Kenya Gazette Supplement No 147 - as Plain Text by MWakili

ISSTIE SPECIAL Kerrya Gazette Supplemcnt No.

147 (Senate Bills No.38).



3-Purposes of the Act.

4-Guiding principles.


RIGIITS 5-Regulation of community land.

6-Acquisition of community land.

7 -Appointment of Officers.


8-Ownership and tenure system.

lO-Categories of Community land.

II -Determination of Communal Land.

lz-Confirmation of validify of customary rights of occupancy I3 - Adjudication of, community land.

14 - Procedure for adjudication.

15 -Registration of community land.

, l6-Register of community land.


Community land management committees I 18- Basic requirements of a Committee.

iII \ The Community Land Bill,2014 9-Composition of Community land -.management t committees.

0 - Incorporation of Committees.

l-Election of members of the Committe 2-Functions and powers.

4-Powers of the Committee 4-Removal of members.

5-Vacation of office.

i-tu*r "t;;.r ?-Meetings of the Committee.

8-Terms of office.

Community Land Boards 9-Establishment of Community Land Boards.

0-Functions of the Boards.

-Powers of the Boards.

-Operation of the |p,*ar.

-County governments to hold umegistered land in tnrst -Community Land Appeals Boards.

PART TV-NATU.JRE OF COMMT'MTY LAIYD .i TITLE Effect of Registration of Comrnunity land -lI -Interest conferred by registration.

Z-Rights of a community as proprietors.

-Certificate of title to be conclusive evidence of proprietorship.

-:- Overriding interests.' -Land use and dwelopment planning of community lands.

':1 -Conservation -d.

-*"g"ment of resourcs in community land.

PART V-COITVERSION OF LAIYD -Certificate of tith to be conclusive evidence of proprietorship.


i1Il The Comrnunity l"and Bill,2014 64 38 - Overriding interests.

39-Land use and development planning of community lands.

40-Conservation and management of resources in community land.


YI SPECJIAL ENTITLEMENTS tr{ TIIE COMMI,]NITY LAI{D 41-Conversion of community land generally.

42-Conversion of community land to public land.

43-Conversion of community land to private land.

44-Conversion of public land to community land.

45-Conversion of private land to comrnunityland.

46-Setting aside community land for pubtic purposes.

P'AnT VII-EIYVmOrtnmnT ANI)'NAf[ RAL RESOURCES MANAGEMBNT Iand Use Planning and Investnunts in Comniunity l-and 47-Individual rights on community land.

48-Grazing rights.

49-Designation of other land use rights in community land.

50 - Non-discriminatiar.

5I -Transactions in cunnrunity land.

52 - Leasesover community land.

S3-Cancelfation of rights of leasehold.

S4-Existiqg rights to use and occupy community land.

55 - Surveyof community land.

P-'ART V[I*SEnTrL,EIlfiEIrtfP OF Df,SPt TES REIrA.Etr\tG TO C0frffirftlNmY LHID 56-Comnnrnity.

land uae planning 57-Conterlt of agreements relating to investments.

58-Benefit sharing.


The Community l-and Bill, 20 14 PART IX-SETTLEMENT OF DISPUTES RELATING TO COMMT]IUTY LAIYD i0-Dispute resolution mechanisms.




PART X-GEI\ERAL i4-Unlawful occupation of community land.

i5-Restitution of illegally acquired Gmmunity land.

i6-General penalty.


i8 - Saving and transitional provisions.

ie-Croup representatives, land-buying companies etc.


'1-Conflict of laws.

SCHEDTJLES ,irst Schedule-Matters to be provided for in the Constitution of every committee.

I1 iecond Schedule-Conduct of business and Affairs of the I committees.

hird Schedule-Parcels of land converted from public to community land.

fourth Schedule - Transitional Provisions.

T The Community Land Bill, 20 I4 ilg THE COMMUNITY LAttD BrLL,20t4 A BilI for AI\t ACT of Parliament to give effect to Article 63(5) of the Constltution; to provide for the recognition, protection, management and administration of community land; to establish and define the functions and powers of Community Land Boards and management committees; to provide for the powers of county governments in relation to unregistered community land; and for connected purposes ENACTED by the Parliament of Kenya, as follows- PART I-PRELIIUINARY 1.

Tliis Act may be cited as the Community Land Shorttidc Act,ZOl4.


In thiS ACt- Inrcrprclation "Board" means a Community Land Board established under section 27; "Cabinet Secretary" mean$ the Cabinet Secretary for I the time being responsible for matters relating to land; I "committe" means a community land management t committee established under section 15; - I "community" mans a homogenous and consciously distinct group of users of community land who share any of i the following attributes- t (a) common ancestry; (b) similar culture or unique mode of livelihood; (c) ethnic language; I (d) socio-economic interest; I (e) geographical space; (0 ecological space; or I (g) community of interests.

t "community area" means the area comprising the community land inhabited by the members of that I community; tt \ \ The Community l^and Bill,2014 "communit5l land" means the land referred to in Article 63(2) of the Constitution; "community of interests" means the possession or enjoyment of common rights, privileges or interests and living in the same place or having some apparent association; "Commission" means the National Land Commission esthblished under Article 67 of the Constitution; "Court" means the Environment and Land Court AdNo.reor2', established under the Environment and Land Court Act; "customary land rights" refer to rights conferred by or derived from African customary law, customs or practices provided that the rights are not inconsistent with the Constitution or any written law; "farming area" means a portion of land allocated for farming purposes and conforming to the size prescribed under any law for such purpose; "fragile ecosystem" means an ecosystem hosting threatened biodiversity ;.

"natural resources" includes water, soil, stone, gravel, clay, wildlife, forests, fisheries but does not include minerals and mineral oil as defined in the Mining Act; cap306 "Registrar" means the Chief Land Registrar appointed under seCtion 12 of the Land Registration Act; and - No'3or20r2 "spouse" means husband or wife.

The purposes of this Act are to provide for the- PurposesortheAct' (a) recognition, protection and registration 'of community landrights; (b) vesting in and holding of community land by communities identified on the basis of ethnicity, culture or similar community of interests; (c) management, utilization and administration of corlmunity land; and (d) holding of unregistered community land in trust by county governments.


In the performance of the functions and exercis" Guidingprinciples of powers under this Act, every person dealing with t .l ,tI The Community l,and Bill,2014 651 community land shall - (a) be guided by the principles of land policy set out under Article 60 of the Constitution; (b) be guided by the national values and principles of governance set out under Article 10 of the Constitution; (c) vest community land to the communities; (d) afford equal status and recognition of title to community land with any other title; (e) empower members of the community to determine the management and administration of their land; and (f) afford equal rights to all members of the community.


The State may regulate the use of comrhuniff land Regulation of in the interest of public order, public morality, public community land.

health or land use planning pursuant to Article 66 of the Constitution.


The State may acquire community land for public Acquisition of purpose or in the public interest but subject to Article 40 community land.

(3) of the Constitution.


(1) There shall be such officers as may be Appoinftient of t necessary for the effective discharge of the functions under ofEcers.

I this Act.

II (2) The officers referred to under sub section (1) shall be recruited competitively by the Public Service t Commission.


(1) Community land in Kenya shall be owned by Ownership and t the communities and its usage shall be regulated in tenure system.

I accordance with the Constitution, this Act and any other i relevant law.

(2) Community land may be held under any of the following tenure systems- (a) customary; (b) freehold; I \ The Community Innd Bill,2014 (c) leasehold; and (d) any other tenure system recognized by law.

(3) No right on community land may be expropriated or confiscated except by law in the public interest and in consideration of payment of just compensation to the person or persons.

(4) A person or group of persons holding a customary land right before the commencement of this Act shall continue holding such right subject to this Act.

(5) Customary land shall be recognized, demarcated and registered in accordance with this Act or any other law.

(6) Customary land rights including those hetd in corlmon shall have same effect in law with freehold or leaseholci rights acquired through allocation, registration or transaction.

E: (1) Every community with an interest in community ::"*i:ii1$.

-l land shall- (a) within two years from the date of commencement' I of this Act, identify the extent of the land; (b) establish a conimittee to- (i) facilitate the registration of the community land, and (il) ryranage the land in accordance with this Act.

(2) Wh'ere a community claiming or occupying land identifies the extent and the boundaries of its land and no dispute is raiCed over the b5undaries by any person whose land borders'or is contiguous to the land so identified, the Registrar may issue a certificate of title to the community before adjuflic{ion of the land.


(1) Community land may comprise- $f,flffi'o"Lo (a) conrgrunal land; (b) indinidual, family or clan land; (c) reserve land; or (d) any other category of land approved by the commiffee.

(2) Communal land shall comprise land occupied and 653 The Community l,and Bill,2014 used or available for occupation and use on a community or public basis by a corlmumty and any other persons who are, with the consent of the committee,living and working in the community whether those persons are using community land under a derivative right or not and such land shall not be made available for individual occupation or use.

(3) Reserve land shall comprise land which may be made available for cornmunal or individual occupation and use through allocation by the committee.


(1) A customary right of occupancy on any C,onfrrmation of validity of community land subsisting before the commencement of customary rights of this Act is a valid and recognisable right of occupancy occuPancy.

upon commencement of this Act.

(2) Acustomqry right of occupancy is in every respect equal in status and effect to a granted right of occupancy and is, subject to this Act ,- (a) capable of being allocated by a committee to an t- individual citizen, family, group of persons, clan, i an association, partnership or body corporate I wholly owned by one or more citizens; (b) be in communal or reserve land; (c) capable of being of indefinite duration; (d) governed by customary law in respect of any t dealings; I (e) t inheritable and transmissible by will; and I (0 liable to prompt payment of just compensation upon acquisition by the State for public purposes.

I (3) A person, a family unit or a group of persons i recognized as such under any customary law or who have formed themselves together as an association, co-operative society or any other body recognized by law, who are members of a community may apply to the committee for customary right of occupancy.

(a) The committee shall in determining the application have regard to- (a) decisions reached by the adjudication teart or any subcommittee established for that purpose; \ The Community l-and 8il1,2014 (b) guidance from the Community Land Board; and (c) equality of all persons including- (i) equal treatment of applications from women and men; and (ii) non-discrimination of any woman who applies for customary right of occupancy including divorced women.

(5) The committee shall issue a certificqte of customary right of occupancy in the prescribed form.

, (6) The committee may require payment of an annual rent from any category of occupiers.


(l) Pursuant to Article 67 (2) (c) and subject to Adjudication of section 14, the Commission shall develop and, gazette a community land.

comprehensive prograrnme for the registration of community land throughout Kenya.

(2) The progriunme referred to under subsection (1) shall- (a) provide for measures to document existing forms l of communal tenure and map the boundaries of such land; and i (b) develop an inventory of all community land in I Kenya.


(l)The Commission shall ensure that the process Procedurc for of documenting, mapping and developing an inventory of adjudication.

community land is transparent, equitable, cost effective and participatory.

(2) The Commission shall- (a) issue a public notice of at least thirty days, declaring the area of land to be classified as community land; (b) ensure actual involvement and engagement of the community by creating awareness of the process and taking an inventory of their land and resource rights; (c) undertake the actual physical demarcation of the land and delineation of boundaries by involving the people; The Community Land Bill,2014 655 (d) ensure that all relevant documents are reviewed and agreed upon by the community and the relevant government agencies; and (e) oversee the fonnation of community land management committees; and (f) ensure that certificate of title to the community land is conferred to the community land management committee.

(3) The documentation, mapping and registration No.3 of 2012 process contemplated in this section shall be- (a) undertaken through the registration units constituted under the Land Registration Act; and (b) concluded within such, time as the Commission may determine.


i (4) A community may apply to the commission to have the whole or part of its land registered in accordance with this section.

t' (5) The Commission may make rules for the conduct of the adjudication exercise including- i (a) the manner of ascertaining,.verifying, determining and marking of boundaries; (b) involving adjacent land owners and calling of ' witnesses and certifying the boundaries; (c) preparing of sketches for the land; (d) reconciling parties in case of conflicts; (e) disposing of appeals; (f) preparation of final adjudication records; (g) approval ofrecords; and (h) registration.


(1) Upon adjudication, the title relating to Registration of community land shall be endorsed by the Registrar"in the community land.

prescribed form.

of- (2) Community land may be registered in the name (a) a cornmurity; 656 The Community',Land Bill, 20 I4 (b) a clan or family in accordance with the customary practices applicable; (c) a community association in accordance with the document constituting the association; or (d) a naditional leader in ffust for the community with the consent of the members of the community.


(l) There shall be maintained for each registration Rogistcr of upit, a community land register in which shall be kept- community latd.

(a) a cadastral map showing the extent of the community land and identified areas of corlmon interest; (b) the name and the constitution of the community; (c) a record of the land use for which tHe Una is used; (d) such particulars of members of the Committee as the Conrrrission may determine; (e) an estimate of the size of the community as at the time of registration; and (0 any other requirement under this Act.

(2) The Registrar shall issue a certificate of title in the prescritred form.

(3) The Registrar shall not register any ins-trument purporting to dispose of rights or interest in community land except in accordance with this Act or any other written law.

(4) For the avoidance of doubt, until any parcel of community land has been registered in accordance with this Act, such land shall remain unregistered community land and shall be held in trust by the county government on behalf of communities pursuant to Article 63(3) of the Constitution.

(5) The Commission may in uriting delegate any of its functions under this Act to a county government.

PAR,T II-ADMINISIRATION AI\D MANAGEMENT OF COMMTINITY LAIYD ornmunity geme C land mana nt orntnitt eesc 15.

(l) There is established a community land Establishmcnt of Community lrnd management committee in respect of every parcel of inrnSgrnont The Community l-and BiU,2014 657 community land.


(2) Before registration of any parcel of community land, the Commission shall facilitate the formation of a community land management committee.


(1) Every committee shall- ]#::Xfififj* (a) be registered in accordance with this Act or other law; (b)'adopt a constitution and basic rules acceptable by the community in the form and substance and containing at least the requirernents set out in the First Schedule; (c) be representative of -all levels of the community so far as it is appropriate to do so having regard to th* geographical and ethhic distribution of the members of the community; (d) hold regular and democratic elections; (e) uphold transparency and allow participation of the co'mmunity in its decision making processes; (f) identify on a provisionirl basis, the boundaries of ' the community land for which it is appointed; (g) establish a dispute resolution mechanism; and (h) keep proper books of accounts.

(2) A committee shall not act contrary to the community's constitution, rules or bye-laws made in accordance with this Act.


(1) Every committee shall consist of- HHf,'i6,$iS, (a) two memberso aged thirty five years and above, lHffiHl: , representing the community elders; (b) two women representatives; (c) two members, being one man and one woman, representing the youth; (d) one person representing special interests in the community; and (e) two persons representing the different ethnic, cultural or other community of interest within the I community I \ The Community Land Bill, 20 I4 (2) There shall be a chairperson of the Committee who shall be elected by the members in their flrst meeting from among themselves.

(3) The membership of the Committee shall observe the principle that not more than two-ttrirds of its members shall be of one gender.

(4) Members of the Committee must be drawn from persons ordinarily residing on the community land.


Upon registration of a Commiftee by the Registrar, Incorporation of a Committee shall become a body corporate with perpetual Commifiees.

succession and a common seal and shall be capable in its corporate name of- (a) suing and being sued; (b) taking, purchasing or otherwise acquiring, holding, charging and or disposing of movable and immovable property; (c) entering into confract; (d) borrowing and lending money; and (e) performing all bther acts necessary for the proper ,i performance of its functions under this Act, which may lawfully be done or performed by a body corporate.

I 19.

(1) Whenever a Committee is to be elected, the Election of members Commission shall- of the Committee.

(a) publish a notice of the election date in a newspaper with national circulation; and (b) post a copy in a conspicuous place in the , rgistration unit, at least thirty days before the election date.

(2) The election of Committee members shall be in accordance wiih regulations prescribed by the Commission.

(3) The regulations shall provide for- (a) regular and democratic elections; (b) recognition of the right of every membpr of the The Community land Bill,2014 659 community to vote and to stand for election; (c) elections shall be representative and involve participation of all community members including ' minorities and rirarginahzed groups; and (d) any other matter that the Commission considers necessary for purposes' of ensuring fair ' representation of the community.


(1) The Community land management committees Functions and shall, subject to this Act- poweni.

(a) manage and administer community iand on behalf of the community: (b)'facilitate the recording and issuance of title for the community land by the Commission; 'of (c) facilitate land use planning and provision infrastructure by the govemment; and (d) promote co-operation and participation among community members 'in dealing with matters pertaining to the land; and (e) perform such other functions as are assigned by this Act.

(2) A decision by a Copmittee which has an effect of disposing of community land or a right in community land to any person shall not have effect until ratified by a resolution of the members of the community in a meeting convened for that purpose.


(1) Every committee shall have all the powers Powers ofthe necessary for the execution of its functions.under this Act.


(2) Without prejudice to the generality of the foregoing, a committee shall have the power to- (a) exercise control over and regulate dealings in communityland; (b) determine the criteria of acquiring membership of the community; (c) determine the Iand use of the community land; (d) subject to thb ratification of the members or the Board, approve agreements, transactions and negotiations relating to the community land; The Community Land Bill,2014 (e) allocate land rights; (0 establish and maintain records of any transactions and dealings in the land; (g) assist in the resolution ofland disputes; and (h) generally safeguard the interests of the community and its members in dealings with the land: 22.

(l) A member of the committee may be removed l:}ilfl* for- (a) violation of the constitution or rules of the community; (b) gross misconduct, whether in the performance of - the member's functions or otherwise; (c) physical or mental incapacity to perform the functions of office; or (d) incompetence or neglect of duty.

(2) The Board may, on the recommendation of the committee, terminate the appointment of a member of the- I committee on any of the grounds specified under l subsection (1).

I 23.

Aperson ceases to be a member of a committee if vacationoroffice' that person- (a) resigns in writing to the Commission; (b) is convicted of a criminal offence and sentenced to a term of imprisonment of not less than'six.

months; (c) is declared bankrupt; (d) is unable to perform the functions'of the office by reason of mental or physical infirmity; or (e) dies.


Where a vacancy occurs in the membership of the Fillingorvacmcv Committee under section 23,the Commissiori shall, cause an election of a new member in accordance with this Act.


(1) ihe business and affairs of the Committee and ffiHfl::"" annual general meetings of the community members shall be conducted in accordance with the Second Schedule.

(2) Subject to subsection (l), the Committee may The Community Lond Bill,2014 661 regulate its own procedure.

(3) The Committee may invite any person to attend any of its meetings and to participate in its deliberations, but such person shall not have a vote in any decision of the Committee 26.

(l) The chairperson and every member of the Term ofoffice.

Committee shall hold office for a term of three years and is eligible for re-election for one further term.

(2) The chairperson or a member of the Committee may resign from office by written notice to the Commission.


(1) There is established a Community Land Board Establishment of Community Land in respect of every sub-county Boards.

(2) A Board shall consist of seven members who shall be nominated by the community lind management committees within the sub county and appointed by the Commission.

(3) For purposes of subsection (2) every committee shall nominate such number of persons as the Commission may from time to time determine.

(4) The membership of the Bo.ard shall observe the principle that not.

more than two-thirds of the members shall be of either gender.

(5) ThE Board shall elect a chairperson from among themselves during their first meeting.


(1)The Boards shall, subject to this Act- Functions ofthe Boards, (a) oversee the management aqd administrative functions over corlmunity land by the committees; (b) supervise and regulate the committees in all their dealings with community land; (c) continuously monitor and evaluate cornpliance by the committees with the provisions of this Act and an/ other law; (d) facilitate.the committees in the discharge of their functions; (e) promote the participation of cornmunity members in the decision making of the committees; and I \ I The Community l^and Bill,2014 (f) perform such other functions as are assigned by this Act or any other written law.


ABoard shall have power to- Powers ofthe Boards.

(a) ovemrle a decision of a committee if the Board is satisfied that the committee acted in bad faith; (b) reconimend to the Commission the removal from office of any member of the committee; and (c) make rules of conduct and procedure for the committees.


The provisions of Part II of this Act relating to Operation ofthe the vacation of office, filling of vacancies, meetings and Boards.

term of office relating to the committees shall apply with necessary modifications to the Boards.


(l) All unregistered community land shall be County govemmnts to hold unregisrcred held in trust by the county governments on behalf of the lmd in trust I communities for which it is held.

(2) Any transaction in relation to umegistered I community land within the coun[y shall be in accordance i with this Act and any other written law.

(3) Once an unregistered community land is I registered in accordance with this Act, the role of the 1 county govemment shall lapse and the committee registered in relation to such land shall'assume the management and administrative functions provided iri this Act.

(1) There is established in each county a Community Land 32.

Appeals Boards.

Community Lands Appeals Board.

(2) An Appeals Board shall consist of five members who shall be appointed by the Commission.

(3) The membership of the Appeals Board shall reflect the principle that not more than two-thirds of the members shall be of one gender.

(a) The Appeals Board shall elect a chairperson from among themselves during their first meeting.

(5) The Appeals Boards shall, subject to this Act hear and determine appeals from the decisions of the Boards established at the sub-county level.

The Community Land Bill,2014 663 PART TV-NATT'RE OF COMMT]MTY LAI\D TITLES ffict of Registration of Communiry Innd 33.

(1) Subject to this Act- Interst confcrned by rcgisnation.

(a) the registration of a community as the proprietor of land shall vest in that community the absolute ownership.of that land; and (b) the registration of a community or a person as the proprietor of a lease shall vest in that community or persbn the leasehold interest described in the {ease, subject to all implied or expressed agreements, liabilities or incidents of the lease.

(2) The Committee, in consultation with the members of the corritnunity, shrill determine whether the members of the community shall hold the land as joint tenants or as tenants in common.


(1) The rights of a proprietor, whother acquired Rights of a for valuable community as on first registration or subsequently Foprietor.

consideration or by a court order-r;annot be defeated except as provided in this Act, and shalt be held on behalf of the community but subject- (a) to the leases, charges and other encumbrances and to the conditions and restrictions, if any, shown in the register; and O) to such liabilities, rights and interests as affect the - same and are declared under section 36 not to require noting on the register, unless the contrary is expressed in the register.

(2) Nothing in this section shall be taken to relieve a Committee from any duty or obligation to which the Committee is subject to as a trustee.


(l) The'certificate of title issued by the Registrar Certificate of title to be conclusive upon registration, or to a purchaser of community land evidence of upon a transfer or transmission by the proprietor shall be proprietonhip.

taken by all courts as prima facie evidence that the person named as proprietor of the land is the owner, subject to the encumbrances, easements, restrictions and conditions contained or endorsed in the certificate, and the title of that I proprietor is not subject to challenge, except- The Community l-and Bill,2014 (a) on grounds qf fraud or misrepresentation to which the person is proved to be a party; or (b) where the cprtificate of title has been acquired illegally, unprocedurally or 'through a corrxpt scheme.

(2) A certified copy of any registered instrument, signed by the Registrar and sealed with the Seal of the Regisffar, shall be received in evidence in the same manner as the original.


Unless the contrary is expressed in the register, all overridins intrests' registered community land is subject to the following overriding interests as may for the time being subsist and affecl the same, without their being noted on the register- (a) spousal rights over matrimonial property; (b) trusts including customary trusts ; (c) rights of way, rights of water and profits subsisting at the time of first registration under this Act; (d) natural rights of light, air, water and support; I (e) rights of compulsory acquisition, resumption, q entry, search and user conferred by any other ) written law; (f) leases olagreements for leases for a term not exceeding two years, periodic terrancies and I indeterminate tenancies l ; (g) I charges for unpaid rates and other funds which,.

without reference to registration under this Act, ( are expressly declared by any written law to be.a charge'upon land; (h) rights acquired or in process of being acquired by virtue of any written law relating to the limitation of actions or by prescription; (i) electric supply lines, telephone and telegraph lines or poles, pipelines, aqueducts, canals, weirs and dams erected, constructed or laid in O pursuance or by virtue of any power conferred by any written law; and (k) any other rights provided under any written law.

The Community l,and Bill,2014 665 37.

(l) A Committee may, on its own motion or at the Land use and development request of the Commission, submit to the Commission for planning of approval a plan for the development, management and use community lands.

of the community land vested in the management of the Committee (2) Before submitting a plan to the Commission under subsection (1) a Committep shall- (a) consider any socio-economic aspects relevant to the development, management or use of the public land in its managed reserve for the purpose of that manaled reserve; and : (b) incorporate in the plan a statement that it has considered those issues in drawing up the plan; (c) an environment impact plan pursuant to gxisting laws on environment; (d) comply with the values and principles of the Constitution.

(3) If a Committee submits a plan to the Commission under subsection (1) and the Commission approves that plan and notifies the Committee of that fact, the Committee may develop, manage and use the land concerned in accordance with the plan as approved or subsequently varied as the case may be.

(4) The Commission shall, in considering a plan submitted to it under this section comply with the relevant law relating to development planning 38.

(1) The Commission may make rules and Conservation md granagement of regulations for the sustainable conservation of land based resources in natural resources within community land.

cqmmunity lmd.

(2) Without limiting what the Commission may prescribe under subsection (1), the rules and regulations may prescribe the- (a) measures to protect critical ecosystems and habitats including wetlands and community forests; (b) incentives for communities and individuals to ' invest in income generating natural resource conservation prograrnmes ; It, The Community lnnd Bill,2014 (c) measures to facilitate the access, use and co- management of forests, water and other resources by cJmmunities who have customary rights to these recourses; (d) procedures for the registration of natural resources in an appropriate register; and (e) procedures on the involvement of stakeholders in ,\ - the management and utilization of land-based natural resources.


(1) Subject to the Constitution and this Act, conversionor.

community land may be converted to either private or frffit:'-o public land.

(2) The Community land register shall, in addition to No3or2012 the particulars set out undeisection 8 (1) of the Land Registration Act contain the particulars of all conversions involving community land.

(3) Before conversion of community land into any other category of land a general meeting of the community must grant approval for such conversion 40.

(1) Community land may be converted to public fffLlfiiil.

land by- public land (a) compulsory acquisition; (b) transfer; or (c) surrender.


Community land shall be compulsorily acquired only if it is for a public purpose or public interest subject to No'6or20r2 pror^^r.,i pry-.nt in full'of jusi compensation ib the CofiIfirUnrt].

(3) Transfer of community land shall, subject to the approval of the members of the community in a general meeting, be done in accordance with the Land Act.


(1) Community land may be converted to conversionor community land to private land by- - privateland.

(a) transfer; or / (b) allocation by the Committee or a county government.

The Colnmunity Lond Bill,20t4 667 (2) Conversion of land under subsection (1) shall require approval of- (a) the County Assembly in the case of land held by the County Government; and (b) members of a community in a general meeting in the case of land managed and administered by a Committee.


0) Public land may be converted to community Conversion of public land to community land by- land.

(a) allocation by the Commission in accordance with the Land Act; No.6 of20l2 (b) legislation of the national government.

(2) For pu{poses of subsection (1) (b), the parcels of land contained in the Third Schedule are converted from public land to community land.

(3) The Commission may, by an order in the gazette identify other specific parcels to which subsection (2) applies.


Private land may be converted to community land Conversion of private land to by- community land.

(a) transfer; / (b) surrender; or (c) operation of the la-w in relation to illegally acquired community land.


(l) A community may in consultation with the Setting aside community land for Commission set aside part of the community land for public purposes.

public purposes.

(2) Where land is set aside for public purposes under subsection (1), the Commission shall gazette the parcel as public land.

(3) Where land is set aside for public purposes under subsection (1) by a county government, prompt and adequate compensation shall be made to Lhe affected community PART YI - SPECIAL RIGHTS AND ENTITLEMENTS IN THE COMMT]IUTY LAI\D 45.

(l) A Committee may allocate pa4 of the Individuarrightson The Community land Bill,2014 ' community land to a member or a group of members of the comunitv land' co[rmunity for exclusive use and occupation except that a separate title shall be issued for each parcel ofland.


(2) An individual entitlement under subsectibn (1) is not superior to community title.

(3) A member granted exclusive use of a parcel of land under this section- (a) shall pay to the Committee such premium or fees as may be determined by the Committee from time to time; (b) may develop the land subject to the provisions of any written law relating to land; (c) may nbt transfer or lease the land to a third party who is not a member of the community; and (d) shall put the land into lawful use.

(4) Any parcel of land'granted to a member for exclusive use shall revert to the commulity if- (a) the member dies without a heir; or (b) the member fails to put it into any use for a period of five years from the date of grant.


(1) Customs and practices related to land used Grazingrigfts' by pastoral communities must be taken into consideration as long as the customs and practices are not contrary to this Act or any other written law.

(2) Community land in a pastoral community shall be available for use by members of the community for the grazing of their.stock, subject to- (a) such conditions as may be prescribed by the committee; and (b) the right of the Committee to utilize any portion of the land which is required for the allocation of a , right under this Act.

(3) Notwithstanding subsection (1), the Committee may withdraw the grazingright of any member who- (a) fails to observe any imposed condition; or (b) contravenes any provision ofsubsection (4).

I4 669 Land Bill, 20 The'Community '( ) The Committee may upon application by any person who is not a member of the community, grant a grazing right to such person, either for a specified or an indefinite period, and the person shall exercise such right subject to the conditions referred to in subsection (1).

(5) The Committee may at any time withdraw a grazin9 right granted under this subsection if, due to drought or any other reasonable cause, the Committee considers that the cancellation in the interest of the residents of the tradilional community concerned.

(6) A person granted a grazingright under sub-section (4) shall pay to the Committee such premium or fees as may be determined by the Committee from tirne to time.

(7) Except with the written authority of the Committee, and ratification by the community , no person shall- (a) erect or occupy any building or other structure on the designated grazing land; (b) plough or cultivate any portion of the land; (c) take up abode on or occupy any portion of the grazing land; (d) obstruct the access to any watering place on the land, or prevent or attempt to prevent any person from drawing water from, or watering stock at, such a watering place, or pollute the water at srtch watering place or interfere with the operation ot any windmill, water-pump, water-pipe, dam or storage tank or other appultenance installed or constructed at such a watering place; or (e) carry on any activity on the land, other than the lawful grazing of stock, which may prevent or restrict the iesidents of the traditional community concerned from a reasonable exercise of their grazing rights.

(8) A person who contravenes subsection (7) commits an offence and is liable.

on conviction to a fine not exceeding one hundred thousand or imprisonment for a term not exceeding one year or to both.


(l) A committee may reserve special'purpose il:}'l[lTrf:j*' 670 The Community Land Bill,2014 areas including- community lmd, (a) farming areas; (b) settlement areas; (c) access and rights of way; or (d) any other purpose.

(2) An area designated for special purposes under subsection (l) shall not be used for unrelated non- designated purposes.


(1) Every member of the community has the Non-di*riminatim.

right to equal benefit from community land.

(2) The women, youth, persons with disabilities and marginalized groups have equal right to equal treatment in all dealings in community land.

(3) A Committee or County Government shall not directly or indirectly discriminate against any member of the community on any ground including race, gender, marital status, ethnic or social origin, colour, age, disability, religion or culture: 49.

(1) Subject to such exemptions as may be Transactions in.

prescribed, or unless any condition attaching to a community land community land right or a right of leasehold under this Act provides otherwise, a customary land right may be dealt with only with the written consent of the Committee and ratification by the members in a general meeting.

(2) For purposes of this Act, contracts over land, transfers and charges over community land shall be carried out in the same manner as transactions over private land as provided for in the Land Act and registered as provided for No.

6 of 2012 in the Land Registration Act.

No.3 of20l2 (3) No part of community land may be transferred to a non-citizen.


(1) A lease over community land shall be on the IJres over basis of an agreement between the community and the community land.

lessee and subject to such conditions as may be contained in the lease agreement.

(2) Despite section 55 (1) of the Land Act, unless the No.6 of2012 agreement contemplated under subsection (1) otherwise provides, the general provisions on leases contained in Part The Community Land Bill,2014 67t IV of that Act apply toleases over cornmunity tand.


In addition to the grounds for cancellation set out ,Hfll?"'#I",.

in a deed of leasehold, a right of leasehold may be cancelled by a Committee.

if the'leaseholder fails to comply with the requirements or to adhere to any restrictions imposed by law.


Any p?rson who- immediately before the il'*1r.:*lr' -commencement of this Act, held a right, not being right communitvtmd, under customary law, to use and occupy any community land, whether by virtue of any authority granted under any law or otherwise, may continue to use and occupy such iand under that right, subject to the same terms and conditions until- (a) such right is recognized and registered in ' accordance with this Act; or (b) a right of leasehold is granted to such person in respect of the land.


(1) A community may, subject to subsection (2), survevor cause any ilea of community land to be surveyed and a communitvland' plan to be prepared in respect ofthe surveyed area.

(2) The survey of any area of land and preparation of a area.

(3) Where the area to be surveyed comprises individual portions of land occupied or used by persons under a customary land right or a right of leasehold granted under this Act, a Commiuee may, cause such adjustments to be effected to the layout of such individual pieces of land, as may be necessary': PART VII-EIWIRONMENT AND NATTJRAL RESOTJRCES MANAGEMENT l-and Use Planning and Investments in Community Innd 54.

( I ) Pursuant to Article 66 of the Constitution , the communitv land use State shall have the power to regulate the use of any land, pranning' or interest in or right over land, in the interest of defence, public safety, public order, public morality, public health or land use planning.

(2) Where any investment is to be put up in a community land, it shall be on the basis of an agreement 672 The Community Innd Bill,2014 drawn in accordance with section 56.


An agreement relating to investment in .":::::1.,.

community land shall provide f;;-" ':- ffffTJ#;l"*' (a) requirement for an environmental, social, cultural and economic impact assessment and measures to mitigate any negative effects; (b) continuous monitoring ung evaluation.

of the impact of the investment to the community; (c) payment of royalties to the community based on tlre income generated from the investment; (d) requirement for the investor to build capacity and transfer technology to the community; and (e) any other matter necessary for prirposes of - determining how local communities benefit from investments in their land.



Based on the particulars contained in section 55, Benentshring every investor in a community land shall spend not less than thirty per cent of the net income for- (a) the provision of services to the community; (b) laying infrastructure .- in the community; (c) education and capacity building; or (d) payment of royalties.

' 57.

A community may adopt bye-laws for regulating Bve-raws the management and administration of their land and such bye-laws may provide for- (a) regulation of investments on the land; 1o) aetermination of terms of any leases granted for purposes of investment; (c) conservation and rehabilitation of the land; (e) any other lawful matter.


(l) A Committee shall set up dispute resolution flgffiiffi:"- mechanisms in accordance with.

a community's ' The Community Land Bill,2014 673 constitution for resolving disputes between memhrs and the Committee.

(2) In resolving disputes relating to community land, priority shall be given to- (a) alternative dispute resolution processes; and O) traditional dispute resolution mechanisms, in so far as the traditional dispute resolution mechanisms are not contrary to principles of natural justice or any written law.

(3) Customary law and practice of the locality shall apply to resolve drsputes related to community land.


(1) Where a dispute relating to a community land Mediation' (rccurs, the parties may agree to use mediation to resolve the dispute (2) A mediator shall be designated upon request by the parties from among members of the community.

(3) The mediation shall take place in a private or in informal setting where the parties participate in the negotiation and design of the format of the settlemeht agreement.

(a) The mediator snat- (a) convene meetings for hearing of disputes from parties and keep record of the minutes; (b) establish ground rules for the conduct of parties; (c) sEucture and manage the negotiation process and help clarify facts and issues; and (d) help the parties to generate options to resolve their dispute.


(1) Parties to a dispute may apply for arbitration Arbitretion' to the Committee or the Board as the case may be.

(2) The fubitration Act shall apply in respect of the No.4orree' arbitration process.


Any prgon aggrieved by a decision of a Appcars' Commiuee may fint appeal to the area's Sub-County Board and then to the County Appeals Board.

674 The Community Lond Bill,2014 PART IX-GENER,AL PROVISIONS 62.

(l) A person may not occupy or use for any Unlawfirl occupation purpose any coflrmunity land other than under a right of community land.

acquired in accordance with the provisions of this Act.

(2) A person who contravenes this section commits an offence.


Pursuant to Article 67 (2) (e) of the Constitution, Restitution of illegally acquired the Commission shall investigate historical community community land land injustices and recoulmend appropriate redress.


Where a person commits an offence under this General penalty.

Act where no penalty has been provided, the person is liable upon conviction to imprisonment for a term not exceeding three years or to a fine not exceeding five hundred thousand shillings or to both.


The Land Consolidation Act, the Adjudication Repeal ofCaps, (Cap 283), (Cap Act, the Land (Group Representatives) Act and the Trust 288), (Cap 287) and Lands Act, are repealed.

(Cap284) 66.

(1) Unless contrary to this Act, any right, Saving and transitional interest, title, power, or obligation acquired, accrued, provisioirs.

established, coming into force or exercisable before the commencement of this Act shall, subject to this Act, continue to be governed by the law applicable to it immediately prior to the corlmencement of this Act.

(2) Unless the contrary is provided in this Act or the circumstances are such that the contrary must be presumed, if any step has been taken to create, acquire, assign, transfer, or otherwise execute a disposition, any such rransaction shall be continued in accordance with the law apolicable to it immediately prior to the commencement of this ,'^L:1.

(3) Any instrument executed before the commencement of this Act whereby any disposition permitted under this Act is completed may be presented for registration in the prescribed register and- (a) the question whether any instrument so presented is to be registered shall be determined by the Registrar by reference to the law in force at the time of its execution; and (b) Subject to the provisions of paragraph (a), the The Community Lund Bill,2014 675.

provisions of this Act shall apply to that instrument as if it had been executed after the coilrmencement of this Act.

(4) If a lessor or chargor had initiated any steps to forfeit a lease or to foreclose a charge, as the case may be, before the commencement of this Act, a court may on the application of the lessee or the chargee issue an injunction to the lessor or, to the chargor to stop the continuation of any such step.

(5) If a court had issued an injunction under subsection (4), the lessor or chargor to whom the injunction has beqr issued may coflrmence any action under this Act to terminate that lease or bring that charge to an end.

67 , (l) All group representatives incorporated under 3;J$."*., section 7 of the Land (Group Representatives) Act, for rand-buving purposes of holding land on ietrair of members of any companiesetc' group shall within two years from the date of cap287 coilrmencement be reconstituted into committees and re- registered in accordance with the provisions of this Act.


(2) No land held by a group representative refbrred to under'subsection (l) shilt be sold,ieased or converted to private land until it has first been registered under this Act.


(3) Title documents issued to group representativeq under the Land (Group Representatives) Act, shall continue to be in force until new titles are issued in the names of the respective communities or other institutions in accordar^e with this Act.

(4) The transitional provisions set out in the Second Schedule shall apply upon commencement of this Act.

(5) This section shall apply with necessary modifications to any institution holding community land on behalf of other persons including- (a) land-buying companies, co-operative societies and associations; (b) unincorporated rangeland management bodies; and (c) any institution, or group holding community land on behalf of any group of persons.

(6) The Fourth Schedule shall have effect with regard to any institution registered to hold, manage or administer The Community land Bill,2014 community land on behalf of any persons.



(1) The Commission or the Cabinet Secretary where applicable may make regulations generally for the better carrying into effect of this Act.

(2) Without prejudice to the generality of subsection (1), regulations may prescribe- (a) the procedures of recognition and registration of all parcels of community land rights; (b) conversion of privately held and illegally acquired community lands to community land; (c) conversion of other categories of land into community land; (d) the fees payable for any application or the issue of any certificate or other document in terms of this Act; (e) the conditions, in addition to conditions imposed' by or under any other law, under which prospecting or mining operations may be carried out on community land; (f) public education and awareness on the rights of communities over community land; (g) the combating and prevention of'soil erosion, the protection of the pastoral resources and the limitation and control of the grazingof stock; (h) the payment of compensation to persons whose rights to the occupation or use of community land are affected; (i) payment of loyalties to communities frsm income generated from resources within community lands.


rWhere there is conflict between any provision of Conflict of laws.

this Act and the Land Aet, or the Land Registration Act, No.6 of 2012 the provisions of the Land Act and the Land Registration No.3 of2012 Act shall prevail.

The Community Land Bill,2014 677 FIRST SCHEDULE (S.


The name of the community.


A description of the area, being the land in or over which the community has, under recognized customary law, exercised rights of use and occupation.


The persons who are the original members of the community.


The persons to whom membership is open.


The personal particulars of the members of the Committee, term of office, the method and frequency of their election, appointment, suspension and dismissal.


The authority for and the method of filling vacancies occurring amongst the officers of the Committee.


Payment of allowancgs to Committee members and other officers of the Committee.


The frequency of, quorums for, method of calling and dates of the annual general meetings.


The custody and investment of the funds and property of the community, and the designation of the persons responsible.


The purposes for which the funds and.property or the Committee may be used.


The maintenance and inspection of books of account, the register of members and the record of interests, by any mem-ber or officer of the community, by or on behalf of the registrar.


The periodic audit of accounts.


The manner of making and amending the name, constitution or rules of the community.


The manner of the dissolution of the Committee and the disposal of its property on dissolution.

678 The Community l^and Bill,2014 sECOr{D SCTTEDTJLE (S.


(1) The Committee shall *e"t not less than four Meetings of the times in every financial year and not more than four Committee.

months shall elapse between the date of one meeting and the date of the next meeting'.

(2) The Chairperson shall convene the ordinary meetings of the Committee.

(3) Despite the provisions of sub-paragraph (1), the Chairperson shall, upon a written request by at least five members of the Committee, convene a special meeting of the Committee at any time where he considers it expedient for the transaction of the business of the Committee.


(4) Unless three quarters of the total number of the members of the Committee otherwise agree, at least fourteen days written notice of every meeting of the Committee shall be given to every member of the Committee by the chief executive officer (5) The quorum for the conduct of the business of the Committee shall be two-thirds of the total number of members including the Chairperson or the person presiding.

(6) The Chairperson shall preside at every meeting of the Committee at which he is present and in his absence, the members of the Committee present shall elect one person from their number to preside over the meeting of the Committee and he shall have all the powers'of the Chairperson.

(7) Unless a unanimous decision is reached, a decision on any matter before the Committee shall be by a majority of the votes of the members present and voting and in the case of an equality of votes, the Chairperson or person presiding over the meeting shall have a casting vote.

(8) The proceedings of the Committee shall not be The Community Innd Bill,2014 679 invalidated by reason of a vacancy within its membership.

(9) Subject to this Schedule, the Committee may determine its own procedure and the procedure for any sub- committee of the Committee and for the attendance of other persons at its meetings thereof.


(l) If a member is directly or indirectly interested in Di*losure of any contract, proposed contract or other matter before the interest.

Committee and is present at a meeting of the Committee at which the contract, proposed contract or other matter is the subject of consideration, the member shall, at the meeting and as soon as reasonably practicable after the cofilmencement thereof, disclose his or her interest in the matter and shatl not take part in the deliberations over, or vote on, the matter.

(2) A disclosure of interest made under this paragraph shall be recorded in the minutes of the meeting at which it is made.

(3) Any contract or instrument which if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed on behalf of the Authority by any person generally or specially authorized by the Committee for that purpose.


All public land in Mombasa, Kwale, Kilifi, Tana River, Lamu and Taita Taveta counties except- (a) public land lawfully held, used or bccupied by any State organ; (b) all minerals and mineral oils as defined by law; (c) government forests, government game reserves, water catchment areas, national parks, government animal sanctuaries, and specially protected areas; (d) all roads and thoroughfares mentioned by an Act of Parliament; 680 The Comrnunity lanl Bill,2014 (e) all rivers, lakes and bther water bodies as defined by an Act of Parliament; (0 the territorial sea, the exclusive economic zone and the sea bed; (g) the continental shelf; (h) all land between the high and low water marks; (i) public lands subject to erosion, floods, earth slips or water loggrngi O public lands ihat fall within mangroves, and wetlands or fall within the buffer zones of such reserves or within environmentally sensitive areas; (k) public lands along watersheds, river and stream catchments, public water reservoirs, lakes, beaches.

except fish landing areas; (l) public land reserved for security, education, research and other strategic public uses as mag be prescribed; and (m)natural features of exceptional value falling within public lands; (n) reserved land; (o) any other land categorized, by the Commission, under an order published in the gazette.



(l) In this Schedule- Interyretation.

"former institution" means the an institution by whatever name called registered under any law for pulposes of managing or administering community land.


All rights, obligations and contacts which, Rights and immediately before the coming into operation of this Act, obligatidri.

were vested iq or imposed on a former institution shall by virtue of this section, be deemed to .be the rights, obligations and confracts of the Committee 3.

(l) Every person who, immediately before the Trrnrftrof rtaff.

cornmencement date was an officer or member of staffof a fonner institution, not being then under notice of dismissal or resignation shall, on the appointed day and subject to The Comrnunity ltnn Biil,2014 681 subsection (2), become an officer or staff of the Committee (2) A person who does not intend to become an officer or member of staffof the Committee shall, within a period of fourteen days from the commencement datd, give a notice in writing to the Committee, and such person shall be deemed to have retired from the service of the former Committee.


On the commencement of this Act- Assets and liabilities.

(a) all funds, assets, and other property, moveable, and immovable which, immediately before the commencement of this Act.

were vested in a former instifution, shall, on the Commgncement of this Act, vest in the Committee; (b) every publlc,officer having the power or duty to effect or amend any entry in a register relating to property, or to issue or amend any certificate or \ other document effecting or evidencing title to property, shall, without payment of a fee or other charge and upon request made by or on behalf of the Corirmittee, do all such things as are by law necessary to give.effect to the transfer ofproperty referred to under paragraph (a); and 1c) all.

rights, powers, liabilities and duties whether arising under any written law or otherwise howsoever, which immediately before the commencement of this Act were vested in, imposed on or enforceable by or against a fonner institution shall, by virtue of this paragraph, be transferred to, vested in, imposed on or enforceable by or against the Committee.


On or after the cdmmencement of this Act.

all Lrgal proceedings.

actions, suits or legal proceedings whatsoever pending by or against the forrner institution shall be carried on or prosecuted by or against the Committee, and no such action, suit or legal proceedings shall in any manner abate or be prejudicially affected by the enactment of this Act.


Any reference to a former institution in any written Reference to written law or in any contract, document or instrument of whatever laws.

nature shall, on the commencement of this Act, be read and construed as a reference to the Conimittee.

, ,:- 682 Conmunity land 20 4 'The Bill, I ''.


All dirctions, orders aod authsrizatisns giym, or Dicdimrddro, ceof forilc licenses or fgr,4its igguoal, or reglstrations made,by a Csffie former institution and subsi$irg or valid immedieEly before the qgmmenci:ment of diis Aoq Sall b dcmed tol have.b.een grven, issued,or made by tc Cq4inifiee -rrndcr this Act I The Community Land Bill,2014 MEMORANDUM OF OBIECTS AI\D REASONS Statement of the Objectsand Reasons for the Bill The Bill gives effect to Article 63(5) of the Constitution.

It provides for the recognition, pr.otection, management and administration of community land; establish and define the functions and powers of Community Land Boards gnd management committees; provide for the powerc of c.ounty governments in relation to unregistered community land; and for connected purposes.

PART I of the Bill provides the preliminary provisions.

PART II is on recognition, protection and registration of community land rights.

- PART III provides for the institutional framework for the mamgernent and'administration of community land.

PART IV provides for the nature of community land title PART V provides for the conversion of land.

PART VI contains special rights and entitlements in the community' land.

PART VI is on environment and natural resources management.

PART VII provides for settlement of disputes relating to community land.

PART IX provides settlement of disputes relating to community land" PART X contains the general provisions.

Statement on the delegation of legislative powers and limitation of fundamental rights and freedoms The Bill delegates legislative powers only to the extent of giving effect to the provisions of the Bill.

The Bill does not limit fundamental rights and freedoms.

Stotement of how the B|II concerns county governments The Bili makes provision for community land which is found within counties.

It further provides for the relationship between the comrnunity land owners and the county governments.

The Community l^and Bill,2014 Further, County Land Survey and Mapping are devolved functions under Part II of the Fourth Schedule to the Constitution.

The Bill therefore concerns county governments in terms of Article 110(a) of the Constitution as it affects the functions andpowers of County Governments set out in the Fourth Schedule.

Statemerlt that the Bitl is not a money BiIl within the meaning of Article 114 of the Constitution.

This Bill is not a money Bill within the meaning of Article 114 of the Constitution.

Dated l,th September'Z,.4' KITHURE KINDIKI, Senate Majority Leader.

t- IIIi.

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