A proposed amendment in the Land Laws (Amendment) Bill 2023 could significantly impact property owners adjacent to urban areas in Kenya.
National Assembly Majority Leader Kimani Ichung’wah sponsors the bill, which advocates for an annual land levy on freehold properties, traditionally exempt from such fees.
The bill targets properties neighboring urban centers like Syokimau, Kiambu, Thika, and Mlolongo, extending the obligation to pay an annual land levy equivalent to that imposed on city residents. Freehold property, characterized by indefinite ownership without annual charges, includes many ancestral lands in the country.
The proposed amendment introduces Section 54A to the Land Act, 2012, specifying that owners of freehold property within urban boundaries must pay an annual levy equivalent to the land rent charged in the respective urban area.
This potential change places an additional financial burden on property owners in these areas, coinciding with an already challenging economic environment.
The bill also seeks to grant the Lands Cabinet Secretary the authority to sanction land acquisition for state projects, a role previously held by the National Lands Commission (NLC).
This amendment allows the Lands CS to approve or reject a public body’s acquisition based on compliance with set requirements. If approved, the acquired land will undergo mapping, valuation, and publication of changes through a gazette notice, with copies delivered to the Registrar for land and affected parties.
While the bill aims to redefine property ownership dynamics and streamline state projects’ land acquisition, it raises concerns about the financial implications for property owners, particularly in regions closely tied to urban development.
The potential shift of powers to the Lands CS also marks a notable change in the oversight of land acquisition for state projects.