Community leaders in Garsen, Tana River, have urged the National Land Commission (NLC) to halt sales and transfers of disputed public land while investigations into irregular allocations continue. This call was made during a public participation forum in Garsen, which aimed to discuss draft regulations governing the review of grants and dispositions of public land. The forum brought together community representatives, local leaders, and other stakeholders to comment on the proposed framework.
Residents at the forum requested that the NLC be given powers to suspend transactions on disputed public land, warning that ongoing sales and developments could jeopardize investigations and make recovery harder if irregular allocations are later confirmed. They proposed that the NLC impose temporary restrictions on contested parcels once a complaint is lodged, allowing all claimants an opportunity to present evidence before any transaction proceeds.
Kipini resident Taksan Omar emphasized that land disputes become harder to resolve if parcels change hands or are altered before the commission completes its investigations. He called for a mechanism to preserve the status of disputed land during inquiries. Ngao resident Matilda Abednego highlighted the importance of accepting oral histories, customary boundaries, grazing grounds, water sources, and burial sites as evidence, noting that many communities rely on generational knowledge not captured in formal registration records.
The calls for the NLC to halt land deals come amid a broader national debate on public-land allocation and the constitutional requirement under Article 68 for Parliament to provide a review mechanism for grants and dispositions to determine their legality. The NLC’s current regulations, gazetted in 2017, already allow reviews arising from complaints, granting affected parties notice and a hearing.
However, residents argue that additional powers are needed to prevent further dealings while investigations are pending. Chairperson of the Tana River County Assembly Committee on Lands, Abubakar Mohammed, cautioned that any expanded authority for the NLC must include safeguards against abuse, ensuring both protection of contested land and fair hearings for registered owners and communities.
The NLC reports receiving 3,665 historical land-injustice claims, of which 126 have been analyzed and determined, underscoring the scale of unresolved grievances that the revised regulations aim to address. CEO Kabale Tache stated that the public consultations are intended to shape regulations that provide a clearer legal basis for handling outstanding complaints while allowing communities and other parties a viable path to pursue unresolved grievances.
The proposed regulations aim to address the concerns of communities and provide a framework for resolving land disputes. The NLC's efforts to engage with stakeholders and gather feedback will help shape the final regulations, which are expected to have a significant impact on the management of public land in Kenya.
Key points
- Tana River residents call for the National Land Commission to halt land deals during investigations into irregular allocations.
- The proposed regulations aim to provide a clearer legal basis for handling outstanding complaints and resolving land disputes.
- The National Land Commission has received 3,665 historical land-injustice claims, with 126 analyzed and determined so far.
