Interpretation in this act unless the context otherwise requiresagricultural land means land other than tribal land or land within a township. The registered land act cap 300 laws of kenya 54 2. A key achievement is the enactment of the national land commission act which provides a framework for the commission to become operational and is one of the very positive highlights of the new laws. Land control board the land control board is mandated to control specified transactions within agricultural land. Published on march 20, 2016 march 24, 2016 by kanyinke. Short title this act may be cited as the land act, 2012. The historical development of land law in kenya the kenyan. Land control in kenya volume 22 issue 1 simon coldham. This act stipulates that no dealings in agricultural land, i. Land registration electronic land transaction regulations, 2019.
The acts lack uniformity due to the fact that they were enacted in the absence of a. The physical planning act repealed the land control act which controlled transactions in agricultural lands. Alivelihood is sustainable when it can cope with, land tenure and rural development 3 2. No export slaughterhouse shall employ, in a department where any meat is handled or prepared, any person affected with communicable diseases in a transmissible stage.
Jun 26, 2015 under section 91 of land control act, the land control board is obliged to refuse consent in any case in which land is to be disposed of to a person who is not a citizen of kenya or a private company all of whose members are citizens of kenya. Published by the national council for law reporting with the authority. Land and labour in kenya under british colonial rule from. Kenyas wildlife policy is found in sessional papers, ministerial statements and development plans. Under section 91 of land control act, the land control board is obliged to refuse consent in any case in which land is to be disposed of to a person who is not a citizen of kenya or a private company all of whose members are citizens of kenya. The act has introduced the new concept of controlled land which is land within a zone of 25 kilometres from the inland national boundary of kenya, within the first and second row beach plots in the coast region and any other law that may be declared controlled land by statute. The next year, the new constitution was promulgated, and it contains chapter 5 on land and environment.
Kenyas disaster profile is dominated by droughts, fire, floods, terrorism, technological accidents, diseases and epidemics that disrupt peoples livelihoods, destroy the infrastructure, divert planned use of resources, interrupt economic activities and retard development. This constitution is the constitution of the republic of kenya and shall have the. Laws of kenya land control act chapter 302 revised edition 2012 2010 published by the national council for law reporting with the authority of the attorneygeneral. An act of parliament to make provision in relation to surveys and geographical names and the licensing of land surveyors, and for connected purposes act no. Pdf kenya has a diverse system of registration that has a very long process of registration. Land control in kenya journal of african law cambridge core. Sep 12, 2017 in our opinion the new land laws are a start to bringing about change, consistency and consolidation of land laws in kenya. The amendments were necessary to correct errors and inconsistencies in the statutes and. Short title this act may be cited as the land control act. This act may be cited as the land registration act, 2012. Pursuant to the constitution of kenya, three acts of parliament have been enacted.
Land laws amendment bill, 2015 kenya land alliance. As the land adjudication and consolidation programme made progress in the kikuyu land unit in the middle of the nineteenfifties, it became clear that the traditional system of land tenure would have to be replaced by a system based on the registration of individual titles. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to. These statutes are an embodiment of many principles that, are foreign, and have their origin in the history and traditions of england. Although the two control systems were integrated at least in name in 1963. In this act, unless the context otherwise requires agricultural land means a land that is not within. Land tenure is important in rural development interventions which place an emphasis on building peoples endowments of assets so they can enjoy sustainable livelihoods. Kenya law resource center is published as an information resource. In our opinion the new land laws are a start to bringing about change, consistency and consolidation of land laws in kenya. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. An act to provide for the control of transactions in agricultural land. The issue of land, its ownership, use and management is a highly emotive one in kenya and was one of the key issues that drove the need for a new constitution. Landuse control legal definition of landuse control.
Land control act cap 302 purpose of the land control act is to control transactions in agricultural land. Indian transfer of property act land acquisition chapter 295 land adjudication chapter 284 land consolidation chapter 283 land control act chapter 302 land control act chapter 302 land titles act chapter 282 landlord and tenant shops, hotels and catering establishments act chapter 301. May 31, 2012 the issue of land, its ownership, use and management is a highly emotive one in kenya and was one of the key issues that drove the need for a new constitution. The transferees declare that they hold the land as joint proprietorsas proprietors in commonin the following undivided shares. Page 2 of 498 progolomena land in kenya is an emotive issue. Land control in kenya journal of african law cambridge. Legislation on land kenya law reform commission klrc. This act may be cited as the national land commission act, 2012. Jan 18, 2017 the land laws amendment act, 2016 received presidential assent on 31st august 2016 and came into force on 21st september 2016. The republic of kenya shall be a multiparty democratic state. However, the amendment was never effected by the government printers. Following lengthy deliberations and a comprehensive public participation process, a new constitution the constitution was promulgated on 27 august 2010. The laws on forests and agriculture also impact on wildlife management as do the develop. The land act of kenya defines a lease as the grant, with or without consideration, by the proprietor of land of the right to the exclusive possession of his or her land.
The constitution sets out principles governing land and also requires all laws. The physical planning act was enacted in 1996 repealing two earlier statutes the town planning act planning in urban areas and the land planning act planning in rural areas. The act brings about amendments to the land act, 2012, land registration act, 2012 and the national land commission act, 2012. During their presence, the british in kenya confiscated land from the.
Activities such as zoning, the regulation of the development of real estate, and city planning land use controls have been a part of western civilization since the roman empire in 450 b. To be submitted in triplicate in respect of each transaction and. Provided that, where a divisional board established under the kenya land control transitional provisions. Land control act regulates development, use and subdivision of agricultural land, it was designed to ensure that agricultural land.
This act repealed and replaced the registration provisions of the land registration special areas ordinance. Land information management in kenya kenya is a representative developing country in which many development projects in the. Countryterritory kenya document type legislation date 2012 source fao, faolex long title an act of parliament to give effect to article 68 of the constitution, to revise, consolidate and rationalize land laws. Dec 25, 2017 the substantive and registration law for all land formerly held under customary law was codified in the registered land repealed act of 1963. The constitution sets out principles governing land and also requires.
Laws of kenya t he l and c ontrol a ct c hapter 302 revised edition 2010 1989 published by the national council for law. This act was to replace all other laws related to land in kenya. The constitution of kenya chapter fiveland and environment. In 1967, the government passed the land control act, which established. Purpose of the land control act is to control transactions in agricultural land. View notes land control act from law g34 at university of nairobi. The general principle of control by statutory boards was probably taken from the land control ordinance 1944, cap. Land control act 1967 revised 2010 this is an act of parliament enacted to provide for controlling transactions in agricultural land. An act of parliament to give effect to article 68 of the constitution, to revise, consolidate and rationalize land laws. The land laws amendment act, 2016 received presidential assent on 31st august 2016 and came into force on 21st september 2016. Land control areas and land control boards have therefore been set up under the act for this purpose. Land remains a contentious and problematic issue in kenya, particularly land. At the very minimum, a good land information management system should enable decision makers to know what land resources are available, and to what extent these are being used, misused or neglected.
The physical planning act is a much more comprehensive statute that provides for physical planning and development control. Cabinet secretary farida karoney, current news, downloads, forms, nairobi registry comments off read more. Overview of the kenyan land laws amendment act 2016. Land control act chapter 302 the following statutes are optional for further reference 1. This act may be cited as the environment and land court act, 2011. The person attesting the signature must authenticate the colored passport size photograph. An act of parliament to provide for controlling transactions in agricultural land act no. The kenya national assembly through an amendment in the national assembly hansard of 26th april 2012 intended to repeal the land control boards lcbs. For instance, the case of the mau forest, a major water tower in kenya illustrates that the regime of land rights in kenya is a barrier to sustainable. The act defines what agricultural land is in section 2 11as. Land control act chapter 302 land control act chapter 302 land titles act chapter 282 landlord and tenant shops, hotels and catering establishments act chapter 301. Environment and land court act 11th parliament of kenya. Regulations on the use of land existed in colonial america. Land laws in kenya basics agricultural environmental law.
Interpretation in this act unless the context otherwise requiresagricultural land means land other than tribal land or land within a. An act of parliament to provide for the ascertainment of rights and interests in, and for the consolidation of, land in the special areas. Overview of the kenyan land laws amendment act 2016 cms. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Land control act chapter 302 the following statutes are optional. The act provides for the establishment of regional physical development plans section 16 and local physical development plans section 24 and. In kenya there are 3 principle statutes that deal with physical planning. The new land laws in kenya that were passed in 2012 discussed later in the article were later on amended in 2016, and the community land act was passed during the same year. It was at the core of resistance to british rule at the turn of the last century and subsequent agitation for land thereafter up to the time of the. Land control transitional provisions regulations, 1963 l. Here are the new land laws in kenya pdf as a more detailed source. Central bank of kenya act chapter 491 central bank of kenya act chapter 491 central depositories capital markets operational rules, 2003. Titles act, cap 282 of 1908, and the government lands. Activities such as zoning, the regulation of the development of real estate, and city planning landuse controls have been a part of western civilization since the roman empire in 450 b.
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