Land transactions involving public land are set to be made public after the National Assembly adopted a Senate amendment to the Land (Amendment) Bill (National Assembly Bill No. 40 of 2022).
The bill introduced the requirement that the land registrar must publish a gazette notice before completing land registrations involving public land.
Sponsored by Ruiru Member of Parliament Simon King’ara, the bill was initially passed by the National Assembly on March 20, 2024, before being forwarded to the Senate.
The National Assembly then adopted a Senate amendment to the Land (Amendment) Bill (National Assembly Bill No. 40 of 2022), introducing the key requirement to foster accountability and transparency.
Following the amendment, Clause 5 of the bill now states that the registrar must “publish a notice in the Gazette specifying the particulars of the registration” in cases covered under the proposed sub-section (16).
The National Assembly approved the amendment, paving the way for the bill to proceed to President William Ruto for assent.
The requirement is significant, given the long-standing issue around public land in the country. In the past, tracts of public land have been irregularly allocated to private individuals, often through fraudulent means.
By requiring public disclosure through a gazette notice, the amendment seeks to promote transparency while providing a new safeguard against fraud involving public land.
"The amendment reduces the risk of fraudulent transactions, promotes informed public participation, and provides a permanent, accessible record of land registrations," a statement from Parliament read.
On August 1, the Ethics and Anti-Corruption Commission (EACC) recovered public land worth Ksh104 million in Mombasa after a landmark ruling by the Environment and Land Court.
The reclaimed parcel, belonging to the Kenya Airports Authority (KAA), was allegedly unlawfully acquired by a former Coast Province Physical planner.
In a separate incident, a piece of land attached to Kenya Railways was recovered in Mombasa County, years after it was unlawfully allocated to private entities.
