Land Consolidation Act

This Act may be cited as the Land Consolidation Act.

The Minister may, by order, direct that this Act apply to specified areas of Trust land or special areas in specified circumstances.

When the Act is applied to an area, the district Adjudication Officer must promptly give notice throughout that area of the general effect of the Act's provisions.

Provides definitions and interpretations of terms used in the Act.

Certain persons who participated in a Committee decision cannot serve on an Arbitration Board considering the same matter; the Minister may appoint Special Arbitration Boards in boundary cases and may appoint executive officers who may speak but not vote.

The adjudication Committee must decide claims to rights or interests in land under African customary law; if it cannot, it must refer the matter to the Arbitration Board, which must decide and inform the Committee.

Every Committee or Arbitration Board must give seven clear days’ warning before carrying out an adjudication or arbitration, naming the land and stating time and place.

People claiming rights or whose presence is required must attend before the Committee or Arbitration Board in person or by an African customary law representative; if they fail to attend the adjudication or arbitration may proceed in their absence; the Committee may treat an unmade claim as made if satisfied.

Members with an interest must disclose it at meetings and must not take part in consideration, discussion or vote on that claim; committees must elect a chairman who presides, decisions must be in writing and signed, vacancy does not disqualify business, failure to disclose is an offence punishable by up to six months' imprisonment and prosecutions require the consent of the Director of Public Prosecutions.

The executive officer of the Committee must enter in Part II descriptions and approximate areas of parcels not in Part I and record the county council as owner, subject to customary or legal limitations.

When the Record of Existing Rights for an adjudication section is completed, the chairman of the Committee and its executive officer must sign and date a certificate and forthwith give notice of the completion and where the Record can be inspected.

People named in or affected by Part I who consider the Record inaccurate or incomplete may, within sixty days of the notice mentioned in section 16 being published at the Regional Government Agent's office, lodge an objection with the Committee's executive officer and must state in what respect the Record is alleged to be inaccurate or incomplete.

Sets procedures for handling objections: the executive officer must refer or submit objections depending on the perceived source of inaccuracy; referred objections must be considered by the Committee and findings sent to the Adjudication Officer; the Adjudication Officer must either confirm the finding or consider the matter with the Arbitration Board and determine it after such inquiries.

An Adjudication Officer must notify in writing (signed) the executive officer of the Committee of any confirmation or determination under section 18, and that executive officer must update the Record of Existing Rights as required to give effect to it.

After the later of sixty days from the date in section 17 or the date when all alterations required by section 19 are made, the Record is deemed a true and complete record of existing rights and interests in the adjudication section.

The Committee must set aside land in the adjudication section for community needs and must allocate land within the section to each landowner.

If the landowner and the person entitled cannot agree about granting an interest or paying compensation, either the landowner or that person may refer the dispute to the Committee, and the Committee shall decide.

The Demarcation Officer must demarcate parcels within the adjudication section and prepare a Demarcation Plan; landowners must assist by demarcating their land, erecting or removing boundary marks, clearing lines, providing labour, and paying costs assessed if the Officer demarcates for them.

The Committee must prepare forms for every parcel on the Demarcation Plan containing specified particulars; each form must be signed by the committee chairman or its executive officer and by the Demarcation Officer.

When an adjudication section's register is complete, the executive officer of the Committee must sign and date a certificate and immediately give notice of the completion and where the register can be inspected.

Persons named in or affected by the Adjudication Register may object within sixty days; the Adjudication Officer must consider objections with the Committee and may dismiss, order rectification (using Committee powers), or award compensation; no general appeal lies except revision of compensation amounts by the Minister or affected person in a subordinate court; compensation awarded must be paid by the Minister.

The Adjudication Register becomes final after the later of: sixty days after the certificate in section 25, or the determination of all objections under section 26.

The Adjudication Officer may correct clerical errors or similar errors in the Adjudication Register.

The Minister may give notice deeming a register prepared from recordings, consolidations or demarcations carried out under native law and custom to be an Adjudication Register if he is satisfied they were carried out substantially in accordance with the principles of this Part.

Landowners listed in an Adjudication Register must pay a fee at the rate prescribed for the adjudication area or section.

The Minister may make regulations to carry the provisions and purposes of the Act into effect.

Fees, costs, charges and expenses payable under this Act are a civil debt recoverable summarily by the Chief Land Registrar appointed under the Registered Land Act (Cap. 300).

Adjudication Officer must publish required notices in writing at specified regional offices and elsewhere as directed; the Regional Government Agent must promulgate the purport at barazas and decide language and manner of publication.

The Minister may appoint Adjudication Officers; the Adjudication Officer may appoint Demarcation and Recording Officers, must supervise adjudication and registration, may issue directions to appointed officers, and may exercise powers of those officers.

The Adjudication Officer may, by notice, declare one or more adjudication sections within each adjudication area and must include details such as situation and limits, that rights and interests will be ascertained and recorded, and a fixed claim period of not less than six months; individuals claiming rights must present claims to the Committee.

Section 8 prohibits persons and courts from starting or continuing proceedings that question ownership or native-law rights in land within an adjudication area unless prior written consent of the Adjudication Officer has been given; court officers must not issue process for such prohibited proceedings unless satisfied that that consent exists.

The Adjudication Officer must appoint a Committee for each adjudication section (each Committee must have at least 25 members) and must appoint an executive officer who may attend and speak at meetings but must not vote.