Kenya Act or statute

Parliament of Kenya

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 go…

Jurisdiction: Kenya
Structure: 36 provisions
Citation: Cap. 284
Dates: As at 11 Dec 2023

More statute details

Dates: As at 11 Dec 2023

Source attribution: Source: Kenya Law

Publicly available, excluded from search-engine indexing

This page remains available for direct research for the following reasons:

The record does not meet this release's canonical indexing criteria. (market-indexing-disabled)
The record does not meet this release's canonical indexing criteria. (emergency-noindex)

On this page

Professional statute overview

Enactment structure, operative effect and source provenance

Official source

Purpose and legislative effect

“This Act may be cited as the 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.

How the instrument operates

01
Start with the recorded version

As at 11 Dec 2023. The date shown identifies this source expression and should not be treated as proof that no later change exists.
02
Locate the controlling provision

Use the provision map, part headings and full-text filter to move from the broad subject to the exact legal language.
03
Read conditions and exceptions together

Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.
04
Verify currency and official wording

Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.

Research entry points

Selected provisions across the instrument. Open any row to continue with the exact stored text.

PRELIMINARY - 1. Short title

This Act may be cited as the Land Adjudication Act.

Section 1

THE ADJUDICATION OFFICER AND HIS STAFF, ADJUDICATION COMMITTEES AND ARBITRATION BOARDS - 7. Appointment of arbitration board

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…

Section 7

ASCERTAINMENT OF INTERESTS IN LAND - 19. Duties of recording officer

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…

Section 19

PREPARATION OF THE ADJUDICATION REGISTER - 26A. No Objection Register

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.

Section 26A

MISCELLANEOUS - 35. Regulations

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

Section 35

Source and current-law status

Source record view

Source record from new.kenyalaw.org · As at 11 Dec 2023

Verify current force

The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.

For advice, pleadings, or compliance decisions, retain the official source and confirm the current consolidated provision.

Official record

Source-indexed provision map

Sections and provisions

Search by section, heading, part or exact legal wording. Every result remains linked to the stored source record.

Search within this statute

Search all stored provisions in this version.

Showing 36 of 36 provisions

Provision 30Repeal 2Short titleCommencement

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Land Adjudication Act.

Section 1. Short title Section This Act may be cited as the Land Adjudication Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationRepeal

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

Section 2. Interpretation Section In this Act, except where the context otherwise requires— "adjudication area" means an area to which this Act is applied under section 3 (1) of this Act; "adjudication officer" means an adjudication officer appointed under section 4 of this Act; "adjudication record" means an adjudication record prepared under sections 19 and 23 of this Act; "adjudication register" means the adjudication register mentioned in section 24 of this Act; "adjudication section" means an adjudication section established under section 5 of this Act; "board" means an arbitration board or a special arbitration board appointed under section 7 of this Act; "Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to land; "Chief Land Registrar" means the Chief Land Registrar appointed under the Registered Land Act (Repealed); "committee" means an adjudication committee appointed under section 6 (1) of this Act; "demarcation map" means a demarcation map prepared under section 16 of this Act; "demarcation officer" means a demarcation officer appointed under section 4 of this Act; "Director of Land Adjudication" means the person for the time being holding the public office of that name; "disability" means disability arising from minority or other incapacity; "group" means a tribe, clan, section, family or other group of persons, whose land under recognized customary law belongs communally to the persons who are for the time being the members of the group, together with any person of whose land the group is determined to be the owner under the proviso to section 23 (2)(a) of this Act; "guardian" means a person responsible (whether under recognized customary law or otherwise) for protecting the interests of a person who is under a disability; "interest", in relation to land, includes absolute ownership of the land and any right or interest in or over the land which is capable of being registered under the Registered Land Act (Repealed); "land" includes things growing on land and buildings and other things permanently affixed to land; "land registrar" means the person responsible for the registration of title to land in the area in question under the Registered Land Act (Repealed); "parcel" means an area of land separately shown on the demarcation map; "recording officer" means a recording officer appointed under section 4 of this Act; "survey officer" means a survey officer appointed under section 4 of this Act. [Act No. 7 of 2016 , Sch.]

Section 2Verify source

§ 3PRELIMINARY - 3. ApplicationProvision

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.

Section 3. Application Section 3(1)(a) the county government in whom the land is vested so requests; and Section 3(1)(b) the Cabinet Secretary considers it expedient that the rights and interests of persons in the land should be ascertained and registered; and Section 3(1)(c) the Land Consolidation Act ( Cap. 283 ) does not apply to the area: Section 3(2) An order under this section shall define the area to which it relates either by description or by reference to a plan or both. [Act No. 7 of 2016 , Sch.]

Section 3Verify source

Part II

THE ADJUDICATION OFFICER AND HIS STAFF, ADJUDICATION COMMITTEES AND ARBITRATION BOARDS

§ 10THE ADJUDICATION OFFICER AND HIS STAFF, ADJUDICATION COMMITTEES AND ARBITRATION BOARDS - 10. General powers of adjudication officerProvision

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.

Section 10. General powers of adjudication officer Section 10(1) The adjudication officer shall have jurisdiction in all claims made under this Act relating to interests in land in the adjudication area, with power to determine any question that needs to be determined in connexion with such claims, and for that purpose he shall be legally competent to administer oaths and to issue summonses, notices or orders requiring the attendance of such persons or the production of such documents as he may consider necessary for the carrying out of the adjudication. Section 10(2) The adjudication officer may himself exercise all or any of the powers which are given by this Act to officers subordinate to him.

Section 10Verify source

§ 11THE ADJUDICATION OFFICER AND HIS STAFF, ADJUDICATION COMMITTEES AND ARBITRATION BOARDS - 11. Particular powers of adjudication officerProvision

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.

Section 11. Particular powers of adjudication officer Section he may issue to the officers subordinate to him and to committees and boards such general or particular directions as he thinks necessary for carrying out the provisions of the Act which relate to the procedure for demarcation, recording of title and survey within the adjudication area;

Section 11Verify source

§ 12THE ADJUDICATION OFFICER AND HIS STAFF, ADJUDICATION COMMITTEES AND ARBITRATION BOARDS - 12. Procedure before adjudication officerProvision

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.

Section 12. Procedure before adjudication officer Section 12(1) In the hearing of any objection or petition made in writing, the adjudication officer shall make or cause to be made a record of the proceedings, and shall, so far as is practicable, follow the procedure directed to be observed in the hearing of civil suits, save that in his absolute discretion he may admit evidence which would not be admissible in a court of law, and may use evidence adduced in another claim or contained in any official record, and may call evidence of his own accord. Section 12(2) Any proceeding conducted under this Act by the adjudication officer or by an officer subordinate to him for that purpose is a judicial proceeding for the purpose of Chapters XI and XVIII of the Penal Code ( Cap. 63 ).

Section 12Verify source

§ 4THE ADJUDICATION OFFICER AND HIS STAFF, ADJUDICATION COMMITTEES AND ARBITRATION BOARDS - 4. Appointment of officersProvision

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 4. Appointment of officers Section 4(1) Where an order is made under section 3 (1) of this Act, the Cabinet Secretary shall, by notice in the Gazette , appoint a public officer to be the adjudication officer for the adjudication area, and the adjudication officer may in writing appoint such demarcation officers, survey officers and recording officers, being public officers, as may be necessary for demarcating, surveying and recording interests within the adjudication area, and they shall be subordinate to him. Section 4(2) Where the Cabinet Secretary has appointed an adjudication officer for an adjudication area, he may, if he considers that the situation so requires, appoint for that adjudication area additional adjudication officers having limited powers and confer on them all or any of the powers conferred by sections 9 (2), 10 , 11 (b), 12 , 20 (b), 21(2), 26 and 34 of this Act, and an adjudication officer so appointed shall have the powers so conferred on him and no more.

Section 4Verify source

§ 5THE ADJUDICATION OFFICER AND HIS STAFF, ADJUDICATION COMMITTEES AND ARBITRATION BOARDS - 5. Establishment of adjudication sectionsProvision

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.

Section 5. Establishment of adjudication sections Section 5(1)(a) establish adjudication sections within the adjudication area; Section 5(1)(b) establish the whole adjudication area as an adjudication section. Section 5(2)(a) shall define as clearly as possible the area of the adjudication section; Section 5(2)(b) shall declare that interests in land within the adjudication section will be ascertained and recorded in accordance with this Act; Section 5(2)(c) shall fix a period within which a person claiming an interest in land within the adjudication section must make his claim to the recording officer, either in writing or in person or by his agent duly authorized according to law (including recognized customary law); and Section 5(2)(d) may require any person making a claim to point out to the demarcation officer or to demarcate or assist in the demarcation of the boundaries of the land in which he claims to be interested or to clear any such boundaries or any other line in the manner and before a date fixed by the demarcation officer.

Section 5Verify source

§ 6THE ADJUDICATION OFFICER AND HIS STAFF, ADJUDICATION COMMITTEES AND ARBITRATION BOARDS - 6. Appointment of adjudication committeeProvision

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.

Section 6. Appointment of adjudication committee Section 6(1) In respect of each adjudication section, the adjudication officer, after consultation with the District Commissioner of the district within which the adjudication section lies, shall appoint not less than ten persons resident within the adjudication section to be the adjudication committee for that adjudication section. Section 6(2) The adjudication officer shall appoint an executive officer for each committee to keep its records and to inform the recording officer of its decisions, and the executive officer shall attend and may speak at any meeting of the committee, but may not vote.

Section 6Verify source

§ 7THE ADJUDICATION OFFICER AND HIS STAFF, ADJUDICATION COMMITTEES AND ARBITRATION BOARDS - 7. Appointment of arbitration boardProvision

Section 7. Appointment of arbitration board Section 7(1)(i) no person who has sat on a committee which has given a decision upon a particular question shall sit as a member of a board to consider the same question; Section 7(1)(ii) where the land concerned lies on or near the boundary of a district, and the persons who claim an interest in it are resident in different districts, the Cabinet Secretary may, in his absolute discretion, appoint a special arbitration board consisting of eight persons. Section 7(2) The adjudication officer shall appoint an executive officer for each board to keep its records and to inform the recording officer of its decisions, and the executive officer shall attend and may speak at any meeting of the board, but may not vote: Provided that a person who has acted as executive officer of a committee which has given a decision upon a particular question shall not act as executive officer of a board in connexion with the same question.

Section 7Verify source

§ 8THE ADJUDICATION OFFICER AND HIS STAFF, ADJUDICATION COMMITTEES AND ARBITRATION BOARDS - 8. Procedure of committees and boardsProvision

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.

Section 8. Procedure of committees and boards Section 8(1) If a member of a committee or board has any interest, direct or indirect, in the determination of a claim to an interest in land which is before the committee or board (as the case may be), and is present at a meeting of the committee or board at which the determination of that claim is under consideration, he shall at the meeting, as soon as practicable after it begins, disclose his interest and not take part in the consideration or discussion of the claim, nor shall he vote on any question with respect to the determination of the claim. Section 8(2) Each committee and board shall elect one of its members to be chairman, who shall preside at all meetings at which he is present, and if at any meeting the chairman is absent the members present shall elect one of themselves to preside at that meeting. Section 8(3) The quorum of a committee or board, where the total number of members is an even number, shall be one-half of that number, and where the total number of members is an uneven number it shall be one-half of the even number that is greater than that number by one. Section 8(4) The decision of three-quarters or more of the members of a committee or board who are present and vote shall be the decision of the committee or board, as the case may be. Section 8(5) Any decision of a committee or board shall be signified in writing and signed by the chairman and the executive officer, and the executive officer shall inform any of the parties who are not present of the decision.

Section 8Verify source

§ 9THE ADJUDICATION OFFICER AND HIS STAFF, ADJUDICATION COMMITTEES AND ARBITRATION BOARDS - 9. Duties of adjudication officerProvision

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

Section 9. Duties of adjudication officer Section 9(1) The adjudication officer shall be in charge of and shall exercise general supervision and control over the adjudication. Section 9(2)(a) any petition respecting any act done, omission made or decision given by a survey officer, demarcation officer or recording officer; and Section 9(2)(b) any objection to the adjudication register which is submitted in accordance with section 26 of this Act.

Section 9Verify source

Part III

ASCERTAINMENT OF INTERESTS IN LAND

§ 13ASCERTAINMENT OF INTERESTS IN LAND - 13. Claims and attendanceProvision

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.

Section 13. Claims and attendance Section 13(1) Every person who considers that he has an interest in land within an adjudication section shall make a claim to the recording officer, and point out his boundaries to the demarcation officer in the manner required and within the period fixed by the notice published under section 5 of this Act. Section 13(2) Every person whose presence is required by the adjudication officer, demarcation officer, recording officer, committee or board shall attend in person or by a duly authorized agent at the time and place ordered. Section 13(3) If any person who is ordered to attend fails to attend in person or by a duly authorized agent, the demarcation, recording, adjudication or arbitration, as the case may be, may proceed in his absence. Section 13(4) If the demarcation officer or the recording officer considers that a person who has not made a claim has an interest in land within the adjudication section, he may, but is not bound to, proceed as if that person had made a claim. Section 13(5) Where several persons claim separately as successors of a deceased person, and one or more of those persons attends, his or their attendance shall be taken to be the attendance of all the successors, unless the adjudication officer otherwise directs.

Section 13Verify source

§ 14ASCERTAINMENT OF INTERESTS IN LAND - 14. Warning of demarcation and recordingProvision

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.

Section 14. Warning of demarcation and recording Section Not less than seven clear days before the demarcation of an adjudication section is begun, the demarcation officer shall give warning of the intended demarcation and recording of claims, and of the time and place at which it will begin, in such manner as the adjudication officer considers most likely to bring the matter to the knowledge of the persons who will be affected by the demarcation and recording.

Section 14Verify source

§ 15ASCERTAINMENT OF INTERESTS IN LAND - 15. Duties of demarcation officerProvision

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.

Section 15. Duties of demarcation officer Section the boundaries of each separate piece of land, whether claimed by an individual or by a group: Provided that where the boundary of a piece of land is already demarcated by a physical feature it need not be determined whether the exact line of the boundary runs along the center of the feature or along its inner or outer side;

Section 15Verify source

§ 16ASCERTAINMENT OF INTERESTS IN LAND - 16. Duties of survey officerProvision

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

Section 16. Duties of survey officer Section to carry out such survey work as is required in carrying out the adjudication process; and

Section 16Verify source

§ 17ASCERTAINMENT OF INTERESTS IN LAND - 17. General powers of demarcation and survey officersProvision

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.

Section 17. General powers of demarcation and survey officers Section In the performance of their respective duties, the demarcation officer and the survey officer may each enter at any reasonable time upon any land within the adjudication area for the purpose of demarcating or surveying any parcel therein, and may summon any person who can give information regarding the boundaries of a parcel to point out the boundaries.

Section 17Verify source

§ 18ASCERTAINMENT OF INTERESTS IN LAND - 18. Particular powers of demarcation officerProvision

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.

Section 18. Particular powers of demarcation officer Section 18(1)(a) when the boundary between parcels of land is curved or irregular, or in his opinion is inconvenient or uneconomic for the use of the land, lay out a fresh boundary in its place and adjust the interests of the owners of the land adjoining the boundary either by exchange of land or by such other means as the parties may agree; Section 18(1)(b) demarcate any right of way which is necessary for providing a parcel completely surrounded by other parcels with access to a public road or to water; Section 18(1)(c) make such alignment of parcels adjoining a public road as may be required in the public interest; Section 18(1)(d) with the agreement of the owner or owners group together in one or more parcels, by way of exchange or otherwise, separate areas of land owned by such owner or owners. Section 18(2) Where a piece of land has not been demarcated in the manner and before the date fixed by the demarcation officer under section 5 (2)(d) of this Act, the demarcation officer may demarcate or cause to be demarcated the land and may clear or cause to be cleared any boundary or other line which it may be necessary to clear for the purpose of such demarcation. Section 18(3) Where the demarcation officer demarcates or causes to be demarcated a piece of land or clears or causes to be cleared a boundary or other line under subsection (2) of this section, the cost shall be assessed in the prescribed manner by the adjudication officer, and shall be paid to the Director of Land Adjudication by the person interested in the land.

Section 18Verify source

§ 19ASCERTAINMENT OF INTERESTS IN LAND - 19. Duties of recording officerProvision

Section 19. Duties of recording officer Section 19(1) Subject to subsection (2) of this section, the recording officer shall consider all the claims made in pursuance of the notice published under section 5 of this Act, and, after such investigation as he considers proper, shall prepare in duplicate, in accordance with section 23 of this Act, a form in respect of every parcel shown on the demarcation map. Section 19(2) If there are two or more conflicting claims to an interest in land and the recording officer is unable to resolve the conflict, he shall submit the dispute to the committee to decide. Section 19(3) The recording officer shall rectify the forms in accordance with any decision which the adjudication officer, the committee or the board may make in accordance with this Act. Section 19(4) The recording officer shall perform and exercise his duties under this section in accordance with the general or particular directions of the adjudication officer.

Section 19Verify source

§ 20ASCERTAINMENT OF INTERESTS IN LAND - 20. Functions of committeeProvision

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

Section 20. Functions of committee Section adjudicate upon and decide in accordance with recognized customary law any question referred to it by the demarcation officer or the recording officer;

Section 20Verify source

§ 21ASCERTAINMENT OF INTERESTS IN LAND - 21. Decisions of committeeProvision

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.

Section 21. Decisions of committee Section 21(1) If a committee is unable to reach a decision on a matter before it, it shall refer the matter to the arbitration board for decision. Section 21(2) The adjudication officer may require the committee to reconsider any decision which it has made. Section 21(3) Any person named in or affected by a decision of the committee who considers the decision to be incorrect may, within fourteen days after the decision, complain to the executive officer of the committee, saying in what respect he considers the decision to be incorrect. Section 21(4) Upon receipt of a complaint under subsection (3) of this section, the executive officer of the committee shall refer it with all the particulars of the case to the executive officer of the board, who shall submit it to the board.

Section 21Verify source

§ 22ASCERTAINMENT OF INTERESTS IN LAND - 22. Functions of arbitration boardProvision

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

Section 22. Functions of arbitration board Section The board shall hear and determine any matter referred to it or complaint made to it under section 21 of this Act.

Section 22Verify source

Part IV

PREPARATION OF THE ADJUDICATION REGISTER

§ 23PREPARATION OF THE ADJUDICATION REGISTER - 23. Preparation of adjudication recordRepeal

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.

Section 23. Preparation of adjudication record Section 23(1) The forms prepared by the recording officer under section 19 of this Act shall together comprise the adjudication record. Section 23(2)(a) the land adjoins land of which a group is determined under paragraph (b) of this subsection to be the owner; and Section 23(2)(a)(i) the land adjoins land of which a group is determined under paragraph (b) of this subsection to be the owner; and Section 23(2)(a)(ii) that person desires to join the group and to have his land added to the group’s land; and Section 23(2)(a)(iii) the group is willing to have that person as a member, the recording officer shall determine that group to be the owner of that land, and thereupon that person shall become a member of that group; Section 23(2)(b) any group has, under recognized customary law, exercised rights in or over land which should be recognized as ownership, shall determine that group to be the owner of that land; Section 23(2)(c) land has been set apart under the Constitution, shall determine the person in whom the land is vested to be the owner of the land set apart; Section 23(2)(d) land is entirely free from private rights, or all private rights in or over the land have been relinquished in favour of the county government, shall determine the county government to be the owner of the land; Section 23(2)(e) any person or group is entitled to any interest in land not amounting to ownership, including any lease, right of occupation, charge or other encumbrance, whether by virtue of recognized customary law or otherwise, shall determine the nature, incidents and extent of the right to enable it to be recorded in the name of the person or group entitled to the benefit of it. Section 23(3)(a) the number of the parcel as shown on the demarcation map and its approximate area; Section 23(3)(b) the name and description of the owner, with particulars of any restriction on his power of dealing with it; Section 23(3)(b)(i) the name and description of the owner, with particulars of any restriction on his power of dealing with it; Section 23(3)(b)(ii) where the land has been set apart, the year and number of the Gazette notice by which, and the purpose for which, the land was set apart; and Section 23(3)(b)(iii) where the land is recorded under subsection (2)(d) of this section as being in the ownership of the county government, the fact that the land remains community land; Section 23(3)(c) particulars of any such right as is referred to in subsection (2)(e) of this section; Section 23(3)(d) if any owner or other person is under a disability, the name of his guardian, the nature of his disability and (if he is a minor) his age; and Section 23(3)(e) the date on which the form is completed. Section 23(4) If two or more persons are recorded as the owners of land or as entitled to any right not amounting to ownership, the recording officer shall determine and record whether they own or are entitled jointly or in common, and in the latter case the share of each. Section 23(5)(a) cause the group to be advised to apply for group representatives to be incorporated under the Land (Group Representatives) Act (Repealed); Section 23(5)(b) cause the recording officer to record that the group has been so advised; and Section 23(5)(c) notify the Registrar of Group Representatives that the group has been so advised. Section 23(6) When completed, the form shall be signed by the chairman and the executive officer of the committee, and by the owner of each interest in the parcel or his authorized agent (or in the case of joint owners by at least one owner or his authorized agent), and the signature of the owner or authorized agent shall be witnessed: Provided that a form shall not be invalidated by the absence of the owner’s signature, if the chairman and the executive officer of the committee certify on it that the owner has withheld his signature or that his signature cannot be obtained without an amount of delay or expense which in the circumstances of the case is considered by them to be unreasonable. Section 23(7) After the form has been signed under subsection (6) of this section, no alteration shall be made in it except as provided by section 27 (1) or section 29 (3) of this Act. [Act No. 10 of 1969 , Sch., Act No. 7 of 2016 , Sch.]

Section 23Verify source

§ 24PREPARATION OF THE ADJUDICATION REGISTER - 24. Adjudication registerProvision

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

Section 24. Adjudication register Section The demarcation map and the adjudication record are collectively known as the adjudication register.

Section 24Verify source

§ 25PREPARATION OF THE ADJUDICATION REGISTER - 25. Action on completion of adjudication recordProvision

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

Section 25. Action on completion of adjudication record Section deliver the duplicate adjudication record (bearing a copy of the certificate) to the Director of Land Adjudication;

Section 25Verify source

§ 26PREPARATION OF THE ADJUDICATION REGISTER - 26. Objection to adjudication registerProvision

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.

Section 26. Objection to adjudication register Section 26(1) Any person named in or affected by the adjudication register who considers it to be incorrect or incomplete in any respect may, within sixty days of the date upon which the notice of completion of the adjudication register is published, object to the adjudication officer in writing, saying in what respect he considers the adjudication register to be incorrect or incomplete. Section 26(2) The adjudication officer shall consider any objection made to him under subsection (1) of this section, and after such further consultation and inquiries as he thinks fit he shall determine the objection.

Section 26Verify source

§ 26APREPARATION OF THE ADJUDICATION REGISTER - 26A. No Objection RegisterCommencement

Section 26A. No Objection Register Section 26A(1)(a) certify thereon and on the duplicate adjudication register that the adjudication of the land set out therein has become final; and Section 26A(1)(b) forward the No Objection Register together with a copy of the duplicate adjudication register to the Chief Land Registrar for the purpose of registration under section 28 . Section 26A(2) The provisions of this section shall apply to all adjudication registers not yet finalized before its commencement. [Act No. 7 of 2007 , Sch.]

Section 26AVerify source

§ 27PREPARATION OF THE ADJUDICATION REGISTER - 27. Finalization of adjudication register, subject to appealsProvision

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.

Section 27. Finalization of adjudication register, subject to appeals Section 27(1) The adjudication officer shall from time to time alter the adjudication register to conform with any determinations of objections under section 26 of this Act. Section 27(2) If the adjudication officer considers that to alter the adjudication register would incur unreasonable expense, delay or inconvenience, he may, instead, recommend to the Cabinet Secretary that compensation be paid and the Cabinet Secretary may make such payment of compensation out of moneys provided by Parliament as he thinks fit. Section 27(3)(a) alter the duplicate adjudication register accordingly; and then Section 27(3)(b) certify on the adjudication register and on the duplicate adjudication register that it has become final subject to the outstanding appeals; and Section 27(3)(c) forward the adjudication register to the Chief Land Registrar together with a list of the appeals.

Section 27Verify source

§ 28PREPARATION OF THE ADJUDICATION REGISTER - 28. Action by Chief Land RegistrarProvision

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

Section 28. Action by Chief Land Registrar Section Upon receiving the adjudication register under section 27 of this Act, the Chief Land Registrar shall cause registrations to be effected in accordance with the adjudication register: Provided that, where the land is affected by an appeal under section 29 of this Act, a restriction shall be made and registered in respect of that land expressed to endure until the determination of the appeal, and on such determination the register shall if necessary be altered in accordance with the determination.

Section 28Verify source

§ 29PREPARATION OF THE ADJUDICATION REGISTER - 29. AppealInterpretation

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.

Section 29. Appeal Section 29(1)(a) delivering to the Cabinet Secretary an appeal in writing specifying the grounds of appeal; and Section 29(1)(b) sending a copy of the appeal to the Director of Land Adjudication, Section 29(2) The Cabinet Secretary shall cause copies of the order to be sent to the Director of Land Adjudication and to the Chief Land Registrar. Section 29(3)(a) alter the duplicate adjudication register to conform with the determinations; and Section 29(3)(b) certify on the duplicate adjudication register that it has become final in all respects, and send details of the alterations and a copy of the certificate to the Chief Land Registrar, who shall alter the adjudication register accordingly. Section 29(4) Notwithstanding the provisions of section 38(2) of the Interpretation and General Provisions Act ( Cap. 2 ) or any other written law, the Cabinet Secretary may delegate, by notice in the Gazette , his powers to hear appeals and his duties and functions under this section to any public office by name, or to the person for the time being holding any public office specified in such notice, and the determination, order and acts of any such public officer shall be deemed for all purposes to be that of the Cabinet Secretary. [Act No. 16 of 1977 , Act No. 7 of 2007 , Sch.]

Section 29Verify source

Part V

MISCELLANEOUS

§ 30MISCELLANEOUS - 30. Staying of land suitsProvision

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.

Section 30. Staying of land suits Section 30(1) Except with the consent in writing of the adjudication officer, no person shall institute, and no court shall entertain, any civil proceedings concerning an interest in land in an adjudication section until the adjudication register for that adjudication section has become final in all respects under section 29 (3) of this Act. Section 30(2) Where any such proceedings were begun before the publication of the notice under section 5 of this Act, they shall be discontinued, unless the adjudication officer, having regard to the stage which the proceedings have reached, otherwise directs. Section 30(3) Any person who is aggrieved by the refusal of the adjudication officer to give consent or make a direction under subsection (1) or (2) of this section may, within twenty-eight days after the refusal, appeal in writing to the Cabinet Secretary whose decision shall be final. Section 30(4) The foregoing provisions of this section do not prevent a final order or decision of a court made or given in proceedings concerning land in an adjudication section being enforced or executed, if at the time this Act is applied to the land the order or decision is not the subject of an appeal and the time for appeal has expired. Section 30(5) A certificate signed by an adjudication officer certifying land to be, or to have become on a particular date, land within an adjudication section shall be conclusive evidence that the land is such land. Section 30(6) Every certificate purporting to be signed by an adjudication officer shall be presumed to be so signed unless the contrary is shown.

Section 30Verify source

§ 31MISCELLANEOUS - 31. Publication of noticesProvision

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.

Section 31. Publication of notices Section 31(1)(a) at the office of the Provincial Commissioner of the province concerned; Section 31(1)(b) at the office of the District Commissioner of the district concerned; and Section 31(1)(c) elsewhere and in such manner as he considers appropriate. Section 31(2) The District Commissioner shall also cause the purport of every notice to be published at barazas throughout the area concerned and in such other ways and on such other occasions as after consultation with the adjudication officer he considers appropriate. Section 31(3) Notices shall be published and the purport promulgated in such language or languages as the District Commissioner considers most likely to be understood by the persons whom they affect.

Section 31Verify source

§ 32MISCELLANEOUS - 32. Fees for adjudicationProvision

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.

Section 32. Fees for adjudication Section 32(1) Every person whose name is recorded in an adjudication record as the owner of land or as the person entitled to an interest in land shall be liable to pay a fee at such rate and at such time as may be prescribed for that adjudication section to the Chief Land Registrar, and every person at whose request a question is referred to a committee or who makes a complaint under section 21 (3) of this Act shall pay the prescribed hearing fee to the Director of Land Adjudication. Section 32(2) All fees, costs, charges and expenses to be paid under or by virtue of this Act or any regulations made under this Act shall be a civil debt recoverable summarily by the person to whom they are payable. [Act No. 10 of 1969 , Sch.]

Section 32Verify source

§ 33MISCELLANEOUS - 33. OffencesOffence

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.

Section 33. Offences Section after receiving a summons issued under this Act, without reasonable excuse neglects or refuses to attend in pursuance of it or to produce any map, plan, instrument or other document which he is required by it to produce; or

Section 33Verify source

§ 34MISCELLANEOUS - 34. Protection of officersProvision

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.

Section 34. Protection of officers Section Any officer appointed under this Act, and any other person appointed for the purpose of adjudication proceedings under this Act, shall not be liable to any action, suit or proceedings for or in respect of any act or matter in good faith done or omitted to be done in exercise or supposed exercise of the powers given by this Act or any regulations made under it.

Section 34Verify source

§ 35MISCELLANEOUS - 35. RegulationsProvision

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

Section 35. Regulations Section The Cabinet Secretary may make regulations for the purpose of prescribing fees for anything to be done under this Act and generally for carrying into effect the provisions and purposes of this Act.

Section 35Verify source

Legislative relationships

4 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

Act. Section 35. Regulations
Section 35
Chapters XI and XVIII of the Penal Code
Section 12

G–M

2 instruments

Interpretation and General Provisions Act
Section 29
Land Adjudication. Section 25. Act
Section 25

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint

11 Dec 2023 · currentEnglish

This relationship view does not by itself establish whether another instrument remains in force.

Check official source

Source-linked research

Ask AI about this statute

The overview, provisions, and source records above are public. Continue in a separate conversation with this statute’s jurisdiction and source version attached.