NLC's 7,000 land disputes could hit 10,000 as hearings remain stalled

Thousands of disputes over the allocation and ownership of public land remain unresolved, with the National Land Commission (NLC) warning that its pending caseload could climb to 10,000 by the end of the year as delays in establishing new hearing procedures continue to hold back the resolution of claims.

The commission currently has 7,000 cases challenging the transfer of public land into private ownership, with many still awaiting hearings or a final decision. The figure could rise further as more complaints are lodged by Kenyans seeking to have questionable land transactions investigated.

NLC Vice Chairperson Dr Julie Oseko said the growing number of complaints reflects increased public awareness of the commission's role in examining how public land was allocated and whether the transactions complied with the law.

"We have 7,000 cases pending, not even to mention the ones that we have started receiving now," she told the Nation.

She warned that the commission could be dealing with an even larger workload before the end of the year.

"We could be reaching 10,000 cases," she said.

The pending disputes fall under the review of grants and dispositions of public land, a process through which the commission examines the legality of decisions that resulted in public property being transferred to private individuals or entities.

However, the 7,000 cases represent only one part of the commission's workload. They exclude historical land injustice complaints, which are handled under a separate mandate and could add considerably to the number of matters awaiting determination.

While the review of grants focuses on whether public land was lawfully allocated or transferred, historical land injustice claims seek remedies for violations of land rights dating back to earlier periods in the country's history.

The legal provisions governing the two responsibilities were revised through amendments to the National Land Commission Act that took effect on November 4 last year.

Under the changes, NLC is empowered to examine public land grants and dispositions made before August 27, 2010, the date the Constitution was promulgated.

For historical land injustice complaints, the law covers grievances dating from June 15, 1895, when Kenya became a British protectorate, to August 27, 2010.

However, claimants must satisfy specific legal requirements before their complaints can be considered. These include demonstrating that the alleged injustice can be verified, establishing that they previously owned or occupied the disputed property and showing that the matter cannot be resolved through the ordinary court system on the grounds set out in the Act.

The amended law also provides a five-year window for reviewing grants from the commencement of the new provision. In its notice seeking public submissions on the proposed 2026 regulations, the commission indicated that the exercise should be completed by November 2030.

The timeframe has also attracted legal attention. In a ruling issued on November 28, 2025, following a petition by Busia Senator Okiya Omtatah, the High Court declared that the Constitution does not provide for statutory time limits on the commission's mandates.

Previous commissions left cases unfinished

Dr Oseko attributed the current backlog partly to unresolved matters inherited from the commission's first and second teams, including disputes whose hearings had started but were never completed.

The current commission therefore has to deal with both newly filed complaints and cases that have remained pending through previous administrations.

"The first commission did some of the cases, as did the second. So, we have quite some part-heard cases. Right now, we have a total of 7,000 for review of grants only. We have not talked about historical land injustice cases," Dr Oseko told the Nation.

Despite the large number of pending disputes, the commission says it cannot properly proceed with the hearings until the required regulations are finalised.

The National Land Commission Act provides for the development of rules to guide the review of grants, setting out the procedures that should be followed when examining disputed allocations and making determinations.

The commission has previously attempted to introduce such a framework, but an earlier set of regulations failed after questions arose over whether the required public participation had been conducted.

During a recent public meeting in Nairobi, an NLC official explained why the previous attempt was unsuccessful, saying the regulations were "thrown out because we did not provide evidence that there was public participation that we're doing now".

The latest exercise comes after Parliament amended the law in 2025, prompting the commission to seek public views on two proposed sets of regulations.

NLC has since deployed teams to different parts of the country to collect submissions from members of the public before forwarding the proposals to Parliament.

The proposed regulations will only become operational after completing parliamentary consideration and being formally gazetted.

Landowners and buyers get protection under amended law

The revised legislation has also introduced safeguards for individuals and organisations whose interests may be affected when the commission investigates disputed land allocations.

Section 14 requires NLC to notify anyone with an interest in a disputed grant and give them an opportunity to appear before the commission and present their side of the matter.

Those affected must also be granted access to relevant documents to enable them to respond to the allegations before a decision is reached.

The law further separates cases involving titles obtained unlawfully from those in which land was acquired through irregular procedures, prescribing different actions depending on the findings.

Where the commission establishes that a title was unlawfully acquired, it must "direct the registrar to revoke the title".

However, if the investigation establishes that the acquisition was irregular, the commission is required to take "appropriate steps to correct the irregularity" and may issue additional orders to address the problem.

The legislation also protects innocent purchasers who acquired land without knowledge of defects in the ownership documents.

It states that "No revocation of title shall be effected against a bona fide purchaser for value without notice of a defect in the title".

The provision is intended to safeguard buyers who paid for property in good faith without being aware of problems surrounding its ownership.

Public consultations raise questions over access to justice

As NLC works towards completing the proposed regulations, public consultations have brought attention to other challenges that could affect the handling of land disputes.

One of the issues raised concerns the accessibility of the claims process, particularly for communities whose historical ownership records may not be available in conventional written form.

In an account of a public consultation held in Kajiado on September 24, Community Land Action Now (Clan) said participants called for the commission to accept oral histories and indigenous knowledge as evidence when investigating historical land grievances.

They also demanded clearer procedures for accessing land archives, arguing for better guidance on how claimants can obtain records needed to support their cases.

Other concerns included the need to protect witnesses who provide information during investigations and reduce the time taken to determine complaints.

The commission must also address questions about how the more than 7,000 pending cases are assigned and managed, particularly as new applications continue to arrive.

With the backlog potentially approaching 10,000 cases, NLC faces the challenge of finalising the regulations, putting the required hearing procedures in place and developing an effective way of handling both inherited and newly filed disputes.

The success of the process will depend not only on completing the regulatory framework but also on the commission's ability to move through the accumulated cases while ensuring that claimants and affected landowners receive a fair hearing.