Land in Kenya is classified into three major categories that include:-
- Public Land
- Private land and;
- Community land
Community land is that which vests and is held by communities identified on the basis of ethnicity, culture or similar community of interest. It consists of;
- Land lawfully registered in the name of group representatives under the provisions of any law;
- That which is lawfully transferred to a specific community by any process of law;
- Any other declared to be such by an Act of Parliament;
- That which is-
Lawfully held, managed or used by specific communities as
community forests, grazing areas or shrines;
Ancestral lands and lands traditionally occupied by hunter-
gatherer communities; or
Lawfully held as trust lands by the county governments
The above description and provisions of community land are provided for in Chapter 5 Cap 63 of the Kenyan constitution.
Subject to subsection (4) of the Community Land Bill of 2011, CLB's are to be established by the cabinet secretary in charge of The Lands Ministry.
In this Act, a Community is defined as a clearly defined group of users of land, which may, but need not be, a clan or ethnic community. These groups of users hold a set of clearly defined rights and obligations over land and land-based resources.
Functions of the CLB's are:
- To exercise control over the allocation and cancellation of customary land rights;
- To consider and decide on applications for a right of leasehold;
- To establish and maintain a register and a system of registration for recording the allocation, transfer and cancellation of customary land rights and rights of leasehold;
- To hold and manage community land on behalf of these communities
- To regulate all transactions relating to community land and to facilitate the recording and issuance of title.
- To advise the cabinet secretary, either of its own motion or at the request of the Cabinet Secretary, in connection with the making of regulations or any other matter pertaining to the objectives of the Community Land Bill Act, 2011; and
- To perform such other functions as are assigned to a board by the Act.
Members that comprise the Community Land Boards are appointed by the Cabinet Secretary and include but not limited to:-
- Community representative
- County governor
- Two women engaged in local activities of the area
- Two women with expertise in functions of a board
- Staff member from the public service that include
€ A member nominated by Cabinet Secretary in charge of local
governments;
€ A member nominated by Cabinet Secretary responsible for land
matters;
€ A member nominated by Cabinet Secretary in charge of
environmental matters
€ A member nominated by Cabinet Secretary responsible for
agriculture
- A person nominated by a council of elders of a community.
- Public Land
- Private land and;
- Community land
Community land is that which vests and is held by communities identified on the basis of ethnicity, culture or similar community of interest. It consists of;
- Land lawfully registered in the name of group representatives under the provisions of any law;
- That which is lawfully transferred to a specific community by any process of law;
- Any other declared to be such by an Act of Parliament;
- That which is-
Lawfully held, managed or used by specific communities as
community forests, grazing areas or shrines;
Ancestral lands and lands traditionally occupied by hunter-
gatherer communities; or
Lawfully held as trust lands by the county governments
The above description and provisions of community land are provided for in Chapter 5 Cap 63 of the Kenyan constitution.
Subject to subsection (4) of the Community Land Bill of 2011, CLB's are to be established by the cabinet secretary in charge of The Lands Ministry.
In this Act, a Community is defined as a clearly defined group of users of land, which may, but need not be, a clan or ethnic community. These groups of users hold a set of clearly defined rights and obligations over land and land-based resources.
Functions of the CLB's are:
- To exercise control over the allocation and cancellation of customary land rights;
- To consider and decide on applications for a right of leasehold;
- To establish and maintain a register and a system of registration for recording the allocation, transfer and cancellation of customary land rights and rights of leasehold;
- To hold and manage community land on behalf of these communities
- To regulate all transactions relating to community land and to facilitate the recording and issuance of title.
- To advise the cabinet secretary, either of its own motion or at the request of the Cabinet Secretary, in connection with the making of regulations or any other matter pertaining to the objectives of the Community Land Bill Act, 2011; and
- To perform such other functions as are assigned to a board by the Act.
Members that comprise the Community Land Boards are appointed by the Cabinet Secretary and include but not limited to:-
- Community representative
- County governor
- Two women engaged in local activities of the area
- Two women with expertise in functions of a board
- Staff member from the public service that include
€ A member nominated by Cabinet Secretary in charge of local
governments;
€ A member nominated by Cabinet Secretary responsible for land
matters;
€ A member nominated by Cabinet Secretary in charge of
environmental matters
€ A member nominated by Cabinet Secretary responsible for
agriculture
- A person nominated by a council of elders of a community.
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