Community Land Act
This Act may be cited as the Community Land Act.
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 287
- Version
- 31 Dec 2022
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Kenya Law
Statute overview
About this statute
This Act may be cited as the Community Land Act. Interpretation: Section common ancestry; Guiding principles: the principles of land policy are those set out in Article 60 of the Constitution. The Registrar shall not register any instrument purporting to dispose of rights or interest in community land except in accordance with this Act or any other written law. Community land must be registered under this Act and the Land Registration Act (Cap. 300); upon adjudication the Registrar must issue the title in the prescribed form.
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Provisions of Community Land Act
Showing 47 of 47
Part I
PRELIMINARY
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PRELIMINARY - 1. Short title
This Act may be cited as the Community Land Act.
Section 1. Short title Section This Act may be cited as the Community Land Act. - 2 Verify source ↗
PRELIMINARY - 2. Interpretation
Interpretation: Section common ancestry;
Section 2. Interpretation Section common ancestry; - 3 Verify source ↗
PRELIMINARY - 3. Guiding principles
Guiding principles: the principles of land policy are those set out in Article 60 of the Constitution.
Section 3. Guiding principles Section the principles of land policy set out in Article 60 of the Constitution; and
Part II
RECOGNITION, PROTECTION AND REGISTRATION OF COMMUNITY LAND RIGHTS
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RECOGNITION, PROTECTION AND REGISTRATION OF COMMUNITY LAND RIGHTS - 10. Register of community land
The Registrar shall not register any instrument purporting to dispose of rights or interest in community land except in accordance with this Act or any other written law.
Section 10. Register of community land Section 10(1)(a) a cadastral map showing the extent of the community land and identified areas of common interest; Section 10(1)(b) the name of the registered community; Section 10(1)(c) a register of members of the registered community which shall be updated annually; Section 10(1)(d) the user of the land; Section 10(1)(e) such particulars of members of the registered community as the Registrar may determine; and Section 10(1)(f) any other requirement under this Act. Section 10(2) The Registrar shall not register any instrument purporting to dispose of rights or interest in community land except in accordance with this Act or any other written law. Section 10(3) For the avoidance of doubt, until any parcel of community land has been registered in accordance with this Act, such land shall remain unregistered community land and shall, subject to this Act, be held in trust by the county governments on behalf of the communities for which it is held pursuant to Article 63(3) of the Constitution. - 11 Verify source ↗
RECOGNITION, PROTECTION AND REGISTRATION OF COMMUNITY LAND RIGHTS - 11. Registration of community land
Community land must be registered under this Act and the Land Registration Act (Cap. 300); upon adjudication the Registrar must issue the title in the prescribed form.
Section 11. Registration of community land Section 11(1) Community land shall be registered in accordance with the provisions of this Act and the Land Registration Act (Cap. 300). Section 11(2)(a) facilitate in consultation with the respective county governments the adjudication of the community land including the recording of community land claims, demarcation of community land and delineation of boundaries; and Section 11(2)(b) perform any other function conferred by this Act. Section 11(3) Upon adjudication, the title relating to community land shall be issued by the Registrar in the prescribed form. - 12 Verify source ↗
RECOGNITION, PROTECTION AND REGISTRATION OF COMMUNITY LAND RIGHTS - 12. Classes of holding community land
Declares a class of community land and refers to communal land.
Section 12. Classes of holding community land Section as communal land; - 13 Verify source ↗
RECOGNITION, PROTECTION AND REGISTRATION OF COMMUNITY LAND RIGHTS - 13. Community and reserve land
A registered community may, by a resolution of the majority of its members in a general meeting, reserve part of community land for communal purposes.
Section 13. Community and reserve land Section 13(1) A registered community may by a resolution of the majority members of that community in a general meeting, reserve a portion of the community land for communal purposes. Section 13(2) Any land which has been used communally, for public purpose, before the commencement of this Act shall upon commencement of this Act be deemed to be public land vested in the national or county government, according to the use it was put for. Section 13(3)(a) farming; Section 13(3)(b) settlement; Section 13(3)(c) community conservation; Section 13(3)(d) cultural and heritage sites; Section 13(3)(e) urban development; or Section 13(3)(f) any other purposes as may be determined by the community, respective county government or national government for the promotion or upgrading of public interest. Section 13(4) An area reserved for special purposes under subsection (3) shall be used exclusively for the intended purpose. - 14 Verify source ↗
RECOGNITION, PROTECTION AND REGISTRATION OF COMMUNITY LAND RIGHTS - 14. Confirmation of validity of existing customary rights of occupancy
Customary rights of occupancy that existed before this Act commence are recognised as rights upon commencement (subject to Article 40(6)); members of a community may apply to the registered community for customary right of occupancy; upon approval the registered community must issue a certificate of customary right of use and occupancy in the prescribed form.
Section 14. Confirmation of validity of existing customary rights of occupancy Section 14(1)(a) capable of being allocated by the community to an individual person, family, group of persons, clan, an association, partnership or body corporate wholly owned by citizens of Kenya; Section 14(1)(b) capable of being of indefinite duration; and Section 14(1)(c) governed by customary law in respect of any dealings. Section 14(2) A customary right of occupancy on any community land subsisting before the commencement of this Act shall upon the commencement of this Act be a recognisable right of occupancy in the respective community land subject to Article 40(6) of the Constitution. Section 14(3) A person, a family unit, a group of persons recognized as such under any customary law or who have formed or organized themselves as an association, a cooperative society or any other body recognized by any written law, who are members of a community may apply to the registered community for customary right of occupancy. Section 14(4)(a) proposals made by the adjudication team or any sub-committee of the registered community set up for that purpose; and Section 14(4)(b) equal treatment of applications for women and men; and Section 14(4)(b)(i) equal treatment of applications for women and men; and Section 14(4)(b)(ii) non-discrimination of any person on the basis of gender, disability, minority, culture or marital status. Section 14(5) Upon approval by the registered community, the registered community shall issue a certificate of customary right of use and occupancy in the prescribed form. - 4 Verify source ↗
RECOGNITION, PROTECTION AND REGISTRATION OF COMMUNITY LAND RIGHTS - 4. Ownership and tenure system
Community land in Kenya belongs to the Community; the State may regulate its use; recognised tenure systems include customary, freehold, leasehold and other systems under this Act or written law.
Section 4. Ownership and tenure system Section 4(1) Community land in Kenya shall vest in the Community. Section 4(2) Subject to the provisions of this Act or any other written law, the State may regulate the use of community land in accordance with Article 66 of the Constitution. Section 4(3)(a) customary; Section 4(3)(b) freehold; Section 4(3)(c) leasehold; and Section 4(3)(d) such other tenure system recognized under this Act or other written law. - 5 Verify source ↗
RECOGNITION, PROTECTION AND REGISTRATION OF COMMUNITY LAND RIGHTS - 5. Protection of community land rights
Community land rights are protected: the State may not compulsorily acquire interests in community land except under law, for a public purpose, and with prompt payment of just compensation; persons with subsisting customary rights before commencement continue to hold those rights.
Section 5. Protection of community land rights Section 5(1)(a) of any description; and Section 5(1)(b) in any part of Kenya. Section 5(2) Customary land rights shall be recognized, adjudicated for and documented for purposes of registration in accordance with this Act and any other written Iaw. Section 5(3) Customary land rights, including those held in common shall have equal force and effect in law with freehold or leasehold rights acquired through allocation, registration or transfer. Section 5(4) Subject to Article 40(3) of the Constitution and the Land Act (Cap. 280), no interest in, or right over community land may be compulsorily acquired by the State except in accordance with the law, for a public purpose, and upon prompt payment of just compensation to the person or persons, in full or by negotiated settlement. Section 5(5) Subject to the provisions of section 46 of this Act, any person who immediately before the commencement of this Act had a subsisting customary right to hold or occupy land shall upon commencement of this Act continue to hold such right. - 6 Verify source ↗
RECOGNITION, PROTECTION AND REGISTRATION OF COMMUNITY LAND RIGHTS - 6. Role of county governments
County governments must hold unregistered community land in trust for communities and manage any compensation monies, depositing interest-bearing accounts and transferring funds to communities; they must not dispose of such land held in trust; upon registration the registered community assumes management and the county's trustee role ends.
Section 6. Role of county governments Section 6(1) County governments shall hold in trust all unregistered community land on behalf of the communities for which it is held. Section 6(2) The respective county government shall hold in trust for a community any monies payable as compensation for compulsory acquisition of any unregistered community land. Section 6(3) Upon registration of community land, the respective county government shall promptly release to the community all such monies payable for compulsory acquisition. Section 6(4) Any such monies shall be deposited in a special interest earning account by the county government. Section 6(5) The respective county government shall transfer the amount and the interests earned to the communities as may be prescribed. Section 6(6) Any transaction in relation to unregistered community land within the county shall be in accordance with the provisions of this Act and any other applicable law. Section 6(7) Upon the registration of any unregistered community land in accordance with this Act, the respective registered community shall, assume the management and administrative functions provided in this Act and the trustee role of the respective county government in relation to the land shall cease. Section 6(8) A county government shall not sell, dispose, transfer, convert for private purposes or in any other way dispose of any unregistered community land that it is holding in trust on behalf of the communities for which it is held. - 7 Verify source ↗
RECOGNITION, PROTECTION AND REGISTRATION OF COMMUNITY LAND RIGHTS - 7. Procedure for registration of communities
Sets procedures for registering a community: the Registrar must invite community members to elect a community land management committee by public notice; the community must elect 7–15 committee members; the committee must prepare and submit required documents to the Registrar; the Registrar may use electronic media.
Section 7. Procedure for registration of communities Section 7(1) A community claiming an interest in or right over community land shall be registered in accordance with the provisions of this section. Section 7(2) The community land registrar shall by notice in at least one newspaper of nationwide circulation and a radio station of nationwide coverage, invite all members of the community with some communal interest to a public meeting for the purpose of electing the members of the community land management committee. Section 7(3) The notice shall also be given to the national county administrators and county government administrators in the area where the community land is located. Section 7(4) The community land registrar may use all available means of communication including electronic media to reach the community members. Section 7(5) The community shall elect between seven and fifteen members from among themselves to be the members of the community land management committee as provided in section 15 , who shall come up with a comprehensive register of communal interest holders. Section 7(6) The community land management committee shall come up with the name of the community and shall submit the name, register of members, minutes of the meeting and the rules and regulations of the committee to the Registrar for registration. - 8 Verify source ↗
RECOGNITION, PROTECTION AND REGISTRATION OF COMMUNITY LAND RIGHTS - 8. Procedure for recognition and adjudication of community land
The Cabinet Secretary must develop and publish a comprehensive adjudication programme (in consultation with county governments) for registering community land and must ensure the inventory process is transparent, cost‑effective and participatory; the county governments may access the inventory; the Cabinet Secretary must issue a public notice with specified contents and a period of sixty days.
Section 8. Procedure for recognition and adjudication of community land Section 8(1) Subject to this Act and any law relating to adjudication of titles to land, the Cabinet Secretary shall, in consultation with the respective county governments, develop and publish in the Gazette a comprehensive adjudication programme for purposes of registration of community land. Section 8(2) The Cabinet Secretary shall, in consultation with the county governments ensure that the process of documenting, mapping and developing of the inventory of community land shall be transparent, cost effective and participatory. Section 8(3) The inventory of community land referred to in subsection (2) may be accessed by the county governments for ease of access by members of the community. Section 8(4) The Cabinet Secretary shall issue a public notice of intention to survey, demarcate and register community land. Section 8(5)(a) contain the name of the community; Section 8(5)(b) state which land is to be adjudicated; Section 8(5)(c) invite all interested persons with overriding interests or any other claim on the land, to lodge their claims; Section 8(5)(d) specify an area or areas of land to be a community land registration unit; and Section 8(5)(e) be for a period of sixty days. Section 8(6)(a) all parcels already in use for public purposes; and Section 8(6)(b) adjudicated private land. Section 8(7) A cadastral map of the land shall then be produced and presented to the Registrar for registration. - 9 Verify source ↗
RECOGNITION, PROTECTION AND REGISTRATION OF COMMUNITY LAND RIGHTS - 9. Community Land Registar
The Chief Land Registrar must designate a qualified registrar as the Community Land Registrar to register community land.
Section 9. Community Land Registar Section The Chief Land Registrar shall designate a qualified registrar to be the Community Land Registrar responsible for registration of community land.
Part III
ADMINISTRATION AND MANAGEMENT OF COMMUNITY LAND
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ADMINISTRATION AND MANAGEMENT OF COMMUNITY LAND - 15. Functions and powers of the community land management committee
Defines the community assembly and composition and sets quorum, election size for the community land management committee, lists the committee's functions, and sets voting thresholds for land disposal decisions.
Section 15. Functions and powers of the community land management committee Section 15(1) A registered community shall have a community assembly which shall consist of all adult members of the community. Section 15(2) The quorum for decision making by the community shall not be less than two thirds of the community assembly. Section 15(3) The community assembly shall elect between seven and fifteen members of the community assembly to constitute the community land management committee. Section 15(4)(a) have responsibility over the running of the day to day functions of the community; Section 15(4)(b) manage and administer registered community land on behalf of the respective community; Section 15(4)(c) coordinate the development of community land use plans in collaboration with the relevant authorities; Section 15(4)(d) promote the co-operation and participation among community members in dealing with matters pertaining to the respective registered community land; and Section 15(4)(e) prescribe rules and regulations, to be ratified by the community assembly, to govern the operations of the community. Section 15(5) Any decision of a registered community to dispose of or otherwise alienate community land shall be binding if it is supported by at least two thirds of the registered adult members of the community, while all other decisions of the registered community shall be by a simple majority of the members present in a meeting.
Part IV
NATURE OF COMMUNITY LAND TITLE
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NATURE OF COMMUNITY LAND TITLE - 16. Interest conferred by registration
When a community is registered as the proprietor of land, that community is vested with absolute ownership of the land and all rights and privileges appurtenant to it.
Section 16. Interest conferred by registration Section the registration of a community as the proprietor of land shall vest in that community the absolute ownership of that land together with all rights and privileges belonging or appurtenant thereto; and - 17 Verify source ↗
NATURE OF COMMUNITY LAND TITLE - 17. Rights of a community as proprietor
A community as proprietor is entitled to the leases, charges and other encumbrances shown in the register and is subject to overriding interests declared by section 28 of the Land Registration Act; and this section does not relieve a registered community from duties or obligations of a proprietor.
Section 17. Rights of a community as proprietor Section 17(1)(a) the leases, charges and other encumbrances and to the conditions and restrictions, if any, shown in the register; and Section 17(1)(b) such overriding interests as may affect the land and are declared by section 28 of the Land Registration Act (Cap. 300). Section 17(2) Nothing in this section shall be taken to relieve a registered community from any duty or obligation to which the registered community is subject to as a proprietor. - 18 Verify source ↗
NATURE OF COMMUNITY LAND TITLE - 18. Certificate of title to be evidence of proprietorship
A certificate of title is evidence of proprietorship, but it may be set aside on grounds of fraud or misrepresentation or if acquired illegally or through a corrupt scheme; a certified copy of any registered instrument signed and sealed by the Registrar is received in evidence like the original.
Section 18. Certificate of title to be evidence of proprietorship Section 18(1)(a) on grounds of fraud or misrepresentation to which the person is proved to be a party; or Section 18(1)(b) where the certificate of title has been acquired illegally, unprocedurally or through a corrupt scheme. Section 18(2) A certified copy of any registered instrument, signed by the Registrar and sealed with the seal of the Registrar, shall be received in evidence in the same manner as the original. - 19 Verify source ↗
NATURE OF COMMUNITY LAND TITLE - 19. Land use and development planning of community land
Section 19 allows a registered community to submit a development, management and use plan for its community land and requires approved plans to be followed; it also imposes duties on county governments regarding consideration, approval and record-keeping.
Section 19. Land use and development planning of community land Section 19(1) A registered community may, on its own motion or at the request of the county government, submit to the county government a plan for the development, management and use of the community land administered by the registered community for approval. Section 19(2)(a) consider any conservation, environmental or heritage issues relevant to the development, management or use of the land; Section 19(2)(b) incorporate in the plan a statement that it has considered those issues in paragraph (a) when drawing up the plan; Section 19(2)(c) consider any environmental impact plan pursuant to existing laws on environment; Section 19(2)(d) comply with the values and principles of the Constitution; Section 19(2)(e) seek ratification from the members of the registered community; and Section 19(2)(f) be bound by any approved relevant physical development plan. Section 19(3) If a registered community submits a plan to the county government under subsection (1) and the government approves and notifies the registered community of that fact, the registered community shall develop, manage and use the land concerned in accordance with the plan as approved or subsequently varied as the case may be. Section 19(4) The county government shall, in considering a plan submitted to it under this section comply with the relevant law relating to development planning. Section 19(5) The county government shall on the request of the Commission submit records of development plans lodged with the county government in accordance with this section. - 20 Verify source ↗
NATURE OF COMMUNITY LAND TITLE - 20. Conservation and management of resources in community land
Registered communities must abide by relevant laws, policies and standards on natural resources and must put in place measures to conserve resources in community land.
Section 20. Conservation and management of resources in community land Section 20(1) For purposes of the sustainable conservation of land based natural resources within community land across counties, every respective registered community shall abide by the relevant applicable laws, policies and standards on natural resources. Section 20(2)(a) measures to protect critical ecosystems and habitats; Section 20(2)(b) incentives for communities and individuals to invest in income generating natural resource conservation programmes ; Section 20(2)(c) measures to facilitate the access, use and comanagement of forests, water and other resources by communities who have customary rights to these resources; Section 20(2)(d) procedures for the registration of natural resources in an appropriate register; and Section 20(2)(e) procedures for the involvement of communities and other stakeholders in the management and utilization of land-based natural resources. Section 20(3) A registered community shall put in place measures necessary to conserve resources in community land.
Part IX
GENERAL PROVISIONS
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GENERAL PROVISIONS - 43. Unlawful occupation of community land
Persons must not occupy or use registered community land except under a right acquired in accordance with the Act; contravention is an offence.
Section 43. Unlawful occupation of community land Section 43(1) No person shall occupy or use for any purpose any registered community land other than under a right acquired in accordance with the provisions of this Act. Section 43(2) A person who contravenes this section commits an offence. - 44 Verify source ↗
GENERAL PROVISIONS - 44. General penalty
If a person is convicted of an offence under this Act and no other penalty is provided, they may be fined up to five hundred thousand shillings, imprisoned for up to three years, or both.
Section 44. General penalty Section A person convicted of an offence under this Act for which no other penalty is provided shall be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years, or to both. - 46 Verify source ↗
GENERAL PROVISIONS - 46. Saving and transitional provisions
Section 46 contains saving and transitional rules, including deeming older rights to be under this Act, continuation of transactions begun before commencement, Registrar determinations for registration, court powers to grant injunctions against forfeiture or foreclosure begun before commencement, Cabinet Secretary duties to develop and conclude adjudication programmes within three years, and deeming certain adjudication officers to be national government officers.
Section 46. Saving and transitional provisions Section 46(1) Unless the contrary is specifically provided in this Act, any right, interest, title, power, or obligation acquired, accrued, established, coming into force or exercisable before the commencement of this Act shall be deemed to have been acquired under this Act. Section 46(2) Unless the contrary is specifically provided in this Act or the circumstances are such that the contrary must be presumed, if any step has been taken to create, acquire, assign, transfer, or otherwise execute a disposition in community land, any such transaction shall be continued in accordance with the provisions of this Act. Section 46(3)(a) the question whether any instrument so presented is to be registered shall be determined by the Registrar by reference to the law in force at the time of its execution; and Section 46(3)(b) subject to the provisions of paragraph (a), the provisions of this Act shall apply to that instrument as if it had been executed after the commencement of this Act. Section 46(4) If a lessor or chargor had initiated any steps to forfeit a lease or to foreclose a charge, as the case may be, before the commencement of this Act, a court may on the application of the lessee or the chargee issue an injunction to the lessor or, to the chargor to stop the continuation of any such step. Section 46(5) If a court had issued an injunction under subsection (4), the lessor or chargor to whom the injunction has been issued may commence any action under this Act to terminate that lease or bring that charge to an end. Section 46(6) For the avoidance of doubt, the Cabinet Secretary shall develop the adjudication programme and ensure that the new and existing adjudication programme shall, subject to this Act, be governed by the law applicable to it immediately before to the commencement of this Act and shall be concluded within three years of the enactment of this Act. Section 46(7) If at the lapse of the time specified by the Cabinet Secretary under subsection (6) there is any adjudication programme not finalized, the Cabinet Secretary shall gazette new completion dates and finalize the registration under the provisions of this Act. Section 46(8) The Director of Land Adjudication, an adjudication officer, demarcation officer, survey officer or a recording officer involved in an adjudication programme referred to under subsection (6) shall, for purposes of this section be deemed to be an officer of the national government. Section 46(9) The provisions of this section shall be subject to the provisions of Article 63 (4) of the Constitution and the legislation providing for the review of grants and dispositions. - 47 Verify source ↗
GENERAL PROVISIONS - 47. Group representatives
Group representatives and their communities must be registered as communities; upon registration the group representatives must cease to hold office; the Cabinet Secretary may make regulations to implement this section.
Section 47. Group representatives Section 47(1) In relation to land held under the Land (Group Representatives) Act (Repealed), the respective group representatives together with the communities they represent shall be registered as a community in accordance with the provisions of this Act. Section 47(2) Upon registration, the respective group representatives shall cease to hold office. Section 47(3) Land held by group representatives referred to under subsection (1) shall not be sold, leased or converted to private land before it has been registered under this Act. Section 47(4) Title documents issued to group representatives under the Land (Group Representatives) Act (Repealed) shall continue to be in force until new titles are issued in the names of the respective communities or other institutions in accordance with this Act. Section 47(5) The transitional provisions set out in the Schedule shall apply upon commencement of this Act. Section 47(6) The Cabinet Secretary may prescribe regulations for giving effect to this section. - 48 Verify source ↗
GENERAL PROVISIONS - 48. Regulations
The Cabinet Secretary may, ensuring public participation, make regulations to carry this Act into effect and may make regulations on a list of specified topics concerning community land.
Section 48. Regulations Section 48(1) The Cabinet Secretary, ensuring public participation may make regulations generally for the better carrying into effect of this Act. Section 48(2)(a) the procedures of recognition and registration of all parcels of community land rights; Section 48(2)(b) procedure for settlement of disputes arising from the community land registration process; Section 48(2)(c) the requirements for investor partnerships; Section 48(2)(d) the procedures of registering any other entity holding community land; Section 48(2)(e) conversion of other categories of land into community land; Section 48(2)(f) the fees payable for any application or the issue of any certificate or other document in terms of this Act; Section 48(2)(g) the conditions, in addition to conditions imposed by or under any other law, under which prospecting or mining operations may be carried out on community land; Section 48(2)(h) public education and awareness on the rights of communities over community land; Section 48(2)(i) the combating and prevention of soil erosion and degradation, the protection of the pastoral resources and the limitation and control of the grazing of stock; Section 48(2)(j) payment of royalties to communities from income generated from resources within community lands; Section 48(2)(k) the timelines within which the adjudication programme must be gazetted, including guidelines on how to ascertain community or individual claims of interest in or right over community land; Section 48(2)(l) the rules and procedure for election of a community land management committee; and Section 48(2)(m) the procedures for registration of interest in community land as enshrined in Article 63 of the Constitution.
Part V
CONVERSION OF LAND
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CONVERSION OF LAND - 21. Conversion of community land
The Community land register must record particulars of all conversions involving community land; a registered community must obtain approval of two thirds of the assembly in a special meeting before converting registered community land to another land category.
Section 21. Conversion of community land Section 21(1) The Community land register shall, in addition to the particulars set out under section 8(1) of the Land Registration Act (Cap. 300) contain the particulars of all conversions involving community land. Section 21(2) A registered community shall, before the conversion of registered community land into any other category of land seek and obtain approval from two thirds of the assembly in a special meeting convened for that purpose. - 22 Verify source ↗
CONVERSION OF LAND - 22. Conversion of community land to public land
Section 22 addresses conversion of community land to public land and lists compulsory acquisition, transfer, or surrender; it notes that other laws including the Land Act apply; states reversionary interest lies with the community upon expiry of public use; and conditions transfer on approval by members of the registered community in a community meeting and compliance with the Land Act and other law.
Section 22. Conversion of community land to public land Section 22(1)(a) compulsory acquisition; Section 22(1)(b) transfer; or Section 22(1)(c) surrender. Section 22(2) Nothing in this Act limits the application of the Land Act (Cap. 280) and any other law in relation to compulsory acquisition of land. Section 22(3) Reversionary interest of such land shall lie with the community in the first instance upon expiry of such public use interest. Section 22(4) Transfer of community land shall, subject to the approval of the members of the registered community in a community meeting, be done in accordance with the Land Act (Cap. 280) and any other applicable law. - 23 Verify source ↗
CONVERSION OF LAND - 23. Conversion of community land to private land
Conversion of community land to private land
Section 23. Conversion of community land to private land Section transfer; or - 24 Verify source ↗
CONVERSION OF LAND - 24. Conversion of public land to community land
Public land may be converted to community land by allocation by the National Land Commission in accordance with the Land Act; the Commission may identify parcels exempt from case-by-case conversion by order in the gazette.
Section 24. Conversion of public land to community land Section 24(1) Public land may be converted to community land by allocation by the National Land Commission in accordance with the Land Act (Cap. 280). Section 24(2) Conversion of public land to community land under subsection (1) may be effected on a case by case basis. Section 24(3) The National Land Commission may, by an order published in the gazette identify other specific parcels to which subsection (2) shall not apply. - 25 Verify source ↗
CONVERSION OF LAND - 25. Conversion of private land to community land
Section 25 concerns conversion of private land to community land.
Section 25. Conversion of private land to community land Section transfer; or - 26 Verify source ↗
CONVERSION OF LAND - 26. Setting aside community land for public purposes
A community may set aside part of its registered community land for public purposes; when that happens, the National Land Commission must gazette the parcel as public land.
Section 26. Setting aside community land for public purposes Section 26(1) A community may set aside part of the registered community land for public purposes. Section 26(2) Where land is set aside for public purposes under subsection (1), the National Land Commission shall gazette such parcel of land as public land.
Part VI
SPECIAL RIGHTS AND ENTITLEMENTS IN THE COMMUNITY LAND
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SPECIAL RIGHTS AND ENTITLEMENTS IN THE COMMUNITY LAND - 27. Individual rights on community land
A registered community may, on application and with members' approval, allocate part of its registered community land to one or more members for exclusive use and occupation for a period it determines.
Section 27. Individual rights on community land Section 27(1) A registered community may upon application and with approval of the members of the registered community, allocate part of its registered community land to a member or a group of members of the community for exclusive use and occupation for such period as the registered community shall determine. Section 27(2) Despite subsection (1), a separate title shall not be issued for such parcel. Section 27(3) An individual entitlement under subsection (1) shall not be superior to community title in any way. Section 27(4)(a) shall pay to the registered community such premium or fees commensurate to the use as may be determined by the community from time to time; Section 27(4)(b) may develop the land subject to the provisions of any laws and regulations relating to land use; Section 27(4)(c) may not assign or lease the land to a third party who is not a member of the community; Section 27(4)(d) shall put the land into lawful use; Section 27(4)(e) shall surrender the land back to the community if the member no longer shall be entitled to quiet enjoyment of the land, requires the land; and - 28 Verify source ↗
SPECIAL RIGHTS AND ENTITLEMENTS IN THE COMMUNITY LAND - 28. Grazing rights
Section 28 governs grazing rights: registered communities must consider pastoral customs consistent with the Act; they may grant grazing rights to outsiders upon application subject to conditions; they may withdraw granted rights (with member approval) for drought or reasonable cause; various activities on grazing land are prohibited; contravening those prohibitions is an offence punishable by a fine up to 100,000 shillings or up to six months imprisonment.
Section 28. Grazing rights Section 28(1) The customs and practices of pastoral communities relating to land shall be taken into consideration by a registered community as long as they are consistent with the provisions of this Act or other applicable law. Section 28(2)(a) the kind and number of livestock that may be grazed; Section 28(2)(b) the section or sections of the land where livestock may be grazed and the grazing in rotation on different sections; and Section 28(2)(c) a grazing plan; Section 28(2)(d) the right of the community to utilize the portion of land in accordance with this Act. Section 28(3) The registered community may upon application by any person who is not a member of the registered community, grant grazing rights and upon such grant, that person shall exercise the rights subject to the conditions referred to in subsection (1): Provided that the registered community shall subject to the approval of the members of the registered community in a meeting convened for that purpose withdraw a grazing right granted under this subsection if, due to drought or any other reasonable cause, the registered community considers such cancellation to be in the interest of the residents of the community concerned. Section 28(4)(a) fails to observe in a material respect any condition referred to in this Act; or Section 28(4)(b) contravenes any provision of subsection (2). Section 28(5)(a) erect or occupy any building or other structure on the designated grazing land; Section 28(5)(b) plough or cultivate any portion of the land; Section 28(5)(c) take up abode on or occupy any portion of the grazing land; and Section 28(5)(d) obstruct the access to any watering place on the land, prevent or attempt to prevent any person from drawing water from, or watering stock at a watering place, pollute the water at a watering place or interfere with the operation of any windmill, water-pump, water-pipe, dam or storage tank or other appurtenance installed or constructed at such a watering place. Section 28(6) A person who contravenes subsection (5) commits an offence and is liable, oil conviction, to a fine not exceeding one hundred thousand shillings or imprisonment for a period not exceeding six months. - 29 Verify source ↗
SPECIAL RIGHTS AND ENTITLEMENTS IN THE COMMUNITY LAND - 29. Designation of other land use rights in community land
Section 29 lists types of special purposes that community land may be designated for and states that land designated under subsection (1) must be used exclusively for those designated purposes.
Section 29. Designation of other land use rights in community land Section 29(1)(a) farming areas; Section 29(1)(b) settlement areas; Section 29(1)(c) community conservation areas; Section 29(1)(d) access and rights of way; Section 29(1)(e) cultural and religious sites; Section 29(1)(f) urban development; or Section 29(1)(g) any other purpose as may be determined by the community, county government or national government for the promotion of public interest. Section 29(2) An area designated for special purposes under subsection ( 1) shall be used exclusively for the designated purposes. - 30 Verify source ↗
SPECIAL RIGHTS AND ENTITLEMENTS IN THE COMMUNITY LAND - 30. Non-discrimination
Community members have equal rights to benefit from and access community land; registered communities must not discriminate; spouses of members automatically gain membership until specified events.
Section 30. Non-discrimination Section 30(1) Every member of the community has the right to equal benefit from community land. Section 30(2) Equality includes full and equal enjoyment of rights of use and access. Section 30(3) Women, men, youth, minority, persons with disabilities and marginalized groups have the right to equal treatment in all dealings in community land. Section 30(4) A registered community shall not directly or indirectly discriminate against any member of the community on any ground including race, gender, marital status, ethnic or social origin, colour, age, disability, religion or culture. Section 30(5) For the avoidance of doubt, every man or woman married to a member of the community shall gain automatic membership of the community and such membership shall subsist until the spouses legally divorce and the woman remarries or the woman remarries after the death of a spouse. Section 30(6) Subject to Article 159 of the Constitution, the culture of each community shall be recognized in accordance with Article 11(1) of the Constitution in the exercise of community land rights. - 31 Verify source ↗
SPECIAL RIGHTS AND ENTITLEMENTS IN THE COMMUNITY LAND - 31. Transactions in community land
Customary land rights may be transferred only with the approval of the registered community; contracts and transfers over community land must follow procedures like those for private land under the Land Act and be registered under the Land Registration Act.
Section 31. Transactions in community land Section 31(1) Subject to such exemptions as may be prescribed, or unless any condition attaching to a community land right or a right of leasehold under this Act provides otherwise, a customary land right may be dealt with only with the approval of the registered community in a meeting convened for such purpose. Section 31(2) For the purposes of this Act, contracts and transfers over community land shall be carried out in a manner similar to transactions over private land as provided in the Land Act (Cap. 280) and registered as provided in the Land Registration Act (Cap. 300). - 32 Verify source ↗
SPECIAL RIGHTS AND ENTITLEMENTS IN THE COMMUNITY LAND - 32. Leases over community land
Leases over community land must be based on an agreement between the community and the lessee and are subject to implied conditions from other written law; generally, the Land Act Part IV lease provisions apply to such leases unless the community-lessee agreement says otherwise.
Section 32. Leases over community land Section 32(1) A lease over community land shall be on the basis of an agreement between the community and the lessee and subject to such implied conditions, restrictions and covenants as may be contained in any other written law. Section 32(2) Despite section 55(1) of the Land Act (Cap. 280) unless the agreement contemplated under subsection (1) otherwise provides, the general provisions on leases contained in Part IV of that Act shall apply to leases over community land. - 33 Verify source ↗
SPECIAL RIGHTS AND ENTITLEMENTS IN THE COMMUNITY LAND - 33. Cancellation of rights of leasehold
A registered community may cancel a leasehold right if, with members' approval, the leaseholder fails to comply with legal requirements or restrictions on land use.
Section 33. Cancellation of rights of leasehold Section In addition to such grounds of cancellation as may be set out in a deed of leasehold, a right of leasehold may be cancelled by a registered community, with approval of the members of the registered community, if the leaseholder fails to comply with the requirements or to adhere to any restrictions imposed by or under any law pertaining to the utilization of the land to which the right relates. - 34 Verify source ↗
SPECIAL RIGHTS AND ENTITLEMENTS IN THE COMMUNITY LAND - 34. Existing rights to use and occupy community land
People who, immediately before this Act began, held a right to use and occupy any part of community land may continue to use and occupy that land under that right until the lease expires; after the lease expires sections 28 and 29 apply.
Section 34. Existing rights to use and occupy community land Section 34(1) Any person who immediately before the commencement of this Act, held a right to use and occupy any part of community land, whether by virtue of any authority granted under any law or otherwise than under a lease, may continue to use and occupy such land under that right, subject to the same terms and conditions until the lease expires, after which the provisions of sections 28 and 29 shall apply. Section 34(2) Any conversion which commenced before the promulgation of the Constitution shall be deemed to have commenced under this Act, while any conversion commenced after the promulgation of the Constitution shall be null and void.
Part VII
ENVIRONMENT AND NATURAL RESOURCES MANAGEMENT
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ENVIRONMENT AND NATURAL RESOURCES MANAGEMENT - 35. Natural resources on community land
Section 35. Natural resources on community land Section sustainably and productively;
Section 35. Natural resources on community land Section sustainably and productively; - 36 Verify source ↗
ENVIRONMENT AND NATURAL RESOURCES MANAGEMENT - 36. Benefit sharing
Sets rules for how communities should benefit from investments in their land and conditions for valid agreements with investors, including required community approval and ability to seek county guidance.
Section 36. Benefit sharing Section 36(1)(a) an environmental, social, cultural and economic impact assessment; Section 36(1)(b) stakeholder consultations and involvement of the community; Section 36(1)(c) continuous monitoring and evaluation of the impact of the investment to the community; Section 36(1)(d) payment of compensation and royalties; Section 36(1)(e) requirement to re-habilitate the land upon completion or abandonment of the project; Section 36(1)(f) measures to be put in place to mitigate any negative effects of the investment; Section 36(1)(g) capacity building of the community and transfer technology to the community; and Section 36(1)(h) any other matters necessary for determining how local communities will benefit from investments in their land. Section 36(2) An agreement relating to investment in community land shall only be made between the investor and the community. Section 36(3) No agreement between an investor and the community shall be valid unless it is approved by two thirds of adult members at a community assembly meeting called to consider the offer and at which a quorum of two thirds of the adult members of that community is represented. Section 36(4) The community may request the guidance and assistance of the county government or any other relevant stakeholders in considering the offer of investment. - 37 Verify source ↗
ENVIRONMENT AND NATURAL RESOURCES MANAGEMENT - 37. Rules and by-laws
Section 37. Rules and by-laws Section the regulation of investments on the land;
Section 37. Rules and by-laws Section the regulation of investments on the land; - 38 Verify source ↗
ENVIRONMENT AND NATURAL RESOURCES MANAGEMENT - 38. Regulation of community land use planning
The State has the power to regulate the use of land or rights over land for reasons including defence, public safety, public order, public morality, public health and land use planning.
Section 38. Regulation of community land use planning Section 38(1) Pursuant to Article 66 of the Constitution, the State shall have the power to regulate the use of any land, or interest in or right over land, in the interest of defence, public safety, public order, public morality, public health or land use planning. Section 38(2)(a) fishing, hunting and gathering; Section 38(2)(b) protection of animals and wildlife; Section 38(2)(c) water protection, securing sufficient residual water, hydraulic engineering and safety of dams; Section 38(2)(d) forestry; Section 38(2)(e) environmental laws; Section 38(2)(f) energy policy; and Section 38(2)(g) exploitation of minerals and natural resources.
Part VIII
SETTLEMENT OF DISPUTES RELATING TO COMMUNITY LAND
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SETTLEMENT OF DISPUTES RELATING TO COMMUNITY LAND - 39. Dispute resolution mechanisms
Registered communities may use alternative dispute resolution and must give priority to such methods for community land disputes; courts and other dispute bodies must apply prevailing customary law subject to the Constitution and this Act.
Section 39. Dispute resolution mechanisms Section 39(1) A registered community may use alternative methods of dispute resolution mechanisms including traditional dispute and conflict resolution mechanisms where it is appropriate to do so, for purposes of settling disputes and conflicts involving community land. Section 39(2) Any dispute arising between members of a registered community, a registered community and another registered community shall, at first instance, be resolved using any of the internal dispute resolution mechanisms set out in the respective community by-laws. Section 39(3) Where a dispute or conflict relating to community land arises, the registered community shall give priority to alternative methods of dispute resolution. Section 39(4) Subject to the provisions of the Constitution and of this Act, a court or any other dispute resolution body shall apply the customary law prevailing in the area of jurisdiction of the parties to a dispute or binding on the parties to a dispute in settlement of community land disputes so far as it is not repugnant to justice and morality and inconsistent with the Constitution. - 40 Verify source ↗
SETTLEMENT OF DISPUTES RELATING TO COMMUNITY LAND - 40. Mediation
Parties to a community-land dispute may agree to refer the dispute to mediation; if they reach an agreement in mediation it must be written and signed by the parties.
Section 40. Mediation Section 40(1) Where a dispute relating to community land arises, the parties to the dispute may agree to refer the dispute to mediation. Section 40(2) The mediation shall take place in private or in informal setting where the parties participate in the negotiation and design the format of the settlement agreement. Section 40(3)(a) convening meetings for the hearing of disputes from parties and keep record of the proceedings; Section 40(3)(b) establishing ground rules for the conduct of parties; structuring and managing the negotiation process and helping to clarify the facts and issues; and Section 40(3)(c) helping the parties to resolve their dispute. Section 40(4) If an agreement is reached during the mediation process, the agreement shall be reduced into writing and signed by the parties at the conclusion of the mediation. - 41 Verify source ↗
SETTLEMENT OF DISPUTES RELATING TO COMMUNITY LAND - 41. Arbitration
Where a dispute relating to community land arises, the parties to the dispute may agree to refer the dispute to arbitration.
Section 41. Arbitration Section 41(1) Where a dispute relating to community land arises, the parties to the dispute may agree to refer the dispute to arbitration. Section 41(2) Where the parties to an arbitration agreement fail to agree on the appointment of an arbitrator or arbitrators, the provisions of the Arbitration Act (Cap. 49) relating to the appointment of arbitrators shall apply. - 42 Verify source ↗
SETTLEMENT OF DISPUTES RELATING TO COMMUNITY LAND - 42. Judicial proceedings
If all efforts to resolve a dispute under the Act fail, a party to the dispute may refer the matter to court.
Section 42. Judicial proceedings Section 42(1) Where all efforts of resolving a dispute under this Act fail, a party to the dispute may refer the matter to court. Section 42(2)(a) confirm, set aside, amend or review the decision which is the subject of the appeal; or Section 42(2)(b) make any order in connection therewith as it may deem fit.
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