and pay compensation to the affected owners.

NLC risks losing its enormous powers over the management of land in the country if the government succeeds in pushing through several amendments to the law.

The commission also discarded a section of the bill that seeks to require owners of freehold land within or close to an urban area to pay annual land levy in addition to land rates.

The commission told the National Assembly’s Committee on Lands that the imposition of a land levy would amount to double taxation.

Vice-chairperson Gertrude Nguku told the committee that freehold interest is not comparable to a leasehold interest.

“There should be no levy charged on freehold land apart from rates, the amendment should be deleted,” Nguku told the MPs.

The NLC appeared before the committee chaired by Joash Nyamoko (North Mugirango) to give views on the Land Laws (Amendment) Bill 2023, which is undergoing public participation.

Reads the bill: “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 the 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.”

But yesterday, the commission maintained that freehold interests are superior interest and there is no landlord and therefore no rent can be owed.”

The commission further wants the House to delete the proposed amendments to the Land Act, 2012, which seeks to introduce the land, levy on leasehold land.

“The owner of any freehold land or property situated within the boundaries of any urban areas of the city shall pay an annual land levy equivalent to the land rent payable for a leasehold land or property of the same size in the same zone,” the Bill states.