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

The document argues that the proposed amendments to the Land Value Index Laws (Amendment) Bill, 2018, risk further marginalizing vulnerable groups by reducing compensation protections, limiting judicial oversight, and removing requirements for free, prior and informed consent (FPIC). Natural Justice advocates for stricter definitions of prompt payment, the inclusion of the National Land Commission in index development, and the retention of legal safeguards to ensure livelihood restoration for displaced persons.

• The proposed definition of "prompt" compensation is too discretionary, as it allows payment within a "reasonable time of taking possession of land" or one year from a written undertaking; Natural Justice argues this is insufficient for displaced groups dependent on land and proposes a maximum period of 3 months.
• The National Land Commission (NLC) is omitted from the proposed development of the land value index by national and county governments, which Natural Justice claims could "undermine its mandate" as the body responsible for managing public land and advising on land policy.
• The Bill's proposal to disregard increases in land value caused by intended developments may fail to restore the livelihoods of farming or pastoralist groups, as evidence from Asia suggests compensation at current rates is often insufficient to prevent increased vulnerability.
• The requirement for proof of profits, including tax returns, to determine damage from diminution of profits would be difficult for rural communities; the document suggests an exception should be made for those who produce and trade goods from their land.
• Allowing the NLC to take possession of land after an award is made but before payment is issued increases the risk of impoverishment, especially given that climate change can "exacerbate droughts and food insecurity."
• The proposed amendment to prevent courts from stopping development once public funds are committed is argued to be unconstitutional, as it conflicts with the Constitution of Kenya 2010 and removes the Bill of Rights in relation to land developments.
• Reducing the NLC's decision period for public right of way applications from 90 days to 30 days may lead to "weak processes leading to poor determinations," particularly affecting illiterate and vulnerable groups.
• The proposal to delete Section 22 of the Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act would remove the requirement for free, prior and informed consent (FPIC), which Natural Justice asserts is vital to avoid costly project delays and social unrest, citing the Kinangop Wind Farm case.

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} }