National Land Commission (Amendment) Act, 2023

What’s changed, and why it matters for land-owners & investors in Kenya

What’s new

• The amendment restores the mandate of the National Land Commission (NLC) to review historical grants and dispositions of public land issued before August 27, 2010. p

• A time-window clause was introduced: the Commission can investigate such past grants for five years, with the possibility of extension via Parliament. P

• Redress determinations will be published in the Kenya Gazette and may be registered in the High Court.

Why it’s important

This marks a major shift. For years many past land allocations (especially public land) escaped review because the five-year period to file claims had lapsed. The amendment reopens that window and gives NLC renewed teeth. For land-owners, this means greater scrutiny of past titles and grants.

Positive impacts

• Greater justice for communities: Victims of historical land injustices now have a legal route to seek review, compensation or correction.

• Stronger land governance: The restoration of NLC’s oversight role may curb illegal or questionable disposal of public land, enhancing trust in land titles.

• Improved transparency: With determinations required to be published, prospective buyers/investors will have more visibility into land histories.

Negative / risk-factors

• Uncertainty for land-owners: Titles issued decades ago may now be reviewed. If your land was allocated under public grant or lease, you might face investigation, delays or even annulment.

• Cost and delay: Review processes will require time and possibly legal costs. Investors holding land may see slower exit options.

• Burden on NLC & system: The sudden workload could overwhelm the Commission, causing backlogs and unclear timelines.

What you should do

• Verify the original grant/lease date of your land — if before 2010, note that it may fall under review scope.

• Ensure your registration records are complete and your title clear of past disputes or illegal allocations.

• For investment land, revise your holding strategy: longer horizons may be necessary; budget for due-diligence.

• When buying, insist on full grant history and NLC clearance to reduce risk.

Final thought

The NLC amendment is a moment of reckoning for Kenya’s land sector. It tilts the balance toward transparency and accountability — which is good for well-documented land-owners — but raises risk for those who hold land with opaque histories. For investors and development-minded owners, the move highlights that the quality of title will matter more than ever.