National Land Commission (Amendment) Act, 2023

By Team Makao on 21/10/2025

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.