Our land policy and Constitution observe that we have had too many land laws, and we needed to review and reduce them.
The proposed Nairobi County Evictions, Resettlement and Demolitions Control Bill closely aligns to the national framework.
We have national legislation that already speaks to aspects of this, or which, with minor amendments, can easily do so.
One gets this feeling that in some instances, we are over-legislating. We seem to want to enact some law in response to every problem. And we are beginning to make our laws so prescriptive, that they may begin to hold us captive, and defeat the wider purpose of legislating.
Good law should leave room for adaptability through regular touch ups in regulations, to make it responsive to changing circumstances. Too much law overwhelms. It takes a patient lawyer to adequately plough through multiple pieces of legislation on an issue, their spirit and text in order to navigate knowledgeably.
Indeed, our land policy and Constitution observe that we have had too many land laws, and we needed to review and reduce them. That’s why we condensed all laws relating to the registration of title to land into one. That’s why we packed substantive law into a few statutes.
But we must read broadly, network and advise accordingly to avoid escalating land legislation once again.
This is why I was alarmed to read that the Nairobi City County is enacting an eviction law. Which is true……the Bill currently hangs on the county government’s website. But my recollection told me that it’s only recently that the country reviewed the Land Act to provide for the eviction of persons.
The Land Laws (Amendment) Act, 2016, which amended the Land Act, 2012, provides clarity of process for the eviction of unlawful occupiers of any category of land. It provides for the process of issuing and serving eviction notices, the timelines and offices mandated to originate notices. It is complete with persons who should be involved and the obligations to ensure the protection of lives and property.
The enabling Land Regulations, 2017 further stipulate that evictions should be undertaken during the day, specifically between 6am and 6pm. The regulations prescribe some standard forms for eviction notices and the persons to be notified before evictions are undertaken.
The regulations even prescribe the manner in which the persons to take part in the eviction should identify themselves. It’s all quite elaborate.
Being national legislation, the framework is applicable to all counties within Kenya’s jurisdiction.
The proposed Nairobi County Evictions, Resettlement and Demolitions Control Bill closely aligns to the national framework. Its objective is to set out procedures for evictions, demolitions and resettlement.
Granted, this Bill delves into some details on demolitions and resettlement which may seem to provide clarity. But someone reading it at high level easily appreciates that we have national legislation that already speaks to aspects of this, or which, with minor amendments, can easily do so.
In the circumstances, should our 47 counties commit rigour and resources developing county-specific eviction statutes? This is a good policy question and the government should quickly provide guidance.
Ibrahim Mwathane, consultant in land governance.
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