The National Lands Commission (NLC) in Kenya has proposed new regulations to investigate historical land injustices, aiming to improve transparency and accountability in its proceedings and decisions. These proposals are part of measures to address concerns of unfairness in previously handled cases. The new rules will require the commission to record every detail of investigation proceedings and make them public. This move is expected to boost confidence in the commission's processes.
The proposed rules will require the commission to publish every determination in the Gazette, in accordance with section 15(11) of the Act. Additionally, the commission may publish the determination on its official website or through other appropriate mediums if it deems it necessary in the public interest. Analysts have welcomed these proposals, saying they will improve accountability and transparency in historical land injustice cases.
The NLC regulations apply to historical land injustices that occurred between June 15, 1895, when Kenya became a British protectorate, and August 27, 2010, when the current Constitution of Kenya was promulgated. The Commission has the powers to initiate investigations on its own or upon a complaint. It has the mandate to investigate both present and past land injustices.
The Regulations allow any aggrieved person to lodge their claim through a prescribed form, a letter, a memorandum, or an oral submission at any designated Commission office. Upon commencing an investigation, the Commission will issue a notice of investigation to the claimant, respondent, and every person who appears to have an identifiable legal or beneficial interest in the land.
Once a claim has been admitted, the Commission will provide all parties at least 30 days' notice of the hearing, either by mail or electronically. The Commission will then consider the evidence and determine whether a historical land injustice has been established. In determining a claim, the Commission will consider the evidence adduced during the investigation, applicable law, and relevant criteria.
Analysts from the law firm Bowmans have noted that the NLC proposals respond to procedural fairness concerns that have arisen in previous litigation. They cited a case where the Court set aside the Commission's recommendations due to a lack of evidence that affected parties had been notified of proceedings.
The proposed regulations are expected to reduce similar challenges in future proceedings by providing detailed hearing, notice, and participation provisions. The Commission's efforts to improve transparency and accountability are seen as a step towards addressing historical land injustices in Kenya.
Key points
- The NLC proposes to make investigation proceedings and decisions public to improve transparency.
- The regulations apply to historical land injustices between 1895 and 2010.
- The Commission will provide at least 30 days' notice of hearings to all parties involved.
