Land Amendment Bill – A full breakdown of the changes and what they mean for real-estate and land-owners

Land Laws (Amendment) Act, 2023 (sometimes referenced as “Land Amendment Bill 2024”)

What’s new

• The Bill proposes to amend major statutes including the Land Act, Land Registration Act and Community Land Act to clarify roles among the national government, counties and NLC. 
• Optional requirement that the Registrar publish Gazette notices whenever public land registration or disposition is being finalised — enhancing public oversight. 
• Proposed shifting certain powers (like valuation and compulsory acquisition) from NLC to the Cabinet Secretary for Lands — triggering concerns about institutional independence. 
• Review of rent and land valuation every ten years, aligning rent/lease values more closely with current market values.

Why it matters

This Bill aims to modernise Kenya’s land-laws framework—an essential step given the 2010 Constitution’s land reform agenda. Because registration, leasehold, public land and valuation rules are central to property investment, any change here has sector-wide impact.

Positive impacts

• Better transparency in public land deals: Gazette publication of registrations means fewer hidden transfers or disposals.
• More consistent valuation: Frequent reviews mean rent/lease values can reflect modern market dynamics—relevant for investors and land-owners seeking fair compensation.
• Clearer government/County roles: When roles are well defined, the system becomes easier to navigate for buyers, sellers and developers.

Negative / risk-factors

• Risk of centralisation and reduced NLC independence: Critics argue moving acquisition/valuation powers to Cabinet Secretary undermines the NLC’s role and checks & balances. 
• Higher costs and taxes: New valuations and rent reviews may mean higher annual costs for land-owners, especially those holding freehold land expecting minimal overheads. 
• Pressure on land-owners with legacy titles: Older freehold land may now face retroactive rent/lease review or new documentation demands — increasing overhead or complexity.
• Investor uncertainty: Because the Bill touches so many laws, some investors may delay decisions until full regulations and implementation details are clear.

What you should do

• If you hold public land or a grant, check whether the documentation, valuation and registration comply with the new draft provisions.
• If you hold freehold or leasehold land, monitor whether your county or national government plans revaluation or review—budget accordingly.
• When buying, ask the seller for evidence that any upcoming rent/valuation review has been done or disclosed—this is now a risk factor.
• If you are developing, ensure you budget for regulation changes, including possible new fees or valuation adjustments.

Final thought

The Land Laws Amendment Act represents a modernising push—but with it comes complexity and risk. For land-owners and real-estate investors in Kenya, the key takeaway is this: the legal environment is changing significantly. Secure titles, transparent documentation and awareness of evolving regulation will be more important than ever in maintaining value and managing risk.