Review Downwards the Proposed Land charges and Levies, Government Asked

Kakamega,

Wednesday, November 22, 2023

KNA by George Kaiga

Stakeholders on land matters from the Western Kenya region want the government to review the proposed increases in charges and levies under the proposed Land Laws (Amendment) Bill 2023.

Participants drawn from Kakamega, Bungoma, and Busia Counties raised concern at the high increases being proposed on land levies being charged and offered counter-proposals which they said would be friendly to the common person widely referred to as ‘Wanjiku’.

Speaking on Wednesday at Magharibi Social Hall in Kakamega town, the participants cited the fee for application for an official land search being raised from the current Sh.500 to Sh.2,000 and instead suggested that it should be capped at Sh.1,000.

They also want the application for land control board consent fee reduced from the proposed Sh.3,000 to Sh.1,500 and the registration fee reduced to 1,000 from the proposed Sh.1,500.

The stakeholders also suggested that charges for attendance by an officer at a place outside the office for more than a day be capped at Sh.2,500 as transport plus perdierm as prescribed by the Salaries and Remuneration Commission (SCR).

However, they supported the application for the creation of a public right of way (way leave) and for a public right of way (communal) to remain at Sh.10,000 each as suggested.

Abubakar Amukoye suggested that the replacement of the land title deed be Sh.1,000 shillings as opposed to the Sh.5,000 as proposed in the new Bill.

Principal Secretary in the State Department of Lands and Physical Planning Nixon Korir, however, defended the increases saying that the charges or levies have not been reviewed for an inordinately long period, some spanning 30 years since they were last reviewed.

In a speech read on his behalf by the Director of Land Adjudication Kennedy Njenga, the PS said the legal reforms also seek to eliminate imbalances and inequities prevalent in the land sector when it comes to land rent.

“Differential pricing of land rent demanded to be paid in respect of land of the same value in the same zone is proposed to be eliminated by the legislative proposals made in the Land Laws (Amendment) Bill, 2023 that seeks to amend the Land Act, 2012,” he added.

Korir says this move is part of the efforts to improve service delivery after the department conducted an audit of all its processes and identified the need to balance services and the levies charged.

He said the Ministry is also rolling out a cashless system in all the land registries across the country in a move aimed at sealing leakages and pilferage associated with cash transactions.

The Land Laws (Amendment) Bill, 2023 proposes to amend the Registration of Documents Act; the Land Control Act; the Land Registration Act, 2012; the Land Act, 2012; Community Land Act, 2016; and, the Sectional Properties Act, 2020.

 Regulations under review are The Survey Regulations (Amendment), 2023; The Survey (Electronic Cadastre Transactions) (Amendment) Regulations, 2023; The Community Land Regulations (Amendment) 2023; The Physical and Land Use Planning (Planning Fees (Amendment) Regulations, 2023; The Valuers (Forms and Fees) (Amendment) Rules, 2023; The Land Regulations (Amendment) 2023; and, The Land Registration (General) Regulations (Amendment), 2023.

According to Moses Mugendi, an Assistant Director, of Physical Planning, Kenyans have up to November 27 to submit their memorandum or written views.

He said the Ministry officials are set to meet the Parliamentary Committee on delegated legislation for their input before being presented to the Cabinet for approval and eventual enactment into law by Parliament.

Courtesy; KNA