ADVOKS GLOBAL · KENYA
National Land Commission Act
15. Historical land injustices
Edition: 2025-11-04 · In force
15. Historical land injustices
(1)Pursuant to Article 67(2)(e) of the Constitution, the Commission shall initiate, receive, admit and investigate any historical land injustice complaint and recommend an appropriate redress.(2)For the purposes of this section, a historical land injustice means a grievance which—(a)was occasioned by a violation of right in land on the basis of any law, policy, declaration, administrative practice, treaty or agreement;(b)resulted in displacement from their habitual place of residence;(c)occurred between 15th June 1895 when Kenya became a protectorate under the British East African Protectorate and 27th August, 2010 when the Constitution of Kenya was promulgated;(d)has not been sufficiently resolved and subsists up to the period specified under paragraph (c); and(e)meets the criteria set out under subsection 3 of this section.(3)A historical land claim may only be admitted, registered and processed by the Commission if—(a)it is verifiable that the act complained of resulted in displacement of the claimant or other form of historical land injustice;(b)the claim has not or is not capable of being addressed through the ordinary court system on the basis that—(i)the claim contradicts a law that was in force at the time when the injustice began; or(c)the claimant was either a proprietor or occupant of the land upon which the claim is based; and(d)no action or omission on the part of the claimant amounts to surrender or renouncement of the right to the land in question.(4)A claim alleging historical land injustice shall be permissible if it was occasioned by—(b)independence struggle;(c)pre-independence treaty or agreement between a community and the government;(d)development-induced displacement for which no adequate compensation or other form of remedy was provided, including conversion of non-public land into public land;(e)inequitable land adjudication process or resettlement scheme;(f)politically motivated or conflict based eviction;(g)corruption or other form of illegality;(i)other cause approved by the Commission.(5)When conducting investigations under subsection (1) into historical land injustices the Commission may—(a)request from any person including any government department such particulars, documents and information regarding any investigation, as may be necessary; or(b)by notice in writing, addressed and delivered by a staff of the Commission to any person, direct such person, in relation to any investigation, to appear before the Commission at such time and place as may be specified in the notice, and to produce such documents or objects in the possession, custody or under the control of such person and which are relevant to that investigation.(6)Where a complainant is unable to provide all the information necessary for the adequate submission or investigation of a complaint, the Commission shall take reasonable steps to have this information made available.(7)If at any stage during the course of an investigation, the Commission is of the opinion that the resources of the Commission may be more effectively utilized if all claims within a given area or township were to be investigated at the same time, the Commission shall cause to be published in the Gazette or in such other manner as the Commission may deem appropriate, a notice advising potential complainants of the decision and inviting them to lodge claims within a period specified in such notice.(8)A claim in respect of a matter contemplated in subsection (7) shall not be lodged after the expiry of the period specified in the said notice.(9)The Commission, after investigating any case of historical land injustice referred to it, shall recommend any of the following remedies—(b)compensation, if it is impossible to restore the land;(c)resettlement on an alternative land;(d)rehabilitation through provision of social infrastructure;(e)affirmative action programmes for marginalized groups and communities;(f)creation of wayleaves and easements;(g)order for revocation and reallocation of the land;(h)order for revocation of an official declaration in respect of any public land and reallocation;(i)sale and sharing of the proceeds;(j)refund to bona fide third party purchasers after valuation; or(k)declaratory and preservation orders including injunctions.(10)Upon determination of a historical land injustice claim by the Commission, any authority mandated to act under the redress recommended shall be required to do so within three years.(11)The Commission shall publish in the Gazette all determinations made under this section.(13)The Commission shall complete an investigation under subsection (9) within one year.(14)The Commission shall make regulations to operationalize this section within 6 months from the coming into force of this section.(15)The provisions of this section shall stand repealed within 5 years from the coming into force of this section.