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.
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