A PRESENTATION ON THE DRAFT LAND BILL, LAND …

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Transcript A PRESENTATION ON THE DRAFT LAND BILL, LAND …

PRESENTED BY:
MR.AMBROSE RACHIER
VENUE:
THE KENYA SCHOOL OF LAW
COURSE:
CONVEYANCING LAW AND
PRACTICE COURSE LECTURE
DATE &TIME:
22ND JUNE 2012 AT 11:00am1:00pm
LAND LAWS 2012 BY MR. RACHIER.
1
THE NEW LAND LAWS
2. BACKGROUND
>THE NEED FOR LAND REFORMS
1.



National Land Policy
Agenda 4
Constitution: Art60 to 68
2
LAND LAWS 2012 BY MR. RACHIER.
3.
CONCEPTUAL BACKGROUND
› National Values and Governance Policy
› Principles of Devolution
LAND LAWS 2012 BY MR. RACHIER.
3
4.
5.
6.
-MISCHIEFS THAT NEEDED REFORM;
-IMPLICATIONS OF THESE MISCHIEFS;
-HOW MISCHIEFS HAVE BEEN ADDRESSED
IN THE ACTS
IMPACT OF THE NEW LAND LAWS IN THE
NEW CONSTITUTIONAL DISPENSATION
CHALLENGES
LAND LAWS 2012 BY MR. RACHIER.
4
THE LAND ACT (No. 6 of 2012)
 The Land Registration Act (No 3 of 2012)
 The National Land Commission Act (No.
3 of 2012)
 Commencement date 2.5.2012
 The Land Act Repealed

 The way leaves Act (Cap 292)
 The Land Acquisition Act (295)
LAND LAWS 2012 BY MR. RACHIER.
5

The Land Registration Act Repealed
a. The Indian Transfer of Property Act 1882
b. The Government Lands Act (Cap 280)
c. The Registration of Titles Act(Cap 281)
d. The Land Titles Act (Cap 282) and;
e. The Registered Land Act (cap 300)

It is proposed to enact a Community
Land Act
LAND LAWS 2012 BY MR. RACHIER.
6
a. Agenda 4
b. National Land Policy
c. Constitution: Art60 to 68
LAND LAWS 2012 BY MR. RACHIER.
7

The need for reforms in post
independence Kenya was a
culmination of a number of factors:
Land grabbing [Njonjo Commission].
ii. Irregular/Illegal allocations [Ndung’u
Commission].
iii. Tribal clashes/Ethnic violence [Akiwumi
Commissions].
i.
LAND LAWS 2012 BY MR. RACHIER.
8
iv.
Post election/ethnic violence (PEV)
2007-2008 [Waki Commissions].
LAND LAWS 2012 BY MR. RACHIER.
9
LAND LAWS 2012 BY MR. RACHIER.
10
1.
On the 28th of February 2008,
President Kibaki and Hon.
Raila Odinga entered into
the agreement on the
principles of partnership of
the coalition government
brokered by H.E Kofi Annan
“to foster national accord
and reconciliation” following
what was recognized as
“deep seated and longstanding
divisions
within
Kenyan society”.
LAND LAWS 2012 BY MR. RACHIER.
11
 This
agreement was given legal effect
on the 20th of March 2008 by the
enactment and bringing into force of
the National Accord and
Reconciliation Act (No. 4 of 2008).
LAND LAWS 2012 BY MR. RACHIER.
12
3.
The above agreement was intended to
provide “the means to implement a
coherent and far reaching reform agenda
(and) to address the fundamental causes
of recurrent conflict……”
4.
On the 23rd of May 2008 an agreement
between PNU on the one hand and ODM
on the other was entered which contains
what has become known as Agenda 4 –
long term issues.
LAND LAWS 2012 BY MR. RACHIER.
13
5.
Agenda 4 reaffirms the parties’
commitment to address
a. Land reform;
b.
Poverty, inequity and regional imbalances;
c.
Unemployment and particularly among the youth;
a.
Consolidation of national cohesion and unity; and
b.
Transparency and accountability and impunity.
LAND LAWS 2012 BY MR. RACHIER.
14
6.
Agenda 4 with regard to land reform states thus:
“We recognize that the issue of land has been a source
of economic, social, political and environmental
problems in Kenya for many years. We agree that land
reform is a fundamental need in Kenya and that the
issue must be addressed with the seriousness it
deserves.Towards this end, we agree to fully support
efforts to establish the factors responsible for conflicts
over land and to formulate and implement
actionable
short,
medium
and
long-term
recommendations on the issue.”
15
LAND LAWS 2012 BY MR. RACHIER.
7.
Agenda 4 identifies land reform on an
implementation matrix as follows:
a.
The need for a constitutional review to address
fundamental issues of land tenure and land use.
b.
The development and implementation of land policies
taking into account the linkages between land use,
environmental conservation, forestry and water
resources.
c.
Finalization of the draft National Land Use Policy and
enactment of attendant legislation.
LAND LAWS 2012 BY MR. RACHIER.
16
d. The harmonization of land laws into one statute
to reduce multiple allocations of title deeds.
e. Establishment of a transparent, decentralized,
affordable,
efficient
GIS
–based
Land
Information. Management System and a GISbased Land registry at the Ministry of Lands
including all local authorities.
f.
Land Ownership Document Replacement for
owners affected by post election violence.
17
LAND LAWS 2012 BY MR. RACHIER.
g.
Development of a National Land Use Master Plan;
taking into account environmental considerations.
h.
Establishment of a Land reform Transformation Unit
in the Ministry of Lands to facilitate the
implementation of the land reform programme as
outlined in the National Land Use Policy.
i.
The need to strengthen local-level mechanisms for
sustainable
land
rights
administration
and
management.
j.
The enactment of the Land Dispute Tribunal Act for
purposes of dispute resolution.
LAND LAWS 2012 BY MR. RACHIER.
18
LAND LAWS 2012 BY MR. RACHIER.
19
The government had undertaken to
come up with a National Land Policy
even before the Agenda 4.
 However, the formalization of a National
Land Policy became much more urgent
only after the PEV which acted as a
catalyst.

LAND LAWS 2012 BY MR. RACHIER.
20

Constitutional issues.
For Example; power of allocation, compulsory acquisition,
ownership of land by non-citizens and devolution.

Land tenure issues.
For Example; 999 year leases, freehold and leasehold
interests & tenure of public, private and community land.

Land use management issues.
For Example; Land use planning.

Land administration issues;.
For Example; double titling, delays
corruption in lands offices and records.
in
registration,
21
LAND LAWS 2012 BY MR. RACHIER.

Land issues requiring special intervention.
For Example; Coast province, squatters,
IDPs, refugees and land based disasters.
Institutional framework.
For Example: Office of the Commissioner of
Lands, the office of the President and Land
Registries.
 Implementation framework.

LAND LAWS 2012 BY MR. RACHIER.
22
LAND LAWS 2012 BY MR. RACHIER.
23
RELEVANT ARTICLES THAT INFORMED THE CONTENT OF THE
DRAFT BILLS









Article 60 [Principles of land policy]
Article 61 [Classification of land]
Article 62 [Public land]
Article 63 [Community land]
Article 64 [Private land]
Article 65 [Landholding by non-citizens]
Article 66 [Regulation of land use and property]
Article 67 [National Land Commission]
Article 68 [Legislation on land]
24
LAND LAWS 2012 BY MR. RACHIER.
68. Parliament shall—
(a) revise,
consolidate and rationalise
existing land laws;
(b) revise
sectoral land use laws in
accordance with the principles set out in
Article 60 (1); and
(c) enact legislation —
25
LAND LAWS 2012 BY MR. RACHIER.
i.
to prescribe minimum and maximum land
holding acreages in respect of private
land;
ii.
to regulate the manner in which any land
may be converted from one category to
another;
iii.
to regulate the recognition and protection
of matrimonial property and in particular
the matrimonial home during and on the
termination of marriage;
LAND LAWS 2012 BY MR. RACHIER.
26
iv. to protect, conserve and provide access to all public
land;
v. to enable the review of all grants or dispositions of
public land to establish their propriety or legality;
vi. to protect the dependants of deceased persons
holding interests in any land, including the interests of
spouses in actual occupation of land; and
vii. to provide for any other matter necessary to give
effect to the provisions of this Chapter.
27
LAND LAWS 2012 BY MR. RACHIER.
Existing land holdings Section 8 [1] & [2]

Freehold interest vested in non citizens to revert
to the Republic of Kenya which is then to be
held by the Republic on behalf of the people of
Kenya and the State shall grant to the person a
ninety-nine year lease at a peppercorn rent.

Any other interest in land in Kenya greater than
a ninety-nine year lease held by a person who
is not a citizen shall be converted to a ninetynine year lease.
LAND LAWS 2012 BY MR. RACHIER.
28
a. National Values and Governance Policy
b. Principles of Devolution
LAND LAWS 2012 BY MR. RACHIER.
29
National Values and Governance Policy
(Art. 10 of the Constitution)

The guiding principles of land
Administration set out in section 4 of the
Land Act, 2012 are in consonance with
Art 10 specifically (2) (b) and (c) of the
Constitution.
LAND LAWS 2012 BY MR. RACHIER.
30

Section 4 of the Land Act outlines the
following guiding values and Principles:
›
›
›
›
›
›
›
›
Equitable access to land
Security of Land Rights
Elimination of gender discrimination
Transparency
Cost effective Administration
Public participation
Non-discrimination
Alternative Dispute Resolution mechanisms.
LAND LAWS 2012 BY MR. RACHIER.
31




Art. 6 of the constitution provides for Devolution
and Access to services in all parts of the
Republic.
The proposed reforms take into account
devolved government by providing for
management of public land by National Land
Commission on behalf of National and County
governments. (section 5 of the NLC Act)
Section 6 & 7 of LR Act provides for devolved
registry systems while.
Section 8 LRA recognizes need to establish
Community land Registries.
LAND LAWS 2012 BY MR. RACHIER.
32
LAND LAWS 2012 BY MR. RACHIER.
33
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Land Allocation.
Compulsory Acquisition.
Land Hoarding, Absentee Landlordism & Subdivision
into uneconomic units.
Numerous Legislations over Land.
Squatters, Informal Settlements, IDPs, Refugees &
Land related disasters.
Delays in Service Delivery.
Access to Land by the Vulnerable Populations.
Indefeasibility of Title and Revocation of Allocation.
Historical Injustices.
Protection of matrimonial property.
Community Land.
LAND LAWS 2012 BY MR. RACHIER.
34
MISCHIEF:
 Abuse of Discretion by the President and
Commissioner of Lands in allocation of
land
35
LAND LAWS 2012 BY MR. RACHIER.
IMPLICATIONS:
 Land became a bargaining chip for
Political patronization and expediency and
was dished out to cronies without payment
of any consideration to the government.
 Individuals found it easier to acquire land
by being loyal to the powers that be or
offering money to the commissioner for
lands rather than purchasing land through
the right channels.
LAND LAWS 2012 BY MR. RACHIER.
36
Remedy provided by Bills:
1. Devolution of power initially held by single
individuals(the President or Commissioner
of Lands). This has been achieved by:
Establishment of National Land Commission
(9 members) to manage Public Land
(Constitution Art. 67 & NLC Act section 7)
 Vesting Public land in two different tiers of
governance i.e.. either held by the National
government or County government.

LAND LAWS 2012 BY MR. RACHIER.
37
2. Providing clear guidelines on how the 3
categories of Land ought to be
managed. (see Land Act 2012, Part IIPart V)
3. Stating that Public Land shall be held by
the National and County Government.
4. Providing the guiding values and
Principles of Land Management (Land
Act 2012, Section 4 (2)(d) transparent
and cost effective administration of land.
LAND LAWS 2012 BY MR. RACHIER.
38
MISCHIEF:
 Abuse of discretion [for example, the
Mlolongo case];
 Flimsy grounds in compulsorily acquiring
land; and
 Inadequate compensation.
39
LAND LAWS 2012 BY MR. RACHIER.
IMPLICATIONS:
 Individuals used government officials to
acquire lands that were strategically
placed but owned by other individuals.
 Land was merely taken from the hands
of X on pretext that it was needed for
government use then transferred to Y .
LAND LAWS 2012 BY MR. RACHIER.
40
Remedy provided by Bills:
 The power of compulsory acquisition has
remained vested in the State [Article 40].
 The Land Act has introduced clear
criteria and procedures for compulsory
acquisition of land. For example, notices
and compensation vide sections 107 to
133.
 The Land Act introduces preemptive
rights for the person whose land was
acquired compulsorily in case such land
is to be re-allocated [section 110].

LAND LAWS 2012 BY MR. RACHIER.
41
MISCHIEF:
 Holding of large tracks of unutilized land.
 Speculation.
 Subdivision into uneconomic units of
land.
42
LAND LAWS 2012 BY MR. RACHIER.
IMPLICATIONS:
 When the colonialists were leaving the
country, the lands they occupied were
irregularly
allocated
to
individuals
instead of being reverted back to the
people. In effect, vast lands are in the
hands of a few individuals who do not
use the lands effectively.
LAND LAWS 2012 BY MR. RACHIER.
43
Remedy provided by Acts:
 Constitutional requirement to provide for
maximum and minimum acreages [Article
68].
 The Land Act [Sections 159 & 160] gives the
Cabinet Secretary or the Commission
powers to prescribe rules governing both
‘hoarding of large tracks of land” and the
minimum units of subdivision.
 The NLC will also have power to review
grants that were issued previously (section
14)
LAND LAWS 2012 BY MR. RACHIER.
44
MISCHIEF;
 The existence of too many statutes on land
administration.
 The existence of a dual land regime system
that makes land administration complex
and ineffective.
45
LAND LAWS 2012 BY MR. RACHIER.
IMPLICATIONS;
 The system of land administration was
too complex to be comprehended by
the ordinary citizen. This opened a
window
for abuse by individuals
involved in Conveyancing. Most people
were unaware of the difference
between a title deed, a grant a letter of
allotment, certificate of title/lease. This
fueled a lot of land fraud in the 90’s.
LAND LAWS 2012 BY MR. RACHIER.
46
Remedy provided by the Land Acts:
 The enactment of:
i. The National Land Commission Act;
ii. The Land Act;
iii. The Land Registration Act; and
iv. The Community Land Bill, which seeks to
consolidate, harmonize and rationalize
legislation over land.*(not yet enacted)
LAND LAWS 2012 BY MR. RACHIER.
47
Mischief:
 These pose challenges planning and
land use.
 They provide conflict [for example, Mau,
Sinai, Kibera, Mathare, Ogieks].
48
LAND LAWS 2012 BY MR. RACHIER.
IMPLICATIONS:
 The issue of landlessness in Kenya has its
roots on colonization and the irregular
allocation of land in the hands of a few
individuals as was rampant in previous
regimes. This led to a minority of
landlords and a majority of landless
individuals.
LAND LAWS 2012 BY MR. RACHIER.
49
Remedy provided by the Acts:
 The Land Act gives powers to the
Cabinet Secretary to make rules and
regulations to deal with the peculiar
aspects of these phenomena [section
160]
LAND LAWS 2012 BY MR. RACHIER.
50
MISCHIEF:
 Lost files.
 Few registries.
 Outdated registry system.
51
LAND LAWS 2012 BY MR. RACHIER.
IMPLICATIONS:
 Registries were rampant with corruption,
soliciting for bribery, disappearance of
files and their appearance after a ‘fee’
was paid, extraction of crucial
documents from files, collusion between
clerks and fraudsters to alter registers
etc(see Law society Audit of the Land
Registries in Kenya 2011)
LAND LAWS 2012 BY MR. RACHIER.
52
Remedial aspects:
 Devolution of registries (Land Registration
Act Section 6 & 7)
 Electronic system (LRA Section 9)
 Supervisory powers of the NLC (NLC Act
Section 5 (2) (b)
 Provision of clear time frames for
delivery.
LAND LAWS 2012 BY MR. RACHIER.
53
MISCHIEF:
 Discrimination [HIV/AIDS, women].
Reform:
 The
Land Act gives the Cabinet
Secretary the power to make rules under
section 160 (2)(a) to secure the land
rights of the vulnerable populations to
individually or collectively access and
use land and land based resources.
LAND LAWS 2012 BY MR. RACHIER.
54
MISCHIEF:
 Illegal and irregular allocations.
IMPLICATIONS:
 Indefeasibility of title encouraged many to
acquire title behind the back of individuals
with overriding interests on land. Once they
had the titles they knew that they would not
be challenged.
55
LAND LAWS 2012 BY MR. RACHIER.
REMEDIAL ASPECTS:
 Review of grants [section 14(1) National
Land Commission Act].
 Power to revoke illegally acquired titles
to land [Article 40].
 Registration of land shall be subject to
overriding interests [clause 28 LRA]
LAND LAWS 2012 BY MR. RACHIER.
56
MISCHIEF
 From 1895 when the Kenya was
declared a protectorate to date
experienced a number of injustices in the
allocation and administration of land.
57
LAND LAWS 2012 BY MR. RACHIER.
IMPLICATIONS:
 Some white settlers left after
independence left their lands to the
government (controversial Z-plots after
Independence)
 Land was transferred to a few individuals
and not the masses who had fought for
it, thus the outcry of the landless
especially in Central and the coast
regions
LAND LAWS 2012 BY MR. RACHIER.
58
REMEDIAL STEPS:
 A framework has been put in place in
the National Land Commission Act to
provide for the adjudication of historical
land injustices. [Sections 14 and 15]
LAND LAWS 2012 BY MR. RACHIER.
59
MISCHIEF:
 unequal rights.
 Lack of registration.
 Deprivation of community land rights.
 Conflicts over land based resources.
60
LAND LAWS 2012 BY MR. RACHIER.
IMPLICATIONS:
 Community land previously known as
Trust Lands were abused by county
councils who held them in trust for the
communities. They were transferred to
individuals without benefiting any of the
community members.
LAND LAWS 2012 BY MR. RACHIER.
61
REMEDY:
 Community Land Bill [yet to be discussed
with the stakeholders].
LAND LAWS 2012 BY MR. RACHIER.
62
LAND LAWS 2012 BY MR. RACHIER.
63

The land Laws have secured (on behalf
of both genders) the right to access and
protection of Matrimonial property.
Assured by:› Subjecting registration of land to overriding
interests-spousal rights over matrimonial
property [section 28 (a)]
› Validity of charge on matrimonial home if
executed by both chargor and spouse
[section 79 (3)]
LAND LAWS 2012 BY MR. RACHIER.
64
› Power of court to re-open charge involving
›
›
›
›
›
matrimonial home in the interest of justice
([section 105] LA)
Notice of sale of charged land must issue to the
chargor’s spouse where spouse gave consent
([section 96 (2)] LA)
Land for Co-ownership deemed as held by
parties as joint-tenants [section 93 LA]
spouse registered as joint tenant[section 93 LA]
Acquisition of interests in land through labour
and productivity (spouse) [section 93 (2)LA]
Duty of chargee or assignee to ensure spousal
consent in dealings with matrimonial ppty.(s 93)
LAND LAWS 2012 BY MR. RACHIER.
65

The Guiding values and principles
emphasis on access rather than
ownership of land. [Section 4 (2) (a) LA]
equitable access to land.
LAND LAWS 2012 BY MR. RACHIER.
66
Art 68(c)(i) Formation of legislation to
prescribe minimum and maximum
acreages.
 Section 159 LA that minister to prescribe
rules that will determine minimum and
maximum land acreages.

LAND LAWS 2012 BY MR. RACHIER.
67
The right to property under Art. 40 does
not extend to any property that has
been found to have been unlawfully
acquired.
 The Land Acts get rid of the principle of
1st registration and recognizes other
interests in land. (Section 28LRA)
 Review of grants (Section 14 NLCA)

LAND LAWS 2012 BY MR. RACHIER.
68
Freehold interests in land will be
converted to 99years automatically.
(clause 8 (1) 6th schedule of the
Constitution)
 Leasehold interests held in Kenya greater
than ninety-nine years held by noncitizens shall be converted to 99years.
(Clause 8 (2) sixth schedule)
 Non-citizens can only hold land on the
basis of 99 year leases [Art 65];

LAND LAWS 2012 BY MR. RACHIER.
69

Land includes› Surface of earth & subsurface rock;
› Any body of water on or under the surface
› Marine waters in the territorial sea and
exclusive economic zone;
› Natural resources completely contained on
or under the surface; and
› The air space above the surface; (Art. 260)
LAND LAWS 2012 BY MR. RACHIER.
70
time limits for registration have been
introduced.
 Electronic register [Section 9 LRA]

LAND LAWS 2012 BY MR. RACHIER.
71
By the introduction of Electronic registers
the customary way of carrying out
searches (official + personal searches)
will change.
 There will be a different way of carrying
out personal searches e.g. via the
internet, using phone service numbers
etc.

LAND LAWS 2012 BY MR. RACHIER.
72
The enactment of the statutes led to the
repeal of all existing substantive Land Acts
and Registration Acts. Thus
ITPA,GLA,RTA,LTA,RLA were all repealed.
 Introduced Land Act- deals with substantive
law
 Land Registration Act- the registration
procedures and others elated to it.
 NLC Act- establishment of the commission,
sets out powers functions etc.

LAND LAWS 2012 BY MR. RACHIER.
73








The laws have harmonised the repealed statutes and
harmonised a number of concepts that were similar in
nature but statutorily different eg.
Grants, Certificates of Title, Land Certificates, Certificates
of Leases title deeds Certificate of title or Certificate of
Lease
Charge includes a Mortgage
Caution includes a caveat
Restriction includes Registrars caveat
Inhibition includes Prohibition
Equity of Redemption abolished and Right of Redemption
Confirmed (s.85 LA)
Overriding interests include spousal rights over Matrimonial
Property

LAND LAWS 2012 BY MR. RACHIER.
74
Charge does not transfer property to
lender
 Execution on instruments requires
verification
 Tacking recognised
 Lease of 2 years or less does not require
registration.

LAND LAWS 2012 BY MR. RACHIER.
75
“geo-reference” means the reference of
an object using a specific location either
on, above or below the earth’s surface;
 Registration of long-term leases only
upon the property being properly georeferenced. [Section 54 LRA *pending
establishment of facilities by the Director
of Surveys] (see Section 108 of LRA)

LAND LAWS 2012 BY MR. RACHIER.
76

Community land register, Registration of
members of the Community [section 8
(1)(c)] LRA
LAND LAWS 2012 BY MR. RACHIER.
77
› Players have changed thus from President
and commissioner.. Now 9 member
commission. (section 14 NLCA)
› Procedure for allocation of public land
changed eg. Guidelines of areas that
cannot be allocated forests, shrines, water
reservoirs, mangroves etc.
LAND LAWS 2012 BY MR. RACHIER.
78

There will be registries at the Sub county
level as each registration unit will have its
own registry. Section 8 LRA)
LAND LAWS 2012 BY MR. RACHIER.
79

One of the mandates of the NLC within 3
years of its formation will be to come up
with a framework of dealing with
historical injustices in relation to land
allocation, displacement etc. (See
constitution and NLCA)
LAND LAWS 2012 BY MR. RACHIER.
80
LAND LAWS 2012 BY MR. RACHIER.
81



The Land laws repealed all previous statutes
dealing with registration (see schedule to the
LRA)
Equally all Subsidiary legislations eg. Forms,
notices etc under the Acts were repealed as
well.
Questions were therefore raised by various
stakeholders particularly on issues of format of
documents/instruments to be presented for
registration within the transition period before
the cabinet Secretary makes the regulations
contemplated under Section 110 LRA.
LAND LAWS 2012 BY MR. RACHIER.
82

The commissioner of lands released a
practice instructions on the 18/06/2012
to shed light on the issues raised.
› 1. Section 105 LRA- recognizes all existing
titles & existing registries to be deemed to be
registries under new Act
› 2.Section 107LRA- allows leases of ongoing
Projects to be registered without georeferencing.
LAND LAWS 2012 BY MR. RACHIER.
83
3. Section 108 LRA- deals with the provisions
in respect of rules, orders, forms etc.
 Directs that rules, orders, forms etc shall
continue to apply until
others are
prescribed by the Cabinet secretary.
 But this is subject to alterations that are
meant to bring such documents into
conformity with the new Acts.
 The practice instruction goes ahead to
illustrate how such documents can be
made to conform to the Land Acts and
illustrates their format. (see attached notice)

LAND LAWS 2012 BY MR. RACHIER.
84
The language used to describe the
functions of the NLC under Art. 67 of the
constitution fails to set out clear
mandate of the commission.
 For instance it was expected to manage
Public land (not on behalf of the
Government)
 It was expected to register titles and
formulate the Programme (not to advise
the government to do this)

LAND LAWS 2012 BY MR. RACHIER.
85
The commission is expected to
‘encourage’ the application of
traditional dispute resolution mechanisms
in land conflicts;
 Alienation of public land to be made by
the NLC only on behalf and with the
consent of the National government.
These half hearted provisions might end up
making NLC a toothless organization that
will fail to realize its mandate.

LAND LAWS 2012 BY MR. RACHIER.
86
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The whole process of conveyancing
involves multiple stake holders. Ministry of
lands officers, advocates, estate agents,
real estate firms, the public are just but a
few examples of stakeholders.
 The challenge lies in their willingness to
accept the changes and avoid seeking
short cuts in conveyancing procedure.
 Most stakeholders got used to facilitating
their transactions. Will they accept proper
channels now that reforms are taking
place?

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