16. Land (Amendment) Bill 2022

The Land (Amendment) Bill, 2022, seeks to amend the Land Act to provide for the registration of public land and land set aside for public purpose.

Quick link: http://www.parliament.go.ke/sites/default/files/2022-11/Land %28Amendment%29 Bill, 2022.pdf

The Bill stipulates that a public institution or body shall apply to the Registrar of Lands for registration of land allocated to it by the National Land Commission. The Registrar of Lands is also empowered by the proposed legislation to register land set aside for a public purpose following a proposed development plan. Upon registration, the Registrar issues a Certificate of Title in the name of either the public entity, the Cabinet Secretary to the National Treasury as trustee (where the land is owned by an unincorporated public entity) or the County Government, as applicable.

Currently, title documents are not issued in respect of public land and this has facilitated the grabbing of such parcels of land by private individuals. The Bill seeks to cure this mischief which is a commendable move. Particularly in relation to the provision of housing, land earmarked by the government for the development of affordable housing/ institutional housing units will be protected from land grabbers.