Submissions on the Land Value Index Laws (Amendment) Bill, 2018

Natural Justice submitted a series of recommendations on the Land Value Index Laws (Amendment) Bill, 2018, arguing that several proposed changes would marginalize vulnerable groups, undermine the judiciary, and conflict with the Constitution of Kenya 2010.

• Natural Justice argues that the proposed definition of "prompt" compensation is too vague, granting the National Land Commission excessive discretion. They propose that prompt payment should include an initial payment at the time of acquisition and full payment within a maximum of 3 months.
• The document identifies a gap in the development of the Land Value Index, noting that the National Land Commission (NLC) is omitted from the process despite its legal mandate to manage public land and advise on land policy.
• Natural Justice criticizes the proposal to disregard increases in land value caused by intended developments, stating that compensating at current farming or pastoralist rates often fails to restore livelihoods and increases vulnerability.
• The submission opposes an amendment allowing the NLC to take possession of land once an award is made but before payment is issued. They argue this increases the risk of impoverishment, especially for groups vulnerable to climate change-induced food insecurity and droughts.
• The document claims that preventing courts from stopping developments once public funds are committed is unconstitutional, as it removes the Bill of Rights and conflicts with the High Court's jurisdiction under the Constitution of Kenya 2010.
• Natural Justice opposes reducing the NLC's decision window for public right-of-way applications from 90 days to 30 days, asserting that this would lead to weak processes and poor determinations that disproportionately harm illiterate and vulnerable groups.
• The submission strongly advocates for the retention of Free, Prior and Informed Consent (FPIC) for affected persons, citing the Kinangop Wind Farm case as an example where a lack of FPIC led to the shutdown of a multi-million dollar project.

APA

Natural Justice (2018). Submissions on the Land Value Index Laws (Amendment) Bill, 2018. https://naturaljustice.org/wp-content/uploads/2018/03/NJ-Submissions-Land-Value-Index-Laws.pdf

Chicago

Natural Justice. Submissions on the Land Value Index Laws (Amendment) Bill, 2018. 2018. https://naturaljustice.org/wp-content/uploads/2018/03/NJ-Submissions-Land-Value-Index-Laws.pdf.

Wikipedia

{{cite press release |author=Natural Justice |title=Submissions on the Land Value Index Laws (Amendment) Bill, 2018 |date=14 March 2018 |url=https://naturaljustice.org/wp-content/uploads/2018/03/NJ-Submissions-Land-Value-Index-Laws.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{naturaljustice2018submissions, author = {{Natural Justice}}, title = {{Submissions on the Land Value Index Laws (Amendment) Bill, 2018}}, publisher = {Natural Justice}, year = {2018}, month = mar, url = {https://naturaljustice.org/wp-content/uploads/2018/03/NJ-Submissions-Land-Value-Index-Laws.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }