105. The National Land Commission Act, Cap 5D, Laws of Kenya ,establishes the National Land Commission to manage public land on behalf of the National and County Governments; to recommend a national land policy to the National Government; to advise the National Government on a comprehensive programme for the registration of title in land throughout Kenya; to conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities; to initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress; to encourage the application of traditional dispute resolution mechanisms in land conflicts; to assess tax on land and premiums on immovable property in any area designated by law; and lastly to monitor and have oversight responsibilities over land use planning throughout the country. 106. Section 58 of the Environmental Management and Coordination Act, Cap 387, Laws of Kenya requires that an Environmental Impact Assessments be carried out before commencing any developments. This is to safeguard the use of property. It is also intended to identify the impacts (both beneficial and adverse) of a proposed public and private development activities on the environment. Often, the focus is dominantly environmental (biophysical); but good practice also addresses social and economic aspects. 107. The Truth Justice and Reconciliation Act established the Truth Justice & Reconciliation Commission (TJRC) whose duty was among other things, to deal with historical land injustices. At the time of submitting this report, the TJRC report is before the National Assembly for their consideration before implementation commences. Further, there is the Community Land Bill, 2013 which seeks to protect group rights and vulnerable communities. 108. The Ministry of Lands and Housing has developed Eviction Guidelines and developed the Eviction and Resettlement Procedures Bill, 2012. The Bill provides guidelines for evictions in line with the Constitution and internationally accepted standards. For instance, prior to evictions, residents must be consulted and provided adequate and reasonable notice. The environmental, economic and social impact resettlement action plans and an opportunity for legal redress are also addressed. Also, the proposed law requires that before decisions to carry out evictions are made, a notice of intent should be issued three months in advance. In addition, adequate information on the reasons for the proposed eviction and alternative purpose for which the land will be used must be indicated. 109. The Bill also provides for special measures to ensure women are not subject to gender-based violence or other forms of discrimination during evictions. After evictions, authorities should facilitate management and handing over of proper infrastructure to the resettlement site. The proposed law insists that evictions must be carried out in a manner that respects human dignity, right to life and security of the affected. The Bill was developed after wide consultations with stakeholders. 110. With regard to Internally Displaced Persons (IDP), the Government has adopted the Internally Displaced Persons Policy to prevent future displacement and to fulfill the country's obligations under the regional and international IDP law. The policy is in line with the UN Guiding Principles on Internal Displacement. The Government has also drafted the Internally Displaced Persons Bill that seeks to protect vulnerable groups. 27

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