The National Land Commission (NLC) is an independent commission established under Article 67 of the Constitution of Kenya. The commission is responsible for managing public land, resolving land disputes, and ensuring equitable land use.
The National Land Commission Act further details the powers, functions, and appointment procedures for the commission’s members.
Membership of the National Land Commission
The NLC consists of:
- A chairperson and
- Eight other members
Qualifications for Appointment
Chairperson
To qualify as the chairperson, a person must:
- Hold a university degree from a recognized institution.
- Have at least 15 years of experience in:
- Public administration
- Land management and administration
- Management of natural resources
- Land adjudication and settlement
- Land law, land survey, spatial planning, or land economics
- Social sciences
- Meet the integrity standards of Chapter Six of the Constitution.
- Have a distinguished career in their respective field.
Members
A member must meet the same qualifications as the chairperson, but only requires 10 years of experience instead of 15.
Disqualifications for Appointment
A person cannot be appointed as chairperson or member if they:
- Are a Member of Parliament (MP) or County Assembly.
- Are an official in a political party.
- Have, within five years, stood for election as an MP, Governor, or County Assembly member.
- Are bankrupt.
- Have been convicted of a felony.
- Have illegally acquired land or public property.
- Have been removed from office due to misconduct or violations of the law.
Term of Office
- The Chairperson and members serve for a single term of six years.
- They cannot be re-appointed after their term ends.
Functions of the National Land Commission (NLC)
According to Article 67(2) of the Constitution, the NLC’s main functions include:
1. Land Management
- Manages public land on behalf of the national and county governments.
- Oversees land use planning across the country.
2. Land Policy and Registration
- Recommends a national land policy to the government.
- Advises the government on land title registration across Kenya.
3. Land Disputes and Historical Injustices
- Investigates current and historical land injustices.
- Proposes redress mechanisms for past land injustices.
- Encourages alternative dispute resolution in land matters.
4. Land Taxation and Revenue Collection
- Assesses land tax and premiums on immovable property.
5. Additional Functions Under the National Land Commission Act
- Approves the allocation of public land.
- Monitors land registration and rights.
- Ensures sustainable management of land by government agencies.
- Develops and maintains a land information system.
Powers of the National Land Commission
The NLC has the legal authority to:
1. Gather Information
- Collect land records, reports, and documents from government agencies.
- Compel individuals or institutions to produce information.
2. Conduct Inquiries and Investigations
- Investigate land matters and hold public inquiries.
- Enforce compliance with Kenya’s land policy principles under Article 60(1) of the Constitution.
3. Decision-Making Authority
- Make recommendations on land policies and administration.
- Issue binding directives regarding public land management.
Conclusion
The National Land Commission (NLC) plays a critical role in managing public land, resolving land disputes, and ensuring equitable land distribution. It is also responsible for policy recommendations, land taxation, and sustainable land use.
For more details, refer to the National Land Commission Act and Chapter 15 of the Constitution of Kenya.
