ANALYSIS OF THE LAND VALUE (AMENDMENT) ACT, 2019

This report by Natural Justice analyzes the Land Value (Amendment) Act, 2019, arguing that it fails to adequately protect community land rights and undermines constitutional protections. The analysis highlights critical gaps in valuation methods, compensation timelines, and the removal of Free Prior Informed Consent (FPIC) requirements for displaced persons.

• The Act defines 'prompt' payment of compensation as occurring within one year after the National Land Commission takes possession of the land. The report argues this timeframe is "lengthy and unreasonable" and may lead to the government delaying payments until the end of the one-year period, which threatens the rights of communities needing immediate resettlement.
• The use of a market-value approach via the Land Value Index for valuing community land is criticized for ignoring non-monetary values. This approach may result in undervaluing land by failing to account for "loss of historical and socio-cultural use and attachment to the land," biodiversity, and livelihood values.
• The Act introduces requirements for compensation that are incompatible with the lifestyles of pastoralists and community members. Specifically, the requirement for "uninterrupted period of six years" of actual occupation ignores the mobile nature of pastoralists, and the requirement for "evidence of tax returns" to prove profits is described as "almost impossible" for community members to provide.
• The Act amends the Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act to remove the requirement for Free Prior Informed Consent (FPIC) for those displaced by development projects. The report notes this is a significant setback as it was the "only law that expressly provided for FPIC in Kenya."
• The Land Value (Amendment) Act allows the National Land Commission to take possession of land after an award is made but before compensation is paid. This is a shift from previous legal requirements where possession occurred only after "payment of just and full compensation."
• The Land Acquisition Tribunal's composition is determined solely by the State through appointments by the Cabinet Secretary, a nominee of the Judicial Service Commission, and a recommendation from the Attorney General. The report suggests this non-competitive process may "interfere with its independence."
• The period for the National Land Commission to decide on applications for a public right of way has been reduced from 90 days to 30 days. The report questions if this shorter window allows for "effective and satisfactory public participation."

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} }