ADVOKS GLOBAL · KENYA
Land Consolidation Act
22. Interests not amounting to ownership
Edition: 2023-12-11 · In force
22. Interests not amounting to ownership
(1)Where any person is entitled to the benefit of any interest, lease, right of occupation or charge affecting any land of a landowner, whether by virtue of African customary law or otherwise, and that landowner is required to relinquish that land in accordance with the provisions of section 21(3) of this Act, then such interest, lease, right of occupation or charge shall cease and determine in respect of that land together with the rights of the landowner; and such landowner shall either—(a)grant to the said person an interest, lease, right of occupation of, or a charge on, land allocated to the landowner in accordance with the provisions of subsection (2) of the said section; or(b)pay to the said person compensation, and thereupon his entitlement to the benefit of an interest, lease, right of occupation of, or a charge on, land of such landowner shall cease and determine.(2)If the landowner and the person entitled to the benefit of the interest, lease, right of occupation or charge cannot agree whether an interest, lease, right of occupation, or charge is to be granted, in accordance with the provisions of subsection (1)(a) of this section, or whether compensation is to be paid in accordance with the provisions of paragraph (b) of the said subsection, or as to the extent of such interest, lease, right of occupation or charge, or the amount of such compensation, then the landowner or such person may refer the matter to the Committee, who shall decide the same.(3)Any compensation payable by virtue of the provisions of this section shall be paid in money or in kind, and at such time or times, as the landowner and the person entitled thereto may agree or, in default of agreement, as the Committee may direct.