Government Organizations that deal with land in Kenya

The new 2010 constitution currently being implemented led to the formation of the following organization that deals with land for sale Kenya.

  1. Ministry of land and physical planning
  2. National land commission (NLC)
  3. County government ( county land management boards and land control boards)
  4. The environmental and land court (ELC)
  5. Magistrate courts
  6. Other institutions that help in land governance such as;
  • institution of land surveyors in Kenya (ISK),
  • Kenya land alliance (KLA)
  • Kenya land development and governance institute (KDGI)

What Is the Role of the Ministry of Land and Urban Development?

The ministry of land and physical planning offers the following services.

  1. Land registration services

The ministry of land and physical planning offers registration services such as;

  • Registration of documents like transfers, successions, discharge, etc
  • Issuance of land titles
  • Release of land title searches
  • Conversion of titles from one statute to another, etc
  1. Land administration services

The administration services provided by the ministry of land and physical planning include;

  • Issuance of lease
  • Change of user
  • Release of consent
  • Advise the public on land matters
  1. Land valuation services

The valuation services include;

  • Valuation of stamp duty
  • Rent assessment for government lease
  • Valuation for rating
  • Estimation of government properties for foreign missions
  • Settling of rent disputes, etc.
  1. Survey services

The survey services offered by the ministry of land and physical planning are as follows;

  • General boundaries surveys
  • Resolve boundary disputes
  • Sale of the land maps and national atlas
  • Preparation of title deeds, etc.

What Is the Role of the National Land Commission (NLC)?

The function of the national land commission, as stated by the national land commission Act, includes;

  • Manage national and county public land
  • Give recommendations on national land policy
  • Research land use and natural resources and give appropriate recommendations to the concerned departments.
  • Investigate on its own or upon complains on historical land injustices and recommend the best ways to redress.
  • Encourage traditional land dispute resolutions
  • Evaluate land tax and premiums of immovable property
  • Oversee land use planning throughout the country

What Is the Role of Land Control Boards?

The land control board is formed under the land control Act in Kenyan law to control agricultural land transactions. They offer the following services to the public.

  • Control land transactions such as sales, transfers, leases, mortgages, exchanges, etc.
  • They have powers to approve or deny transactions such as sales, mortgages of shares in private companies, etc.
  • The land control board is responsible for issuing a letter of consent if it is convinced the transaction is valid.

NB; the land control board consists of residents, enabling them to note fraudulent acts faster. However, the process is also affected by corruption as some board members become double agents( land brokers and land control board members)

What Is the Role of the Environmental and Land Court?

The environmental and land court is established under the land court Act of 2011 to hear and determine environmental-related disputes. Its primary role is;

  • Settles disputes related to environmental planning and protection, title deeds, boundary, land use, climate issues, etc
  • Deal with disputes related to compulsory acquisition of land.
  • The court is also mandated to settle disputes related to rates, rent, valuation, mining, and other natural resources.
  • The court offers solutions to disputes involving the administration and management of private, public, and community land and any other conflicts involving the environment and land.
  • The court’s jurisdiction is to hear and determine the application for a redress of a denial. It can also deal with disputes related to rights to a healthy environment.
  • The environmental and land court is mandated to hear and determine appeals from subordinate courts and local tribunals as long as the matters fall under its jurisdiction.
  • The court has the power to make orders and grant relief as it deems fit and just, including compensation, restitution, award of damage, etc.

What Is the Role of the Magistrate Court in Land Management in Kenya?

Magistrate courts are subordinate to higher courts such as the environmental and land court. They are mandated to hear and determine disputes related to land held under the customary tenure, which involves;

  • Marriages
  • Divorces,
  • Dowery
  • Status of widows, etc

NOTE; Individuals are allowed to appeal in environmental and land court if they are not satisfied with the magistrate court decision.

What Is the Role of Other Institutions That Help in Land Governance in Kenya?

Some of the institutions that take part in land management in Kenya include;

  1. Institution of land surveyors in Kenya (ISK)

The institution of land surveyors in Kenya is a professional organization that consists of land professionals such as licensed land and building surveyors, valuers, geomati engineers, registered real estate agents, property managers, etc.

It is formed to ensure professional, ethical performance by government bodies involved in land administration and management. The institution offers a diploma in land management surveyors that equips learners with the skills and knowledge required in the land administration process.

  1. Kenya land development and governance institute (KDGI)

The land development and governance institute is a non-governmental organization (NGO) that helps create the institutional framework and land laws. Its role includes;

  • Promoting advocacy for policy and legislative reforms
  • Participate in national debates on land reforms
  • Provide safe and equitable access to land and natural resources
  • Allow the people to develop sustainable livelihood
  • Contribute to constitutional review by ensuring principles and provisions on land, property, environment, and natural resources are included in the constitution.
  • Participate in agenda 4 reform process by ensuring justice and reconciliation process.
  1. Kenya land development and governance institute (KDGI)

The Kenya land development and governance institute is a non-profit organization founded to fill the gap between the community and policymakers. The idea was to enable an effective policy formulation and implementation. The KDGI functions include but are not limited to;

  • Promote good land policies
  • Track the policy implementation through the policy analysis forum
  • Empower society through sharing information on media or capacity-building platforms.
  • Conduct research to establish innovation on land uses and development.
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