NLC under fire over unresolved historical land injustice cases

Kenya National Land Commission chairman Gershom Otachi before the Senate Committee on Lands at Parliament building yesterday /ENOS TECHE

Senators have criticised the National Land Commission for being too slow to process more than 2,000 cases of historical injustice.

The Senate Lands Committee accused the Gerishon Otachi-led commission of failing to put in place mechanisms to resolve the cases, leaving Kenyans suffering prolonged injustice through deprivation of land.

“They are talking about 2,000 cases of historical land injustices. We recommend their budget be enhanced so they can move faster,” committee chairman Mohamed Faki said. 

“They must also come up with a clear plan on how they are going to manage these cases so the public can see results.”

The lawmakers expressed frustration during a session with Otachi and other top NLC officials as they responded to multiple petitions.

Otachi said the commission is overwhelmed by the volume of cases it receives each year but denied deliberately ‘sitting on them’. He cited budgetary constraints and staff shortages as the main challenges.

“It is not that we have not been working. In areas like Mombasa, Kwale and Kilifi, we have cleared many cases. Others have been heard and only determinations are pending,” Otachi said.

Nominated Senators Beatrice Ogolla and Miriam Omar, however, faulted the commission for what they said was lacking of seriousness.

“The reason why our committee has the highest number of pending petitions is because of the commission,” Ogalla said. “They are either unresponsive or give us general answers.”

It emerged during the meeting that some petitions filed as far back as 2021 have yet to receive any response.

These include cases of recognition of land ownership rights and redress of injustices in Mombasa, illegal alienation in Kiambu and disputes in Olderkesi, Narok West.

One of the petitions was filed by Robin Muchondi on behalf of Marungu residents in Taita Taveta county.

Residents say they face eviction from their ancestral land due to what they allege is collusion among church officials, land officers and provincial administrators.

Muchondi told senators that in 2007, the Holy Rosary Catholic Church requested 75 acres to establish an orphanage and church. However, during site identification, the area chief allegedly directed instead that 1,000 acres be allocated. The elders opposed the move and the process stalled.

In 2009, the chief and church officials reportedly brought in a surveyor to excise the 1,000 acres, but he allegedly declined since the land was already occupied.

Despite the contention, in 2019 the church constructed a building on the disputed land and in 2023 the Ministry of Lands created the Ngoloki Adjudication Scheme that omitted the contested 1,000 acres, adjudicating it in favour of the Catholic mission.

“The adjudication omitted about 1,000 acres in favour of the mission. It is an injustice and a serious omission to allocate land without residents’ knowledge,” the residents’ petition reads.

Muchondi said efforts to resolve the issue with NLC since 2021 have gone unanswered.

Otachi said the claim is still under investigation.

“The commission received the claim in September 2021 under historical land injustices. It is currently undergoing investigations, including independent research and consultation with government agencies, before a hearing is scheduled,” he said.

Committee chairman Faki asked, “Does it mean investigations are handled on a first-come, first-served basis? Since 2021 is a long time, petitioners may have even lost hope.”

Otachi said the commission is working, saying the process involves screening “thousands and thousands” of documents. “We group the petitions county by county. We are actively involved in investigations and inquiries, but it is a massive workload,” he said.

The NLC plays a central role in land administration and governance. Key functions include investigating historical land injustices, promoting alternative dispute resolution and overseeing land use planning to ensure equitable access and sustainable development. It manages and alienates public land on behalf of the government, develops national land policies and advises on and monitors land registration.

Instant analysis

The Senate Lands Committee has criticised the NLC for taking too long to resolve more than 2,000 cases of historical land injustice. It urges more funding, faster work and transparency. Commission says it’s underfunded, understaffed and cases are complicated taking a long time to sort out. It also denies collusion involving land officers to deprive residents of property rights.