ANALYSIS OF THE LAND VALUE (AMENDMENT) ACT, 2019

The report critiques the Land Value (Amendment) Act, 2019, specifically its failure to distinguish between community and private land during compulsory acquisition. It highlights the risks of undervaluing community land through a market-value approach, the removal of Free Prior Informed Consent (FPIC) for development-induced displacement, and the creation of a state-controlled Land Acquisition Tribunal. The author argues these provisions may be unconstitutional and recommends a separate valuation index for community lands and the restoration of FPIC.

• The Act fails to distinguish between the valuation criteria for private and community land, utilizing a 'Land Value Index' based on a market-value approach. This is likely to result in the undervaluing of community land because it ignores non-monetary values such as socio-cultural attachment, biodiversity, and historical use.
• The amendment to the Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act removes the requirement for Free Prior Informed Consent (FPIC) for people displaced by development projects, which was the only Kenyan law expressly providing for FPIC.
• The definition of 'prompt' payment of compensation is extended to up to one year after the National Land Commission takes possession of the land. This is criticized as unreasonable for those who cannot sustain livelihoods without immediate reparation and is noted as a weak point in Kenya's Constitution compared to other African nations.
• The Act introduces requirements for compensation that are incompatible with the lifestyles of pastoralists and marginalized communities, such as requiring 'uninterrupted' occupation for six years and providing proof of profits via tax returns.
• The newly established Land Acquisition Tribunal is viewed as lacking independence because its three members are appointed by the State (the Cabinet Secretary and Attorney General) without competitive processes or set qualifications.
• The National Land Commission (NLC) is now permitted to take possession of land after an award is made but before compensation is paid, reversing the previous legal requirement for payment prior to possession.

APA

Natural Justice (2019). ANALYSIS OF THE LAND VALUE (AMENDMENT) ACT, 2019. https://naturaljustice.org/wp-content/uploads/2020/01/Analysis-of-the-Land-Value-Amendment-Act.pdf

Chicago

Natural Justice. ANALYSIS OF THE LAND VALUE (AMENDMENT) ACT, 2019. 2019. https://naturaljustice.org/wp-content/uploads/2020/01/Analysis-of-the-Land-Value-Amendment-Act.pdf.

Wikipedia

{{cite report |author=Natural Justice |title=ANALYSIS OF THE LAND VALUE (AMENDMENT) ACT, 2019 |date=9 October 2019 |url=https://naturaljustice.org/wp-content/uploads/2020/01/Analysis-of-the-Land-Value-Amendment-Act.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{naturaljustice2019analysis, author = {{Natural Justice}}, title = {{ANALYSIS OF THE LAND VALUE (AMENDMENT) ACT, 2019}}, institution = {Natural Justice}, year = {2019}, month = oct, url = {https://naturaljustice.org/wp-content/uploads/2020/01/Analysis-of-the-Land-Value-Amendment-Act.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }