A Devolving Governance System, Land
Management and Administration through
County Land Management Boards
Presenter:
Dr Muhammad A. Swazuri
Chairman: National Land Commission
KENYA
March 25th- 2014
Kenya- A changed Governance System
• Prior to 2013
• Implications to the Land
Sector
• Highly Centralised system
-Denial of land rights
• Regional disparities
-Marginalization of women , and
• Land rights – injustices
minority groups in land
(colonial, unjust laws, statematters.
making, modernisation)
-Low- inadequate access to
• Land as wealth
justice
Kenya- A changed Governance System
• Solution
•
• The National Land Policy- •
2009
•
• Adoption of Constitution
2010- Chapter on Land
•
• The National Land
•
Commission- 2013 enacted •
•
From 2013
New Governance system
Services closer to ALL
Kenyans.
Devolution & Decentralisation
Focus on County governments
47 County Governments
Land administration and
management at the County
level- The National Land
Commissions' role?
Kenya- A changed Governance System
Devolution of Power as a
• The Land Act, Land
National value that should
Registration Act ; and National
guide governance, and
Land Act ( all passed in 2012),
further identifies the
implements constitutional
decentralization of
devolution principles by
functions of State organs as transferring some authority
an objective of devolved
over land matters to the local
government. ( Constitution, level, creating the possibility
2010; Arts. 10 & 174)
for a more accessible,
accountable, and responsive
- What are the implications
land governance framework.
of County Governments?
Constitutional Mandate
• Functions of the National Land Commission
• Manage public land on behalf of the national and county
governments;
• Recommend a national land policy to the national
government;
• Advise the national government on a comprehensive
programme for the registration of title in land throughout
Kenya;
• Conduct research related to land and the use of natural
resources, and make recommendations to appropriate
authorities;
Constitutional Mandate
• Functions of the National Land Commission
• Initiate investigations, on its own initiative or on a complaint,
into present or historical land injustices, and recommend
appropriate redress;
• Encourage the application of traditional dispute resolution
mechanisms in land conflicts;
• Assess tax on land and premiums on immovable property in
any area designated by law;
• Monitor and have oversight responsibilities over land use
planning throughout the country; and
• Perform any other functions prescribed by national legislation.
The National Land Commission Act
• Functions of the County Land Management Boards
• County Land Management Boards shall:
(a) Subject to the physical planning and survey requirements,
process applications for allocation of land, change and
extension of user, subdivision of public land and renewal of
leases; and
(b) perform any other functions assigned by the NLC or any
other written law
The National Land Commission Act
• The framework means that the CLMB’s role will implement
the functions of the NLC at the grassroots level.
E.g.- The settlement programs and compulsory acquisition of
land – County Governments.
What has been done so far?
1. Development of regulations on the CLMBs
2. Recruitment of the members of the CLMBs
3. Appointment of members with the approval of the County
Assembly.
4. Public Information and Education
The National Land Commission
Questions raised- CLMBs
1.
2.
3.
4.
5.
Why 47 County Land Management Boards?
Concerns of sub-County Land Management Boards?
Why not have this system in phases?
Why not select Counties on a pilot phase?
Reduce the numbers of the CMLBs because of
costs?
National Land Commission
Kenya
THANK YOU