ADVOKS GLOBAL · KENYA
Land Consolidation Act
15. Record of Existing Rights
Edition: 2023-12-11 · In force
15. Record of Existing Rights
(1)There shall be prepared in respect of each adjudication section and in accordance with the findings of the Committee or Arbitration Board, as the case may be, a Record of Existing Rights which shall be in three parts.(2)The executive officer of the Committee shall enter or cause to be entered in Part I of the Record of Existing Rights—(a)the name and description of every person (hereafter in this Part referred to as a land owner) whose right, in the opinion of the Committee or Arbitration Board, should be recognized as ownership, together with a description or other sufficient identification and the approximate area of every parcel of land to which he is entitled;(b)any interest, lease, right of occupation, charge or other encumbrance affecting the land, whether by virtue of African customary law or otherwise, together with the name and description of every person entitled to the benefit thereof;(c)any restriction on the power of the landowner or of any such person to deal with the land or his interest, lease, right of occupation, charge or encumbrance;(d)in the case of any landowner or of any such person who is under a disability, whether by reason of age, unsoundness of mind or otherwise, the name of his guardian.(3)The executive officer of the Committee shall enter or cause to be entered in Part II of the Record of Existing Rights a description or other sufficient identification, together with the approximate area, of each parcel of land which is not entered in Part I of the Record and which has not been set apart in accordance with the provisions of sections 208 and 209 of the Constitution and shall record the county council as the owner thereof, subject to any right of user or other limitation (if any) arising under African customary law or imposed under or by virtue of any written law, particulars of which shall be entered in the Record.(4)The Adjudication Officer shall enter or cause to be entered in Part III of the Record of Existing Rights—(a)a description or other sufficient identification and the approximate area of any land which has been set apart or is deemed to have been set apart under and in accordance with the provisions of sections 115, 116, 117 and 118 of the Constitution;(b)the purpose of such setting apart;(c)the number and year of the notice in the Gazette setting such land apart, and shall record the Government, the region or the county council as the case may be as the owner thereof, subject to such setting apart.