Kenya National Land Commission Illegal Land Leases Warning: Press Release
WARNING ON ILLEGAL LAND LEASES
It has come to the Notice of the National Land Commission, that despite a public warning that was given on 11th September, 2014, illegal leases and grants are still being produced without the authority of the Commission. Certificates of grants or title deeds are also being issued in the same manner. The public is hereby informed that such leases do not grant any interest in public land, and are null and void.
As a result of the above, the illegal leases are being produced on top of land already allocated with existing leases. The illegal leases are being used by unscrupulous persons to invade private property with a view of forcefully taking over.
The National Land Commission is mandated under Section 23 of the Land Act to issue leases on public land and such leases shall be sealed by the Commission. It is only there after that such a lease shall be presented to the Chief Land Registrar, who may Issue a Certificate of Lease (Commonly referred to Title Deed) as provided for under Section 30 of the Land Registration Act.
Also, note that the Supreme Court Ruling of 2015 emphasized that it is only the National Land Commission that is mandated to issue, renew and process leases.
This is to remind members of the public, banking institutions and all other entities that any such lease or certificate of lease issued after the 1st of March 2013 and not signed and sealed by the Commission is not a legal document and should not be used for any transactions.
Members of the public who may be recipients of such leases are advised to consult and confirm with the National Land Commission on the validity of these leases before transacting in them. In addition, members of the public are advised to surrender them to the Commission for correction and/or regularization.
Prof. Muhammad A. Swazuri, PhD, OGW
Chairman, National Land Commission and Associate Professor of Land Economics
NATIONAL LAND COMMISSION
Ardhi House, 12th Floor, 1st Ngong Avenue