When President William Ruto assented to a batch of bold legal reforms last week, two bills tugged at Kenya’s collective memory: the National Land Commission (Amendment) Bill, 2023, and the Land (Amendment) Bill, 2024. For many, land is much more than property; it is history, identity, justice, and survival. These amendments promise change. But change always comes with trade-offs, especially when power is contested.
Restoring NLC Powers, or Resetting the Rules?
Under the National Land Commission (Amendment) Bill, 2023, the NLC’s mandate to review land allocations made before August 27, 2010, is revived (with a five-year sunset clause). The law also introduces safeguards around timelines, publication in the Kenya Gazette, and registration of determinations in court.
During debate, Hon. Joash Nyamoko, Chair of the Lands Committee, downplayed the changes:
“There was nothing major, including Clause Two on the five-year limit. We can still revisit and see whether we are able to give that extension.”
But not all agree that the revision is harmless. Hon. Anthony Oluoch warned of deeper consequences:
“People who have already enjoyed proprietary rights of a property … must be cognisant of the implications … where titles are held as security and collateral.”
In his view, legal certainty must walk hand in hand with social justice.
The Land Amendment Bill: Modernization or Overreach?
The Land (Amendment) Bill, 2024, aims to update definitions, rules for compensation, and appeal processes. Its defenders argue it will streamline land transactions and reduce red tape. But critics see danger in the details.
Civil society groups have issued strong pushbacks. On a Facebook video, Kenya Land Alliance demanded the NLC condemn what they called “illegality” in the new laws:
“The civil society demands that the National Land Commission comes out to condemn this illegality and implements its mandate #kulandsaga.”
Opposition voices on social media are equally forceful. One X user asked:
“Why the rush at such a time? These bills have personal interests, not Kenya.”
A Clash of Narratives, Reform vs. Control
Supporters frame the amendments as overdue corrections, promising redress for communities long ignored. They argue that reviving NLC powers and updating land law are necessary to unlock investment and justice.
Yet skeptics see a darker logic. Process, not content, worries them most. Bills assented hurriedly, with limited public engagement, risk being read through a lens of centralization and elite capture.
Economic & Governance Stakes
Nairobi is Kenya’s capital. Clear titles, reliable appeals, and property security unleash investment in housing, agriculture, and infrastructure. If the amendments work as promised, they could reduce “dead land” parcels unusable because ownership is unclear, and boost lending and development.
But if people lose trust, investment could stall. Counties may resist, litigants may flood courts, and disputes may degenerate into conflict. The risk is not just legal, it is political and economic.
Safeguards, or Wishful Thinking?
The NLC amendment includes a sunset clause and requires public publication of determinations. But whether those provisions safeguard or handcuff the process depends on oversight, funding, and transparency.
Importantly, the NLC Chairperson, Gershom Otachi, has publicly called for defending constitutional gains. At a commemoration of the constitutional anniversary, he said:
“We must safeguard constitutional achievements … accountability lies with all arms of government, including the political leadership.”
His invocation of guardrails is not subtle; it reflects awareness that the balance of power is at stake.
Timing, Trust, and the Way Forward
The bills’ assent came in a moment of political tension, which amplifies suspicion. Many wonder: why now, and at such speed?
Yet the next chapters may matter more than the act itself. Outcomes will depend on:
- Court rulings on procedural fairness
- The NLC’s budget, staffing, and technical capacity
- Engagement with county governments and communities
- Investor confidence in an evolving legal environment
