Parliament Clears Path For Historical Land Justice with National Land Commission Bill

By Naomi Njung’e

The National Assembly has passed the National Land Commission (Amendment) Bill, 2023, for the second time, incorporating all the reservations made by President William Ruto.

The Bill, approved on Tuesday, August 12, 2025, restores the National Land Commission’s authority to review historical land allocations and address injustices, while introducing new safeguards and time limits.

Under the amendments, the Commission will have a five-year window to review grants and dispositions of public land issued before August 27, 2010. It may seek an extension by petitioning Parliament.

The determinations will be published in the Kenya Gazette and can be registered in the High Court.

Clause 3 gives the Commission power to investigate historical land injustice complaints and recommend redress. However, this provision will automatically lapse after five years.

Lands Committee Chair Hon. Joshua Nyamoko told the House the amendments mainly clarified the law. “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,” he said.

Deputy Majority Leader Hon. Owen Baya hailed the reforms, saying they would revive stalled reviews.

“Let the people of the Coast region, Western, Nyanza, and Nairobi, who for a long time have suffered historical land injustices, now get justice because we have given them the law and the power to do it,” he said, noting that Northern Kenya faced similar challenges.

Hon. Anthony Oluoch highlighted the potential implications for property rights, the economy, and the banking sector.

“People who have already enjoyed proprietary rights of a property, especially people with freehold, must be cognisant of the implications, where titles are held as security and collateral,” he said.

He further noted that land rights should not be restricted by time. “The sunset clause was introduced so there can be certainty of legal titles as a function of the economy. Equity only assists the vigilant and not the indolent,” he said.

Hon. Jonah Ng’eno linked the debate to the country’s liberation struggle, stating, “We fought for independence to get economic independence, political independence, and to get back our lands. Some regions only got political independence but have been denied economic independence and their land.”

The Bill now proceeds to the President for assent.