Definition Of Community Land In Kenya

Article 63 of kenya s constitution lays out the types of land registration available in the country including private public and community lands.

Definition of community land in kenya. E l pet 9 of 2013. In his view the self help group can bring an action. Private and community land and contracts. He also averred that the definition of persons under article 260 covers associations and bodies whether incorporated or unincorporated.

Community land is defined pursuant to article 63 of the constitution and includes land. Under article 63 community land shall vest in and be held by communities identified on the basis of ethnicity culture or similar community of interest. The constitution of kenya 2010. B land held by any person under leasehold tenure.

A community land trust clt is a nonprofit corporation that holds land on behalf of a placed based community while serving as the long term steward for affordable housing community gardens civic buildings commercial spaces and other community assets on behalf of a community clts balance the needs of individuals who want security of tenure in occupying and using land and housing. Land adjudication is the process of final and authoritative determination of the existing rights and claims of people to land. Landholding by non citizens. Private land consists of a registered land held by any person under any freehold tenure.

The concept of ownership and the acquisition rights of land in kenya. The constitution of kenya acknowledges the existence of community land however as of now the unregistered community land is held in trust by the county governments on behalf of communities. In the environment and land court of kenya at eldoret. Community lands include those lawfully held in the name of group representatives lands lawfully transferred to a specific community and any other land declared to be community land by any act.

However kenya in 2016 achieved a significant milestone in relation to implementation of its progressive 2010 constitution passage of the community land act which operationalizes article 63. The national land commission is responsible for administration of public land.