Land issues and disputes can occur to any land owner which will need to be solved through the legally mandated management and administration institutions. It is this reason that drives us to inform stakeholders that will be using our services of the institutions that have been put in place under the constitution to ensure order in
and around the property and land market.
The Cabinet Secretary
The role of the cabinet secretary as inscribed in the Constitution is as follows;
The Cabinet Secretary shall, in relation to the management and administration of land
(a) develop policies on land, upon the recommendation of the Commission;
(b) facilitate the implementation of land policy and reforms;
(c) coordinate the management of the National Spatial Data Infrastructure;
(d) coordinate the formulation of standards of service in the land sector;
(e) regulate service providers and professionals, including physical planners, surveyors, valuers, estate agents, and other land related professionals, to ensure quality control; and
(f) monitor and evaluate land sector performance.
The National Land Commission (NLC)
The mandate of the National Land Commission (NLC) is drawn from the National Land Policy of 2009, Constitution of Kenya 2010, National Land Commission Act, 2012, the Land Act 2012 and the Land Registration Act of 2012.
(1) Pursuant to Article 67(2) of the Constitution, the functions of the Commission shall be —
· to manage public land on behalf of the national and county governments;
· to recommend a national land policy to the national government;
· to advise the national government on a comprehensive programme for the registration of title in land throughout Kenya;
· to conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities;
· to initiate investigations, on its own initiative .or on a complaint, into present or historical land injustices, and recommend appropriate redress;
· to encourage the application of traditional dispute resolution mechanisms in land conflicts;
· to assess tax on land and premiums on immovable property in any area designated by law; and
· to monitor and have oversight responsibilities over land use planning throughout the country.
(2) Under the National Land Commission Act, the Commission shall:
· on behalf of, and with the consent of the national and county governments, alienate public land;
· monitor the registration of all rights and interests in land;
· ensure that public land and land under the management of designated state agencies are sustainably managed for their intended purpose and for future generations;
· develop and maintain an effective land information management system at national and county levels;
· manage and administer all unregistered trust land and unregistered community land on behalf of the county government; and
· develop and encourage alternative dispute resolution mechanisms in land dispute handling and management.
(3) The Commission shall ensure that all unregistered land is registered within ten years from the commencement of this Act. Parliament may, after taking into consideration the progress of registration, extend the period set by the Commission under subsection.
(4) Within five years of the commencement of the NLC Act, the Commission, on its own motion or upon a complaint by the national or county government, a community or an individual review or grant disposition of public land to establish their propriety or legality.
(5) The Commission shall in consultation and corporation with the national and county governments, establish county land management boards
for the purposes of managing public land.
Wankim Investments works closely with the above mentioned institutions in our land transactions in order to instill confidence in our clients, partners and other stakeholders in a bid to prevent any future conflicts.