A Devolving Governance System, Land Management and Administration through County Land Management Boards Presenter: Dr Muhammad A. Swazuri Chairman: National Land Commission KENYA March 25 th

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 Adoption of Constitution Chapter on Land The National Land Commission 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 CLMBs 2.Recruitment of the members of the CLMBs 3.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 Commission Kenya THANK YOU