A Devolving Governance System, Land Management and Administration

through County Land Management Boards

Presenter: Dr Muhammad A. Swazuri Chairman: National Land CommissionKENYAMarch 25th- 2014

Kenya- A changed Governance System

• Prior to 2013

• Highly Centralised system

• Regional disparities • Land rights –

injustices (colonial, unjust laws, state-making, modernisation)

• Land as wealth

• Implications to the Land Sector

-Denial of land rights-Marginalization of

women , and minority groups in land matters.

-Low- inadequate access to 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 National value that should guide governance, and further identifies the decentralization of functions of State organs as an objective of devolved government. ( Constitution, 2010; Arts. 10 & 174)

- What are the implications of County Governments?

• The Land Act, Land Registration Act ; and National Land Act ( all passed in 2012), implements constitutional devolution principles by transferring some authority over land matters to the local level, creating the possibility for a more accessible, accountable, and responsive land governance framework.

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 CLMBs2.Recruitment of the members of the CLMBs3.Appointment of members with the approval of

the County Assembly.4.Public Information and Education

The National Land Commission

Questions raised- CLMBs

1.Why 47 County Land Management Boards?

2.Concerns of sub-County Land Management Boards?

3.Why not have this system in phases?4.Why not select Counties on a pilot phase?5.Reduce the numbers of the CMLBs

because of costs?

National Land CommissionKenya

THANK YOU