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Operations at the National Lands Commission (NLC) have stalled due to a myriad of problems ranging from budgetary cuts, implementation of austerity measures and lack of adequate personnel.

Commission lawyers have not been attending court sessions outside Nairobi due to lack of stipends as well as those in the Valuation Department, making it difficult for NLC to dispense off the many land disputes and compensation issues in the waiting list.

Again, the crucial Valuation Department has not been operational since the suspension of its Director and the acting one cannot act on some of the matters in question.

According to a source, the current commission whose term ends next year, is in exit mode with a majority of them not keen to commit to work.

Commission is now relying on donor funds to sustain its operations, according to the source. Austerity measures introduced by Treasury last year have really hampered NLC’s work, especially on travels. Commission currently holds about Sh6 billion in compensation for landowners whose properties are pending due to legal suits, disputes or lack of requisite documents.

While NLC’s main mandate is to address issues of valuation and compensation, lack of adequate funding and personnel has slowed down work.

“Austerity measures reduced the number of people to travel and considering our engagements involve a number of people to travel much of our work has either been delayed or stopped altogether,” said a source.

Commission is also contending on a Bill currently before Parliament that seeks to strip it of its powers to evaluate and value land compensation. The Land (Amendment) Bill, 2023 seeks to give the mandate of compulsory land acquisition to the Ministry of Lands.  

In February, NLC leadership met President William Ruto to plead with him to intervene and stop any move to take away its mandate to handle valuation. The President turned down the request, further compounding their troubles.

Cash flow problems

Contacted, NLC chief executive Kabale Tache confirmed that they were facing serious cash flow problems, affecting their operations. “It is true that the commission has had challenges with budget allocations. And it is also true that budget cuts have seriously impacted on NLC’s ability to fully implement its mandate,” Tache said.

She continued: “Budget constraint is not unique to NLC only and we are hopeful that Parliament will consider our plight and allocate us adequate funds. But work has not and will not stop. We continue serving Kenyans as is expected of us.”

Tache said they are working with partners to carry out some of its programmes. “We are very grateful to them. We look forward to continuing working with them in areas of mutual interest.”

On the issue of lack of a substantive Director of  Valuations, the commission head said the process to replace was in progress.

“As you may be aware, the former director left just some three weeks ago. She had been on secondment to NLC and was recalled by her substantive employer (KWS) on March 13. That is a considerably short time to have recruited a substantive replacement,” Tache explained.

She confirmed that the commission was in the process of recruiting a director which will start in the coming days.

“In the meantime, the commissioners have appointed Doricah Buyaki, the Principal Valuer, to act in the position until a substantive holder is appointed. Kenyans should be rest assured that the work of that directorate is going on unhindered,” Tache noted.

A source privy to the State House meeting revealed that President Ruto took exception with the commission handling of various aspects, especially valuation of land for compensation in instances where the government has identified parcels for compulsory land acquisition was always skewed.

Contentious, Land (Amendment) Bill, 2023 further seeks to give the Lands Cabinet Secretary powers to compulsorily acquire public land on behalf of counties and National Government, pay compensation to the affected owners, issue awards, inspect properties as well as take part in renewal of land leases.