8. National Land Commission (Amendment) Act, 2025

The Act amends the NLC Act 2012 to allow the National Land Commission to continue reviewing grants of public land to extend the statutory period for admitting historical injustice claims

Quick Link: https://new.kenyalaw.org/akn/ke/act/2025/22/eng@2025-11-04

· The purpose of the amendment Act is to alter the NLC Act 2012 to allow the National Land Commission to continue reviewing grants and dispositions of public land to establish their legality and propriety as well as continue admitting and processing historical injustices over and beyond the time limitations set out under the current law.

· At present, the National Land Commission has no legal mandate to undertake these functions as the time afforded to it has lapsed/expired, yet many claims remain unresolved. The authority of the NLC to undertake these claims had been set to expire in May 2022 (being ten years following the enactment of the law as per section 15(11) of the Act).

· The President declined to assent to the Bill and conveyed his reservations on 01/07/2025. The National Assembly considered the reservations and passed the Bill for the second time on 12/08/2025, fully accommodating the President's reservations. It was returned to the President for assent.

· Among the key amendments to include the President’s reservations are:

a) The Act now introduces a 5 year limit for reviewing grants or dispositions, and limits the scope of the National Land Commission to reviewing all grants or dispositions to apply to public land issued before the 27^th August, 2010.

b) Removes automatic court enforcement- therefore, the Commission decisions require separate legal action to be upheld in court.

c) Empowers the Commission to seek an extension of the 5- year window, promoting flexibility under legislative oversight.

d) Limits the application of the Bill to historical land injustice and not present-day disputes.