ISK objects to proposed land control bill 2023
The Institution of Surveyors of Kenya (ISK) proposed the Land Control Bill, 2023, set to
National Assembly. While recognizing the need for an Act, CAP 302.
The committee chaired by Eric Nyadimo, MISK, LS(K) President, Institution of Surveyors of Kenya noted the appointment of Land Control Commit proposal to appoint the Land Registrar as members to the Land Control Committes introduce conflicts of interest, as the Land control activities.
” The bill proposes that the Deputy County Commissioner assumes the dual role of charing the selection panel for appointing the Land Control committee’s secretary,”Said The ISK president.
Lack of Capacity for Fact-Finding: ISK Control Committee lacks the necessary capacity to carry out Fact-Finding evidence gathering related to various acts,Environment and Land Court Act e.t.c.
Mandate for Combinations of Land: ISK notes that the bill does not grant the proposed Land Control Committee the authority to grant consents for land combinations, which deviates from the original intent of the Land Control Act.
Concerns are raised about the bill potentially infringing upon the powers of the Land Registrar, especially in relation to the resolution of boundary disputes, an area already regulated by the Land Registration Act.
The committee observed the Lack of Provisions for Land Surveyor Involvement: The bill lacks clear provisions for the involvement of Land Surveyors in specialized interpretation of cadastral plans for agricultural sites.
Also the Undefined Minimum or Maximum Land Holding: ISK questions the bill’s requirement for parties to provide details of the acreage of land they hold within the committee’s jurisdiction, as it implies the existence of undefined minimum or maximum land holdings.
Morerover,The bill’s reference to the Land Value Index is seen as insufficient for addressing specific land transactions covered by the Land Control Act.
ISK notes that the object of land control boards was to deal with dispositions such as subdivisions and transfers which is a land administration aspect and not a registration aspect as the proposed bill instigates.
“The philosophy behind the Land Act was to reduce statutes regulating land management, thus the proposal grossly negates the land policy sessional paper 3 of 2009 philosophy and objectives,”Said The ISK president.
ISK calls for further dialogue and collaboration to ensure that any amendments to the Land Control Act align with the interests of all stakeholders and serve the best interests of Kenya’s land control framework.
Furthermore,ISK firmly believes that the proposed Land Control Bil, 2023, contradicts existing provisions within the Land Registration Act and the Land Act.
“We assert that the current version of the bill is flawed and should be withdrawn,”Said
Eric Nyadimo, MISK, LS(K) President,
Post Author
