ADVOKS GLOBAL · KENYA
Land Act
134. Establishment of settlement scheme
Edition: 2025-11-04 · In force
134. Establishment of settlement scheme
(1)The National Government shall implement settlement programmes to provide access to land for shelter and livelihood.(2)Settlement programmes shall, for the purposes of this Act, include, but not be limited to provision of access to land to squatters, persons displaced by natural causes, development projects, conservation, internal conflicts or other such causes that may lead to movement and displacement.(3)The national government shall administer the settlement programmes in consultation with the Commission and the respective county governments.(4)Identification of beneficiaries shall be carried out and verified by a sub-county selection committee appointed by the Cabinet Secretary comprising of the following persons-(a)the deputy county commissioner;(b)the sub-county administrator;(c)a representative of the Commission;(d)a national government representative, who shall be the secretary;(e)a representative of persons with special needs;(f)a representative of women;(g)a youth representative; and(h)a representative of elders;Provided that-(i)the persons appointed under paragraphs (e), (f), (g) and (h) shall be nominated by the area member of the National Assembly; and(ii)a Chairperson shall be appointed at the first sitting of the committee from the persons appointed under paragraphs (e), (f), (g) and (h).(5)The Commission shall reserve public and for the establishment of approved settlement programmes, and where public land is not available, the board of trustees shall purchase or acquire land for such purposes.(6)Upon planning and survey, land in settlement schemes shall be allocated to households in accordance with national values and principles of governance provided in Article 10 of the Constitution and the principles of land policy provided in Article 60(1) of the Constitution and any other requirements of natural justice.(7)Any land acquired in a settlement scheme established under this Act or any other law shall be subdivided and a transfer shall only be allowed through a process of succession.(8)Beneficiaries of land in settlement schemes shall pay a sum of money as may be determined from time to time by the body of trustees responsible for settlement matters.(9)The funds provided by the national government and county governments for the purposes of the settlement programmes shall be administered in accordance with the law be relating to public finance management.Case law referring to this provision