Community Land Act, 2016 (No. 27 of 2016). | Land Portal | Securing Land Rights Through Open Data

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Date of publication: 
August 2016
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ISBN / Resource ID: 
LEX-FAOC160984
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This Act makes provision for the recognition, protection and registration of community land rights and also provides for conversion of community land, special rights and entitlements with respect to community land, environment and natural resources management of community land and settlement of disputes relating to community land. In the performance of the functions and exercise of powers under this Act, every person dealing with community land shall be guided principles and values set out in the Constitution.Community land includes- (a) land declared as such under Article 63(2) of the Constitution; (b) land converted into community land under any law. Community land in Kenya shall vest in the Community and may be held under any of the following tenure systems - (a) customary; (b) freehold; (c) leasehold; and (d) such other tenure system recognized under this Act or other written law. County governments shall hold in trust all unregistered community land on behalf of the communities for which it is held. The Act states that 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. Community land may be compulsorily acquired by the State only in accordance with the law and for a public purpose.A community claiming an interest in or right over community land shall be registered by the community land registrar. A community land management committee (elected for each registered community), shall come up with a comprehensive register of communal interest holders. For each registration unit, there shall be a community land register in accordance with the Land Registration Act, 2012. A registered community may reserve special purpose areas including areas for- (a) farming; (b) settlement; (c) community conservation; (d) cultural and heritage sites; (e) urban development; or (0 any other purposes as may be determined by the community, respective county government or national government for the promotion or upgrading of public interest. the Act also concerns recognition of customary occupancy of community land, land use classes (including farming), administration of community lands, conversion of community land to public land or private land and viceversa, rights of grazing and reservation special purpose areas by a registered community, decisions on investment in community land benefit sharing. Management of community land shall be subject to national and county government laws and policies relating to forestry, fisheries, wildlife, environment, mining, etc. All persons shall have the right to equal treatment in all dealings in community land.

Implemented by: Community Land Regulations (LN No. 279 of 2018). (2017-11-13)
Repeals: Land (Group Representatives) Act (Cap. 287). (1968-06-28)
Repeals: Trust Land Act (Cap. 288). (1974)

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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

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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

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Accessible Public Legal Information towards an Enlightened Society

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