Resource information
These Regulations implement provisions of the Land Act, 2012, with respect to a variety of matters including administration of public land and private land, conversion of freehold or leasehold tenure, compulsory acquisition, settlement programmes, easements and analogous rights, and evictions from unlawfully occupied public land.The National Land Commission shall keep and maintain a data base of all public land and an inventory of land based natural resources. The public agencies, statutory bodies and state bodies vested with the control, care and management of reserved land under section 16 of the Act shall carry out their mandate in accordance with the guidelines set out in the First Schedule. The institutions managing public land shall ensure that they comply with environmental management regulations as maybe prescribed by any other law. The Commission may issue Management Orders. The Commission shall conduct annual inspections to ensure that developments on public land are in accordance with the relevant development, management and land use plans. An application for consent to transfer, sublease or charge land shall be submitted to the Commission in Form LA 26 set out in the Third Schedule and shall be accompanied by a rent clearance certificate. The Commission shall within five years from the commencement of these regulations undertake the conversions of all freehold titles and leases held by non-citizens that exceed ninety nine years.Application for subdivision, amalgamation, partition and reparcellation of freehold land or leasehold shall be submitted to the county government and shall be processed and approved in accordance with the laws relating to physical planning and shall be determined in accordance with these Regulations. Where the leasehold land is for agricultural purposes, consent shall be obtained in accordance with the Land Control Act.Pursuant to section 107(2) of the Act, an acquiring body shall apply, in writing, to the Commission for compulsory acquisition of land. Acquisition shall be carried out in accordance with procedures set out in these Regulations. The acquiring body shall deposit with the Commission the compensation funds in addition to survey fees, registration fees and any other incidental costs. Compensation for acquired land shall be paid by the Commission.Where the national or county government has identified public land for establishment of a settlement scheme, they shall request the Commission to reserve the land to the Land Settlement Fund Board of Trustees for implementation of a settlement scheme in accordance with section 134 of the Act. Where the public land is not available, the Board may purchase or acquire land for establishment of a settlement scheme. The sub-county selection committee shall identify the intended beneficiaries from among members of the targeted groups (squatters, poor and landless or displaced persons). The Board may undertake verification exercises within settlement schemes to confirm compliance with the terms and conditions of allocation. The Board may, if circumstances so permit, provide funding from the Land Settlement Fund for(a) the provision of basic infrastructure and services in settlement schemes; and (b) any other purpose that would enhance development and promote settlement programmes. The Fund shall be managed by the Board.
Implements: Land Act, 2012 (No. 6 of 2012). (2012-04-27)
