Trust Land Act (Cap. 288). | Land Portal | Securing Land Rights Through Open Data

Resource information

Date of publication: 
January 1938
Resource Language: 
ISBN / Resource ID: 
LEX-FAOC062437
License of the resource: 
Copyright details: 
© FAO. FAO is committed to making its content freely available and encourages the use, reproduction and dissemination of the text, multimedia and data presented. Except where otherwise indicated, content may be copied, printed and downloaded for private study, research and teaching purposes, and for use in non-commercial products or services, provided that appropriate acknowledgement of FAO as the source and copyright holder is given and that FAO's endorsement of users' views, products or services is not stated or implied in any way.

This Act makes provision for the administration of Trust land as defined by section 114 of the Constitution of Kenya, the setting apart of an area of Trust land for use and occupation for specified purposes, the use of Trust land and for other related purposes. The Act applies to all land which for the time being is Trust land.The Act consists of 33 sections divided into 7 Parts.The local authority in whom the Trust land is vested (“council”) shall divide the Trust land vested in it into such divisions as appear to it to be necessary or expedient for the purposes of this Act, or may declare the whole of that land to be a division for purposes of this Act. A Divisional Land Board shall be established in respect of each division created under this Part. Land may be set apart on request of the Government for purposes set out in section 118 of the Constitution. In pursuance of section 117 (I) of the Constitution, a council may set apart an area of Trust land vested in it for use and occupation: (a) by any public body or authority for public purposes; (b) for the purpose of the extraction of minerals or mineral oils; or (c) by any person or persons for purposes for the benefit of residents. The council may, with the approval of the Minister, grant a licence to any person for the purpose of: (a) the grazing of livestock; (b) the removal of timber or other forest produce from Trust land which is not included in a forest area within the meaning of the Forests Act; (c) the taking of common minerals; (d) wayleaves; or (e) the establishment of temporary labour accommodation. Implemented by: Trust Land (Removal of Common Minerals) Rules. (1969) Implemented by: Trust Land (Wayleaves for Electric Lines) Rules (L.N. 625/1963). (1963) Implemented by: Trust Land (Removal of Forest Produce) Rules. (1963) Implemented by: Trust Land (Shimba Hills) Rules. (1963) Implemented by: Trust Land (Olenguruone) Rules. (1963) Implemented by: Trust Land (Lambwe Valley) Rules. (1963) Implemented by: Trust Land (North Yatta, Yatta Plateau and Ithanga) Rules. (1963) Implemented by: Trust Land (Meru Concessional Area) Rules (L.N. 625/1963). (1963) Implemented by: Trust Land (Kaimosi) Rules. (1963) Implemented by: Trust Land (Isiolo) Rules. (1963) Implemented by: Trust Land (Sarora) Rules. (1963) Implemented by: Trust Land (Athi-Tiva) (Land Utilization) Rules. (1963) Implemented by: Trust Land (Irrigation Areas) Rules. (1963) Implemented by: Trust Land (Makueni Area) Rules. (1963) Repealed by: Community Land Act, 2016 (No. 27 of 2016). (2016-08-31)

Authors and Publishers

Publisher(s): 

Legal Name: The National Council for Law Reporting

Brand Name: Kenya Law

Organization type: A semi-autonomous state corporation

Parent Institution: The Judiciary

Parent Act: The National Council for Law Reporting Act

Mission

To Provide Universal Access to Kenya’s Public Legal Information by Monitoring and Reporting on the Development of Jurisprudence for the Promotion of the Rule of Law

Vision

Accessible Public Legal Information towards an Enlightened Society

Data provider

Share this page