Limitation of Actions Act

41. Exclusion of public land

Edition: 2022-12-31 · In force

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41. Exclusion of public land

This Act does not—

(a)enable a person to acquire any title to, or any easement over—

(i)Government land or land otherwise enjoyed by the Government;

(ii)mines or minerals as defined in the Mining Act (Cap. 306);

(iii)mineral oil as defined in the Mineral Oil Act (Repealed);

(iv)water vested in the Government by the Water Act (Cap. 372);

(v)land vested in the county council (other than land vested in it by section 120(8) of the Registered Land Act (Repealed); or

(vi)land vested in the trustees of the National Parks of Kenya; or

(b)affect the right of Government to any rent, principal, interest or other money due under any lease, licence or agreement under the Government Lands Act (Repealed) or any Act repealed by that Act.

Case law referring to this provision

Skov Estate Limited & 6 others v Agricultural Development Corporation & 21 others (Environment & Land Case 251 of 2012 & 318 of 2018 (Consolidated)) [2023] KEELC 224 (KLR) (26 January 2023) (Judgment)

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Source: Kenya Law