The National Land Commission (NLC) of Kenya has proposed draft regulations to address long-standing land grievances in Lamu County. The draft National Land Commission (Historical Land Injustices) Regulations, 2026, and the draft Review of Grants and Dispositions of Public Land Regulations, 2026, aim to investigate past wrongs and re-examine how public land was allocated. According to Mohammed Abdi Haji, a commissioner at NLC, the regulations will provide a clearer legal path for redress for Lamu County residents who have pursued claims over ancestral land for decades.
Land problems in Lamu County are long-standing and in dire need of resolution, with over 60 per cent of land classified as public and most residents lacking title deeds. The land has not been demarcated or surveyed since Independence. Historical injustices have traced many of the conflicts to the colonial period, when land in Lamu was declared government land in 1908. Families displaced during the Shifta War of the 1960s have also been among those seeking to be settled and issued with titles.
The proposed regulations anticipate that claims can be lodged by individuals, groups, or communities through authorized representatives, or the Commission can start an investigation on its own initiative. Claims may be made orally and are then put in writing by a Commission officer. The Commission must help claimants who cannot supply all the required information, and the Commission may also receive oral evidence alongside documents.
The draft regulations provide a framework for addressing historical injustices that occurred between June 15, 1895, and August 27, 2010. The admissibility checklist covers grounds such as illegal acquisitions, multiple allocations, politically motivated or conflict-based evictions, and exclusion from sources of livelihood. The regulations also encourage reconciliation and alternative dispute resolution.
The County Chief Officer for Lands, Ahmed Loo, stated that the regulations will aid the county in resolving pending land disputes and records, especially in areas with the most unresolved claims. The draft regulation considers the nature of the injustice, the status of the land, the interests of bona fide purchasers, and the principles of equity and restorative justice.
Local leader and Lamu West Constituency MP aspirant Feisal Mirji expressed hope that the regulations will provide the necessary safeguards for public land management. The NLC commissioner, Mohammed Abdi Haji, revealed that the National Land Commission anticipates that the draft regulation policy document will be ready to be presented to Parliament and assented to early next year, with public participation already underway in at least 15 counties.
The proposed regulations are expected to bring relief to Lamu County residents who have been seeking redress for land grievances for decades. The regulations will provide a framework for addressing historical injustices and ensuring that land is allocated fairly and transparently. The NLC is currently engaging with residents in Lamu and other counties to gather their views on the proposals.
Key points
- The proposed regulations aim to address historical injustices in Lamu County, including land disputes and missing title deeds.
- The regulations provide a framework for claims to be lodged by individuals, groups, or communities, and for the Commission to start investigations on its own initiative.
- The draft regulations consider the nature of the injustice, the status of the land, and the principles of equity and restorative justice.
