NLC Launches Investigative Guide to reduce backlog of land cases in Court

The National Land Commission NLC has officially launched an Investigation and Inquiry practitioners guide that withholds principles which are crucial for ensuring fairness, transparency, and effectiveness in resolving land-related issues.

According to Gershom Otachi, the NLC Chairman,This is not just a document; it is a powerful tool, forged in the fires of experience, to heal the wounds of the past and pave the way for a brighter future.

“Investigators and inquiry officers must be unbiased and free from any influence that could compromise their objectivity. This includes political, religious, ethnic, or personal interests,”He stated.

The guide emphasizes the need for transparency in all proceedings, ensuring that individuals understand the process and their rights.

Natural justice principles, such as the right to be heard and the right to know the case against them,he said are upheld throughout investigations and inquiries.

Speaking during the launch in Nairobi,The NLC chair said the scope and intensity of an investigation must be proportionate to the nature and complexity of the land dispute.

He noted the guide outlines procedures for handling sensitive information and protecting the privacy of individuals involved.

“The guide also recognizes the importance of involving communities affected by land disputes in the investigation process.
Community members may be consulted for information, participate in public hearings, and contribute to the development of recommendations.
By fostering community engagement, the NLC seeks to build trust and ensure that solutions are responsive to local needs and concerns,”He Said.

The guide also outlines established methods for evidence collection, including witness testimony, document analysis,and field investigations.

“But this guide is not solely for our Commission. It is a torch passed to every stakeholder in the land sector. Let it illuminate the path for government agencies, NGOs, community leaders, and even ordinary citizens to approach land disputes with understanding, empathy, and a resolute commitment to fairness”,Said NLC Chairman.

Sentiments that have been backed by Hon. Chief Justice and President of the Supreme Court of Kenya Martha Koome.

“This guide provides a much-needed roadmap for NLC staff and other stakeholders involved in land investigations and inquiries. It outlines the procedures, principles, and best practices that should be followed to ensure that investigations are conducted fairly, efficiently, and effectively,” Stated Chief Justice.

The Supreme court Judge noted the guide has the NLC’s legal mandate for investigations and inquiries.

“The key principles that should guide investigations, such as independence, objectivity, and fairness,The different types of investigations that the NLC can conduct,The procedures for gathering evidence, interviewing witnesses, and analyzing disputes,The preparation of investigation reports and recommendations,The role of stakeholders in the investigation process,”She revealed.

According to Koome,This comprehensive guide outlines the principles, best practices, and legal frameworks that underpin effective and impartial investigations and inquiries.

She However said, the NLC’s noble mandate cannot be fully realized without equipping its practitioners with the proper tools and procedures.

“By equipping NLC practitioners with this invaluable resource, we empower them to:
Root out injustice and uphold the rule of law,Resolve land disputes efficiently and definitively,Restore trust and confidence in the land governance system,Build a stronger, more equitable future for all Kenyans,”She cited.

She noted with concerned the issue of case backlog in the Kenyan especially the judiciary is of utmost importance, and it demands honest dialogue, unwavering commitment, and collective action.

“ We have a backlog of cases. Thousands of Kenyans wait years, some even decades, for justice to be served. This burden weighs heavily on their lives, hindering their access to livelihoods, family stability, and fundamental rights.Therefore I believe that this guide will assist in bringing the much needed hope by reducing the number of land and lad related cases that end up in court,”She said.