The National Land Commission (NLC) is pushing for the introduction of a certificate of reservation to address the widespread issue of public land grabbing. This proposed document aims to complement the existing certificate of lease and certificate of title currently recognized by law.
Dr. Samuel Nthuni, the NLC’s Director of Land Administration and Management, explained that the current land documents do not effectively prevent the misuse of public land by unscrupulous officials. He highlighted that the proposed certificate of reservation would ensure public land remains designated for its intended purpose indefinitely, protecting it from future attempts to seize or repurpose it.
The new certificate will specify the intended use of the land, a level of detail not covered by the current certificates of lease or title.
“We want to ensure that public land documentation clearly distinguishes it from private land,” Dr. Nthuni said. “By introducing the certificate of reservation, we will make public land documentation unique and specific, ensuring that it remains reserved for its designated purpose.”
Dr. Nthuni provided an example to illustrate the necessity of this proposal: “Consider a school like Moi Avenue Primary School, located in the city center. If its lease expires, the governor could decide not to renew it, which might lead to repurposing the land. However, with a certificate of reservation, the land’s intended use would be assured perpetually, eliminating the need for lease renewals.”
He noted that Section 15(1) of The Land Act, 2012, grants the NLC the authority, in consultation with national and county governments, to reserve public land for specific purposes in the public interest, as outlined in Article 66(1) of the Constitution. Section 15(2) of the Act further stipulates that reserved land must be used solely for the purpose stated in the reservation order and cannot be allocated or developed otherwise.
Dr. Nthuni emphasized that this proposal is part of the NLC’s recommendations included in the Lands (Amendment) Bill, 2022, currently under consideration by Parliament.
He likened the certificate of reservation to vehicle number plates, stating, “Just as a GK number plate identifies a government vehicle and a private plate signifies private ownership, the certificate of reservation will clearly denote public land and its intended use.”
This proposed certificate aims to create a clear and permanent record of land usage, ensuring that public land is protected from misuse and remains dedicated to its intended purposes.
