What Is The Community Land Act In Kenya?

What Is The Community Land Act In Kenya?

The Community Land Act is a piece of legislation that was signed into law in Kenya in September 2016. The Act provides a legal basis for the recognition, protection, and registration of community land in Kenya.

It vests community land in the community, and the state may regulate the use of community land in accordance with Article 66 of the Constitution.

The Act encourages communities to manage and administer their land themselves through bylaws, governance structures, and the inclusion of provisions of the law and their rights and duties under it.

The enactment of the Constitution of Kenya in 2010 heralded a new era for communities who had been subjugated in the past when it came to ownership of property and particularly ownership of land.

The Constitution recognizes the importance of property rights and those rights incidental to it, like the right to land and housing and the access to these rights, which forms an important aspect when individuals are seeking to ensure their social and economic well-being.

Land can be seen to have both a social and economic value, and the importance of property has been recognized in the Constitution of Kenya 2010 with its provision in Article 40(1) which states that every individual has the right either individually or in association with others to acquire and own property of any description and in any part of Kenya.

What Are The Benefits Of The Community Land Act To Communities In Kenya?

The Community Land Act, signed into law in September 2016, provides a legal basis for the recognition, protection, and registration of community land in Kenya.

The Act vests community land in the community, and the state may regulate its use in accordance with the Constitution.

The Act encourages communities to manage and administer their land themselves through bylaws, governance structures, and the inclusion of women and marginalized groups.

The Act has several benefits for communities in Kenya.

• Firstly, it recognizes and protects the land rights of communities, which were previously subjugated.

This recognition of land rights is essential for communities seeking to ensure their social and economic well-being.

• Secondly, the Act allows communities to manage and administer their land themselves, giving them greater control over their resources.

This control can lead to more sustainable land use practices and better management of natural resources.

• Thirdly, the Act requires the inclusion of women and marginalized groups in the management and administration of community land, promoting gender equality and social inclusion.

The Act also provides a framework for the registration of community land rights, which can help to prevent land disputes and conflicts.

The Act requires communities to draft and adopt bylaws to govern the use and management of their land and natural resources, and to elect Community Land Management Committees.

These committees are responsible for the management and administration of community land, and for resolving disputes that may arise.

Overall, the Community Land Act provides communities in Kenya with greater control over their land and resources, and promotes sustainable land use practices, gender equality, and social inclusion.

How Does The Community Land Act Protect The Land Rights Of Communities In Kenya?

The Community Land Act, signed into law in September 2016, provides a legal basis for the recognition, protection, and registration of community land in Kenya.

The Act vests community land in the community, and the State may regulate the use of community land in accordance with Article 66 of the Constitution.

The Act encourages communities to manage and administer their land themselves through bylaws, governance structures, and the inclusion of provisions of the law and their rights and duties under it.

The Act prohibits the county government from selling, transferring, disposing of unregistered community land, or converting it into private land.

Upon registration of community land, the trusteeship of the county government to manage and administer the community land ceases to exist.

A community claiming an interest in or right over community land may register their land by application to the community land registrar who shall maintain a community land register for each registration unit. The community named as proprietor of the land is the absolute and indefeasible owner.

The Act recognizes that ownership of community land can be held as communal land, family or clan land, reserve land, or in any other category of land recognized under the Act or other written law.

Community land can be held in land tenure systems such as customary, freehold, leasehold, or any other tenure system.

The Act also provides for the establishment of a Community Assembly and Community Land Management Committee for each registered community.

What Is The Process For Registering Community Land Under The Community Land Act In Kenya?

The Community Land Act, which was signed into law in September 2016, provides a legal basis for the recognition, protection, and registration of community land in Kenya.

Community land is defined as land held by communities identified on the basis of ethnicity, culture, or similar community of interest.

Community land consists of land lawfully registered in the name of group representatives under the provisions of any law, land lawfully transferred to a specific community by any process of law, any other land declared to be community land by an Act of Parliament, and land that is lawfully held, managed, or used by specific communities as community forests, grazing areas, or shrines.

To register community land under the Community Land Act, communities must fulfill the requirements for legal recognition of their rights to land.

Communities must draft and adopt bylaws to govern the use and management of their land and natural resources, elect Community Land Management Committees, and develop a Participatory Land Use Plan.

The Participatory Land Use Plan is a community-led process that identifies and maps community land, natural resources, and land use practices. The plan is used to guide the management and use of community land and natural resources.

The process of registration of community land under the Community Land Act is facilitated by the Ministry of Lands and Physical Planning through the Working Group on Implementation of the Community Land Act.

The working group comprises officers from various government agencies and is responsible for implementing the Community Land Act.

The EU-funded FAO Land Governance program is also working to improve land governance in Kenya by supporting the implementation of the Community Land Act.

What Is The Role Of County Governments In Relation To Unregistered Community Land?

The Community Land Act of 2016 provides a legal basis for the recognition, protection, and registration of community land in Kenya.

Community land is defined as land held by communities identified on the basis of ethnicity, culture, or similar community of interest.

Community land includes land lawfully registered in the name of group representatives, land lawfully transferred to a specific community by any process of law, and any other land declared to be community land by an Act of Parliament.

Ancestral lands and lands traditionally occupied by hunter-gatherer communities are also considered community land.

County governments have a role in managing unregistered community land. Any unregistered community land shall be held in trust by county governments on behalf of the communities for which it is held.

The EU-funded FAO Land Governance program is working with the Ministry of Lands and Physical Planning through the Working Group on Implementation of the Community Land Act, 2016 (WGICLA) to facilitate the registration of community land titles in Kenya.

The program conducted civic education and awareness-raising in 24 counties with unregistered community land to prepare an enabling policy and legislative environment for the implementation of the Community Land Act, 2016.

The Act encourages communities to manage and administer their land themselves through bylaws, governance structures, and the inclusion of women and marginalized groups in decision-making processes.