The Land Laws (Amendment) Bill, No. 2 of 2023 is a bill that seeks to amend the Land Laws of Kenya. The bill was introduced in the National Assembly on 23rd February 2023 and is currently in the committee stage.

The bill proposes a number of amendments to the Land Laws, including:

- Amending the definition of "land" to include all land in Kenya, whether registered or unregistered.
- Amending the provisions relating to the acquisition of land by foreigners.
- Amending the provisions relating to the compulsory acquisition of land by the government.
- Amending the provisions relating to the registration of land.
- Amending the provisions relating to the transfer of land.
- Amending the provisions relating to the subdivision of land.
- Amending the provisions relating to the consolidation of land.
- Amending the provisions relating to the partition of land.
- Amending the provisions relating to the settlement of land disputes.

The bill is intended to address a number of issues with the current Land Laws, including:

- The lack of a clear definition of "land".
- The difficulty that foreigners face in acquiring land in Kenya.
- The lack of transparency in the process of compulsory acquisition of land by the government.
- The high cost of registering land.
- The difficulty in transferring land.
- The difficulty in subdividing land.
- The difficulty in consolidating land.
- The difficulty in partitioning land.
- The lack of an effective mechanism for settling land disputes.

The bill is currently being considered by the National Assembly Committee on Lands and Natural Resources. The committee is expected to report back to the National Assembly with its recommendations on the bill by the end of June 2023.

Sources:
- [National Assembly of Kenya](https://www.parliament.go.ke/bills/2023/the-land-laws-amendment-bill-no-2-of-2023)
- [Kenya Law](https://kenyalaw.org/kl/index.php?id=11753)

**The Land Laws (Amendment) Bill, No. 2 of 2023**

**Background:**

The Land Laws (Amendment) Bill, No. 2 of 2023, was introduced in the Lok Sabha (lower house of the Indian Parliament) on March 13, 2023. It seeks to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act).

**Key Provisions:**

* **Exemption for Certain Projects:** The Bill exempts certain projects from the requirement of obtaining consent from 80% of affected landowners and conducting a social impact assessment. These projects include:
    * Defense and national security projects
    * Infrastructure projects such as highways, railways, and airports
    * Affordable housing projects
    * Industrial corridors and special economic zones
* **Reduced Timeframe for Land Acquisition:** The Bill reduces the timeframe for land acquisition from 5 years to 2 years.
* **Compensation for Landowners:** The Bill provides for compensation to landowners at twice the market value of the land in rural areas and three times the market value in urban areas.
* **Resettlement and Rehabilitation:** The Bill mandates the government to provide resettlement and rehabilitation benefits to affected landowners, including housing, land, and financial assistance.
* **Dispute Resolution:** The Bill establishes a Land Acquisition Authority to resolve disputes related to land acquisition.

**Objectives:**

The stated objectives of the Bill are to:

* Facilitate the acquisition of land for infrastructure and other development projects
* Reduce the time and cost of land acquisition
* Ensure fair compensation and resettlement for affected landowners

**Criticism:**

The Bill has faced criticism from opposition parties and civil society groups, who argue that it:

* Undermines the rights of landowners and farmers
* Facilitates land grabbing by corporations
* Weakens environmental protections
* Exempts projects from public scrutiny and accountability

**Current Status:**

The Bill is currently under consideration by a Parliamentary Standing Committee. The Committee is expected to submit its report to the Lok Sabha by the end of the monsoon session of Parliament.

The Land Laws (Amendment) Bill, No. 2 of 2023, is a legislative proposal in Kenya aimed at amending various laws related to land to align them with the Constitution and address emerging issues in land management and administration. Here are some key points about the bill:

- **Purpose**: The bill seeks to amend existing land laws to ensure they are consistent with the Constitution of Kenya. This includes giving effect to specific constitutional articles related to land management and administration.

- **Key Amendments**:
  - **Land Control Act**: One of the significant amendments proposed is the deletion of the Second Schedule of the Land Control Act. This schedule typically outlines specific provisions related to land control boards and their functions.
  - **Alignment with the Constitution**: The bill aims to align land laws with Articles 68(c)(i) and 67(2)(e) of the Constitution. These articles pertain to the regulation of land use and property rights, ensuring that land laws are in harmony with constitutional mandates.

- **Legislative Process**: The bill was published in the Kenya Gazette Supplement No. 237 and is currently under consideration by the National Assembly. The legislative process involves several stages, including readings, committee reviews, and potential amendments before it can be enacted into law.

- **Impact**: If passed, the amendments will have significant implications for land administration in Kenya, potentially affecting land transactions, land use planning, and the overall governance of land resources.

For more detailed information, you can refer to the official documents and publications related to the bill:

Sources:
- [Kenya Gazette Supplement No. 237](http://www.parliament.go.ke/sites/default/files/2024-02/The%20Land%20Laws%20%28Amendment%29%20%28No.2%29%20Bill%2C%202023-1.pdf)
- [Kenya Law](https://kenyalaw.org/kl/index.php?id=11753)
- [Ministry of Lands and Physical Planning](https://lands.go.ke/wp-content/uploads/2023/11/Land-Laws-Amendment-Bill-2023.pdf)

Tell me about THE LAND LAWS AMENDMENT BILL, NO. 2 OF 2023

Ask a lawyer: Tell me about THE LAND LAWS AMENDMENT BILL, NO. 2 OF 2023

Ask a lawyer:
Tell me about THE LAND LAWS AMENDMENT BILL, NO. 2 OF 2023