NLC raises alarm over slow Community Land Act implementation

Community Land Action Now President Dr Abubakar Ketemon Lewano and NLC CEO Kabale Tache signing an MOU

The National Land Commission (NLC) has expressed concern over the slow pace in implementing the Community Land Act 2016, nine years after its enactment.

The law, which gives effect to Article 63(5) of the constitution, provides for the recognition, protection and registration of community land rights, including management, administration and the role of county governments in relation to unregistered community land.

In Kenya, over 60 per cent of land is communal.

The Act recognises customary land rights, ensuring they carry the same legal weight as freehold or leasehold titles.

An NLC assessment monitored the transition of group ranches to community land.

At the time of the Act’s enactment, 315 undissolved group ranches existed across 11 counties. By May 2023, only 46 had transitioned, while 63 were undergoing subdivision.

The 2025 exit report by outgoing commissioners highlighted slow progress across several counties: Baringo had four undissolved group ranches, Kajiado two, Kilifi six, Kitui four, Kwale three, Laikipia 13, Narok 239 and Samburu 25.

Factors slowing the process included conflicts, financial constraints, limited awareness, governance issues and institutional capacity gaps.

During a two-day workshop in Naivasha on December 16, NLC commissioner Tiya Galgalo called for urgent action.

“The government alone cannot work in isolation in registering community land. This is a collective responsibility,” she said.

She emphasised that secure land rights are essential to prevent disputes, overlaps and land grabbing, particularly for vulnerable communities.

Galgalo also highlighted the importance of data in monitoring tenure security, identifying gender gaps and informing policy, urging both state and non-state actors to support funding for enhanced registration and oversight.

To strengthen community land protection, NLC has signed a Memorandum of Understanding with Community Land Action Now.

The collaboration aims to support land registration, monitor the transition from group ranches, promote dispute resolution and ensure responsible investments that safeguard community rights and promote sustainable development.