Kenya land commission proposes public disclosure rules for historical injustice cases
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Kenya's National Land Commission has proposed new regulations that would require it to record and publish details of historical land injustice investigations, including claims, evidence and determinations, in a bid to improve transparency in its proceedings.
The National Land Commission (NLC) has proposed new rules for the investigation of historical land injustices that would improve transparency and accountability in the commission's proceedings and decisions, Business Daily reported.
The proposals are part of measures to address concerns of unfairness in some previously handled cases. Under the new rules, the commission would be required to record every detail of investigation proceedings, including the claims, responses, documentary evidence, expert reports and the decisions, and make them public.
'The Commission shall publish every determination in the Gazette in accordance with section 15(11) of the Act,' the NLC says in the proposed rules, adding that it may publish a determination on its official website or through any other appropriate medium where it considers it necessary in the public interest.
Analysts at law firm Bowmans said the regulations appeared to respond to procedural fairness concerns that have arisen in previous litigation. They cited a James Finlays case in which the Court set aside the commission's recommendations after finding that there was no evidence affected parties had been notified of proceedings, which the court held was a grave violation of the right to fair administrative action.
The regulations apply to historical land injustices that occurred between June 15, 1895, when Kenya became a British protectorate, and August 27, 2010, when the current Constitution was promulgated. The commission can initiate investigations on its own initiative or upon a complaint under Article 67(2)(e) of the Constitution and section 15(1) of the NLC Act.
Under the proposals, any aggrieved person may lodge a claim through a prescribed form, a letter, a memorandum or an oral submission, and the commission must issue a notice of investigation to the claimant, the respondent, anyone with an identifiable legal or beneficial interest in the land and any public body whose participation it considers necessary. Once a claim is admitted, all parties must be given at least 30 days' notice of the hearing.