Land Adjudication Act

This Act may be cited as the Land Adjudication Act.

Section 2 provides definitions of terms used in the Act (interpretation of specified words and phrases).

Application requires: (a) the county government in whom the land is vested so requests; (b) the Cabinet Secretary considers it expedient that the rights and interests of persons in the land should be ascertained and registered; and (c) the Land Consolidation Act (Cap. 283) does not apply to the area.

The adjudication officer has jurisdiction over land-related claims in the adjudication area and is empowered to determine related questions, administer oaths, and issue summonses, notices or orders; he may also exercise powers given to subordinate officers.

The adjudication officer may issue general or particular directions to his subordinate officers and to committees and boards to carry out provisions of the Act relating to demarcation, recording of title and survey within the adjudication area.

The adjudication officer must record hearings of written objections or petitions and, as far as practicable, follow civil-suit procedure; in his absolute discretion he may admit otherwise inadmissible evidence, use evidence from other claims or official records, and call evidence on his own.

The Cabinet Secretary must appoint an adjudication officer by Gazette notice when an order under section 3(1) is made; that adjudication officer may in writing appoint demarcation, survey and recording public officers who are subordinate to him. The Cabinet Secretary may appoint additional adjudication officers with limited powers, and such appointed officers only have the powers conferred on them.

Section 5 provides for establishing adjudication sections, defining their area, recording interests in land within them, fixing a period for claims to be made to the recording officer, and permitting demarcation or boundary assistance.

The adjudication officer must, after consulting the District Commissioner, appoint at least ten residents as the adjudication committee for each adjudication section; the adjudication officer must also appoint an executive officer for each committee who shall keep records, inform the recording officer of decisions, attend meetings and may speak but may not vote.

Prohibits persons who sat on a committee that decided a particular question from sitting on a board to consider the same question; requires the adjudication officer to appoint an executive officer for each board, who shall attend and may speak but may not vote.

Members with an interest in a land claim must disclose it at the meeting and must not take part in discussion or vote; committees must elect a chairman; quorum and decision thresholds and signing/informing procedures are specified.

The adjudication officer must be in charge of and exercise general supervision and control over the adjudication.

People who claim an interest in land in an adjudication section must make a claim to the recording officer and point out boundaries to the demarcation officer within the period fixed by the notice; persons required to attend must attend in person or by agent; officers may proceed if required persons fail to attend; demarcation or recording officers may treat an apparent interest as if a claim had been made.

The demarcation officer must give warning at least seven clear days before demarcation begins about the intended demarcation and recording of claims, and the time and place it will begin.

The demarcation officer must section the boundaries of each separate piece of land, whether claimed by an individual or by a group; if a boundary is already demarcated by a physical feature it need not be determined whether the exact line runs along the centre, inner or outer side.

The survey officer must carry out such survey work as is required in the adjudication process.

Demarcation and survey officers may enter land in the adjudication area at reasonable times to demarcate or survey parcels, and may summon people who can identify parcel boundaries.

The demarcation officer has specific powers to lay out or adjust boundaries, demarcate rights of way, align parcels near public roads, and consolidate parcels with owners' agreement; the officer may demarcate land and clear boundaries if demarcation was not done by the required date; the adjudication officer must assess costs and the person interested must pay those costs to the Director of Land Adjudication.

The recording officer must consider claims from the notice under section 5, investigate as appropriate, prepare duplicate forms for each parcel per section 23, submit unresolved conflicting claims to the committee, rectify forms to reflect decisions of adjudication bodies, and follow directions of the adjudication officer.

The committee must adjudicate and decide, according to recognized customary law, any question referred to it by the demarcation officer or the recording officer.

Rules for committee decisions: if a committee cannot decide it must refer the matter to the arbitration board; the adjudication officer may require reconsideration; affected persons may complain within fourteen days to the executive officer; the executive officer of the committee must refer complaints to the board's executive officer who shall submit them to the board.

The board must hear and determine any matter or complaint referred to it under section 21 of the Act.

Section 23 prescribes what the adjudication record must contain and requires the recording officer and committee officials to determine ownership or other interests, record particulars, have forms signed, advise and notify groups about representation, and restrict alterations after signing.

The demarcation map and the adjudication record together are called the adjudication register.

Deliver the duplicate adjudication record (bearing a copy of the certificate) to the Director of Land Adjudication.

People named in or affected by the adjudication register may object in writing within sixty days; the adjudication officer must consider and determine such objections after any consultations or inquiries he thinks fit.

Requires certification on the adjudication register that the adjudication of the land is final and forwarding the No Objection Register plus a copy of the duplicate adjudication register to the Chief Land Registrar for registration under section 28.

The adjudication officer must alter the adjudication register to reflect determinations under section 26; if alteration would cause unreasonable expense, delay or inconvenience the adjudication officer may recommend compensation to the Cabinet Secretary, and the Cabinet Secretary may pay compensation from Parliamentary funds; the register may be finalized subject to outstanding appeals and sent to the Chief Land Registrar with a list of appeals.

The Chief Land Registrar must register entries in accordance with the adjudication register when the adjudication register is received.

Section 29 requires the Cabinet Secretary to send copies of orders to the Director of Land Adjudication and the Chief Land Registrar; the Chief Land Registrar must alter the adjudication register accordingly; and the Cabinet Secretary may delegate his appeal powers and functions by Gazette notice.

Until the adjudication register is final, no person may start and no court may hear civil proceedings about land in an adjudication section except with the adjudication officer's written consent; appeals against refusals go to the Cabinet Secretary within 28 days.

The District Commissioner must cause the purport of every notice to be published at barazas and other appropriate ways after consulting the adjudication officer; the District Commissioner also decides the language(s) for publication.

People recorded as owners or as entitled to an interest in an adjudication record must pay the prescribed adjudication fee to the Chief Land Registrar; persons who refer a question to a committee or make a complaint under section 21(3) must pay a prescribed hearing fee to the Director of Land Adjudication. All such fees, costs, charges and expenses are a civil debt recoverable summarily by the person to whom they are payable.

A person who, after receiving a summons issued under this Act, without reasonable excuse neglects or refuses to attend or to produce any map, plan, instrument or other document required by the summons commits an offence.

Officers and persons appointed for adjudication under this Act are not liable to actions, suits or proceedings for acts or matters done or omitted in good faith in exercising powers under the Act or its regulations.

The Cabinet Secretary may make regulations, including prescribing fees and carrying into effect the provisions and purposes of the Act.