Community Land Regulations (LN No. 279 of 2018). | Land Portal

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Date of publication: 
November 2017
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ISBN / Resource ID: 
LEX-FAOC175152
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These Regulations of the Cabinet Secretary for Land and Physical Planning implement provisions of the Community Land Act, 2016 ("Act") with respect to, among other things, recognition, protection and registration of community land rights, community land management committees, registration of communities, conversion of community land, settlement of disputes relating to community land, conversion of group representatives, a national programme for public education and awareness on provisions of the Act and the rights of communities over community land, and the preparation of Community Rules and Regulations. The Regulations also provide with respect to special rights and entitlement in community land, and environment and natural resources management on community land.Communities shall register claims of an interest in land with the community land registrar responsible for the community land registration unit within which the land is situated in accordance with these Regulations. The Cabinet Secretary shall declare community land registration units in accordance with the Land Registration Act 2012. The demarcation of community land and delineation of Protection of boundaries of community land shall be in accordance with section 11(2) of the Act. Any dispute arising from the process of recognition and adjudication of community land shall be resolved in the first instance through the dispute resolution mechanism provided by the Act and these Regulations. Community land may be converted into public land through compulsory acquisition in the manner prescribed under the Land Act, 2012. Private land may be converted to community land in accordance with section 25 of the Act and shall be registered in the name of the community. The public land may be converted into community land in accordance with the provisions of the Land Act, 2012. A member of a registered community may apply to the community land management committee for allocation of land for a particular use. The community land management committee shall facilitate development of a benefit-sharing plan approved by two-thirds of the community assembly to ensure sustainable use and equitable distribution of benefits including the minority groups, women and persons with disability.

Implements: Community Land Act, 2016 (No. 27 of 2016). (2016-08-31)

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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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