Kenyan legislation

The Community Land Regulations

Edition: 2024-04-25 · In force

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Part I – PRELIMINARY

1. Citation

These Regulations may be cited as the Community Land Regulations.

2. Interpretation

In these Regulations unless the context states otherwise requires—"Act" means the Community Land Act (Cap. 287);"adjudication" means the ascertainment of rights and interests in unregistered community land;"adjudication team" means a working team comprising of land adjudication officers, surveyors, physical planners and the Committee with the mandate of ascertainment of rights, demarcation and survey of community land;"certificate of registration" means a certificate issued by the Registrar, upon registration, under section 7 of the Act;"Committee" means the community land management committee elected under section 7 of the Act;"demarcation" means physical marking of land boundaries.

Part II – RECOGNITION, PROTECTION AND REGISTRATION OF COMMUNITY LAND RIGHTS

3. Claim of an interest in land

(1)Any community, including group representatives registered under the repealed Land (Group Representatives) Act, that intends to register its claim in an interest in land shall notify the community land registrar responsible for the community land registration unit within which the land is situate of the intention, in Form CLA 1 set out in the Fifth Schedule.

(2)The notification under paragraph (1) shall—

(a)be submitted in duplicate with the duplicate copy being retained by the community;

(b)be signed by at least fifteen members of the community; and

(c)be accompanied with the prescribed fee.

(3)Upon receipt of the notification under paragraph (1), the community land registrar shall, pursuant to section 7(2) of the Act invite all members of the community with communal interest to a public meeting for the purpose of electing the members of the community land management.

(4)The notice shall be published in at least one newspaper of nationwide circulation and announced in a radio station of nationwide coverage in both official and local language indicating the date, time, place and purpose of the meeting.

(5)The registrar may, in addition to the means of notification provided in paragraph (4), use other available means of communication including affixing notices at the headquarters of the respective county, sub-county, wards, location, and in strategic places where the community land is situate.

(6)A copy of the notice issued under paragraph (4) shall be delivered to the administrators for both the national and county government in charge of the county, sub county, wards and location where the community land is situate.

(7)The registrar or a public officer appointed by the registrar, in writing for that purpose, shall preside at the meeting to be held under section 7(5) of the Act.

(8)The conduct of the meeting for election of the community land management committee shall be in accordance with the rules in First Schedule.

4. Election of community land management committees

(1)Upon issuing a notice under section 7(2) of the Act, the Land Registrar, in consultation with the national and county government representatives for the area where land is located, shall convene and oversee the process of election of community land management committee members.

(2)The election of community land management committee members in accordance with section 7(5) of the Act and the procedure set out in the First Schedule.

(3)The Cabinet Secretary, in consultation with the relevant County Government, shall undertake training and induction for the newly elected community land management committee.

5. Eligibility for Election as a member of a Community Land Management Committee

A person shall be eligible for election as a member of a Community Land Management Committee if that person—

(a)is an adult member of the community;

(b)meets the requirements of Chapter VI of the Constitution of Kenya;

(c)has not been adjudged bankrupt; and

(d)has not been convicted of a crime involving fraud or dishonesty.

6. Vacancy in office of member of Community Land Management Committee

The office of member of Community Land Management Committee shall become vacant if—

(a)the holder—

(i)dies;

(ii)by notice in writing addressed to the Committee, resigns from office;

(iii)is otherwise incapable of performing the duties of the office; or

(b)the term of office of the holder expires.

7. Filling of vacancy

(1)Where a vacancy occurs in the membership of the Committee, the Community Assembly may, by resolution, appoint a replacement in accordance with the procedure set out in the First Schedule.

(2)Where a vacancy occurs in the community land management committee and is subsequently filled in accordance with paragraph (1), at least three members of the Community Land Management Committee shall, within twenty-eight days of the replacement, notify the registrar of the replacement in Form CLA 2 set out in the Fifth Schedule.

(3)A notification under paragraph (2) shall be accompanied by a certified true copy of the minutes of the meeting at which the resolution was passed.

(4)The registrar shall upon receipt of a notification under paragraph (2) amend the register accordingly.

8. Registration of communities

(1)The community land management committee shall apply to the registrar for registration of the community.

(2)An application for registration of a community shall be made to the registrar in Form CLA 3 set out in the Fifth Schedule.

(3)An application for registration under paragraph (1) shall be accompanied by—

(a)name of the community;

(b)register of members of the community;

(c)a certified true copy of the minutes of the meeting at which it was resolved to seek application for registration;

(d)rules and regulations of the community;

(e)description of the interest in land being claimed by the community including a sketch map.

(4)The registrar shall consider an application for registration and may issue a certificate of registration in the name of the community in Form CLA 4 set out in the Fifth Schedule, subject to such conditions, limitations or exemptions as the registrar considers appropriate, if satisfied that—

(a)the name proposed to be registered has not been used by any other registered community;

(b)the applicant has complied with the Act; and

(c)the rules and regulations of the community are satisfactory in substance and in form,

(5)Upon registration the community named in the certificate of registration shall—

(a)be a body corporate, in the name specified in the certificate, with perpetual succession and a common seal; and

(b)shall in its corporate name, subject to the Act and the conditions, limitations and exemptions in the certificate of registration, be capable of—

(i)suing and being sued;

(ii)acquiring, holding, charging or disposing of movable or immovable property; and

(iii)having and managing its own funds including borrowing and lending money; and

(iv)doing or performing such other things or acts necessary for the proper performance of its functions which may lawfully be done by a body corporate.

(6)Upon registration of the community the persons elected as members of the Community Land Management Committee shall—

(a)become the officers of the community;

(b)be responsible for management of any property of the community;

(c)exercise their powers on behalf and for the collective benefit of all the members of the community; and

(d)consult the community assembly on such exercise of their powers under paragraph (c).

(7)The community land management committee shall, on behalf of the community assembly, draft rules and regulations to govern the operations of the community assembly which shall be adopted by the community assembly.

(8)The rules and regulations of a community shall provide, to the satisfaction of the Registrar, for all the matters specified in the Second Schedule.

(9)The content of rules and regulations may follow the model provided for in the Third Schedule.

(10)The community shall observe any conditions or limitations in the certificate of registration in so far as they are applicable to the community.

(11)The registrar may refuse to register a community if its application does not meet the requirements under these Regulations stating the reason for the decision.

(12)A community that is not satisfied by the decision of the registrar may appeal to the Chief Land Registrar.

9. Register of Communities

(1)The registrar shall keep a register of registered communities in Form CLA 5.

(2)In addition to the register kept under paragraph (1) the registrar shall maintain a record of, in respect of every registered community—

(a)the applications for registration;

(b)the name of the community;

(c)the register of members of the community;

(d)rules and regulations of the community;

(e)The duplicate of certificate of registration; and

(f)all subsequent notifications, applications, returns and certified extracts from the minutes of meetings forwarded by the community to the registrar.

10. Community Land registration units

The Cabinet Secretary shall declare community land registration units in accordance with the Land Registration Act (Cap. 300).

11. Protection of Community land rights

The demarcation of community land and delineation of boundaries of community land shall be in accordance with section 11(2) of the Act.

12. Identification of Unregistered Community Land

(1)Within eighteen months, from the commencement of these Regulations, every county government shall, in consultation with communities, prepare and submit to the Cabinet Secretary an inventory of all unregistered community land within the county in Form CLA 6 set out in the Fifth Schedule.

(2)Upon receipt of the inventory submitted under paragraph (1) above, the Cabinet Secretary shall develop and publish in the Gazette a comprehensive adjudication programme under section 8(1) of the Act.

(3)The Inventory shall contain the following details—

(a)the name of the community occupying the land or laying a claim on that land;

(b)locality of the land;

(c)the description of the perimeter boundary;

(d)the current use of the land; and

(e)any other relevant information.

(4)If a county government does not submit the inventory within the period specified in paragraph (1), the Cabinet Secretary shall, in consultation with the communities, prepare an adjudication programme based on the existing data on adjudication programmes.

(5)Upon the publication of the comprehensive adjudication programme, the Cabinet Secretary shall issue notice of intention to commence demarcation, survey and registration of community land in Form CLA 7 set out in the Fifth Schedule.

(6)Any person with a claim on the land in the programme shall be required to appear in person to present their claim in Form CLA 8 set out in the Fifth Schedule to the adjudication team for consideration.

(7)The decision of the adjudication team shall be communicated to the claimant in writing within thirty days from the date of determination.

(8)The adjudication team shall demarcate and survey the community land excluding public purpose plots and any other registered private land in accordance with section 8(6) and (7) of the Act.

(9)Any dispute arising from the process of recognition and adjudication of community land shall be resolved in the first instance through the dispute resolution mechanism provided by the Act and these regulations.

13. Confirmation of validity of existing customary rights of occupancy

(1)The land adjudication officer shall advise the community land management committee on the determination of any customary right of occupancy.

(2)An application for a customary right of use and occupancy shall be made to the community land management committee in Form CLA 9 set out in the Fifth Schedule.

(3)Upon receipt of the application under paragraph (2), the committee shall seek the approval of the community assembly.

(4)Upon approval, the land adjudication team will survey and demarcate the extent of the rights as guided and determined by the community land management committee.

(5)The team shall prepare and submit to the community land management committee a map showing the extent of rights, who shall seek the approval of the community assembly, for issuance of certificate of customary use and occupancy.

(6)The certificate of customary use and occupancy in Form CLA 10 set out in the Fifth Schedule shall be forwarded to the registrar for noting in the register.

14. Community land register

(1)There shall be maintained a community land register in accordance with the provisions of section 8 of the Land Registration Act (Cap. 300).

(2)Upon receipt of the cadastral map in accordance with section 8(7) of the Act, the Registrar shall open a community land register in the name of the community and issue a certificate of title or lease in accordance with section 8 of the Land Registration Act (Cap. 300).

(3)Any transaction on community land shall be noted in the register in accordance with the provisions of the Land Registration Act(Cap. 300).

Part IV – CONVERSION OF COMMUNITY LAND

15. Conversion of community land into public land

(1)Community land may be converted into public land through compulsory acquisition in the manner prescribed under the Land Act (Cap. 280).

(2)A community land management committee shall present any notice of intention to compulsory acquire part or the whole of the community land from the National Land Commission given accordance with section 131 of the Land Act (Cap. 300). to the community assembly for information and any other direction on the matter regarding the compulsory acquisition process.

(3)Community land may also be converted into public land through transfer and surrender with the approval at least two thirds of the community assembly.

16. Conversion of community land to private land

(1)A community may convert whole or part of its land to private land through transfer with the approval of at least two thirds of the community assembly.

(2)Upon approval under paragraph (1), a transfer instrument shall be prepared and executed by the Chairman and the Secretary of the community land management committee and presented to the registrar for registration in accordance with the Land Registration Act (Cap. 300).

(3)A community may allocate whole or part of its land to the members in accordance with the Act with the approval of at least two thirds of the community assembly.

17. Conversion of private land to community land

(1)Private land may be converted to community land in accordance with section 25 of the Act and shall be registered in the name of the community.

(2)Upon conversion from private to community land, the registrar shall—

(a)close the private land register relating to the land and open a community land register; and

(b)issue a certificate of title or certificate of lease in the name of the community as the case may be.

(3)Upon the issuance of a certificate of title or certificate of lease in the name of the community, the community land management committee shall enter the land acquired in the assets register of the community.

18. Conversion of public land to community land

(1)The public land may be converted into community land in accordance with the provisions of the Land Act (Cap. 280).

(2)Upon receipt of the parcel details of the public land to be converted to community land from the Commission, the registrar shall—

(a)open a community land register; and

(b)issue a certificate of title or certificate of lease in the name of the community as the case may be.

19. Setting a community land for Public purposes

(1)A community may, through the resolution of at least two thirds of the community assembly, set aside land for an identified public purpose.

(2)Where the intended public purpose that was not in the approved development plan, the community shall consult the relevant authority responsible for county planning for direction.

(3)Upon recommendation from the planning authority, the community shall cause the preparation of a physical development plan for the land to be set aside and forward the plan to the relevant county government for approval.

(4)The approved physical development plan for the land to be set aside for public purpose shall be forwarded to the National Land Commission for publication in the Gazette within fourteen days.

(5)After publication in the Gazette, the Commission shall reserve the land to the relevant public entity in accordance with the Land Act (Cap. 280).

Part V – SPECIAL RIGHTS AND ENTITLEMENT IN COMMUNITY LAND

20. Allocation of community land to community members

(1)A member of a registered community may apply to the community land management committee for allocation of land for a particular use.

(2)The community land management committee shall circulate the application to the members of the community for their consideration and comments within a specified time.

(3)Upon receipt of the presentations from members, the community land management committee shall prepare a report and present it to the community assembly for consideration and approval.

(4)The community land management committee shall communicate decision of the assembly to the applicant within fourteen days of the decision of the community assembly.

(5)Where the allocation is approved, the community land management committee shall demarcate the extent of the rights as approved by the community assembly and issue a certificate of customary use and occupancy to the member in Form CLA 10 and forward the certificate to the registrar for noting in the register.

(6)The community land management committee shall issue a certificate of customary use and occupancy containing conditions of the allocation and fees payable.

Part VI – ENVIRONMENT AND NATURAL RESOURCES MANAGEMENT

21. Principles guiding the management of environment and natural resources

The community land management committee shall assist and encourage the community to observe the principles of use and management of environment and natural resources in accordance with the provisions of the Act.

22. Requirements for Investor Partnerships

(1)The community assembly may enter into partnerships for purposes of investment and development of community land.

(2)In determining whether to allocate land to individuals or partners for investment purposes, the community land management committee shall ensure that—

(a)the land is geo-referenced and planned in line with national and county spatial plans;

(b)public consultations are made by placing a notice in, at least two daily newspapers of nation-wide circulation, one local newspaper and local radio station, where applicable, and affix notices at the County, Sub County and ward offices inviting comments on or objections to the intended reservation of community land containing the following—

(i)a description of the property in issue;

(ii)details of the envisaged investment;

(iii)specify the date, venue and time of the public consultations; and

(iv)a specified period of at least thirty days period for making the representations.

(c)the investor demonstrates and provides evidence of the accruing benefits of the investment to the community.

(3)Upon receipt of the representations from the public on the intended allocation, the community land management committee shall—

(a)consult other relevant authorities and technical experts;

(b)analyze the representations and ascertain the view of the community;

(c)take into consideration all other matters required under the Act or any other law; and

(d)determine whether based on the considerations referred to under paragraph (a) and (b), the land ought to be allocated.

(4)The community land management committee shall negotiate the terms of the agreement taking into consideration the best interests of the community.

(5)The allocation shall be approved by two thirds of the adult members of the community assembly in accordance with section 36(3) of the Act.

(6)The community land management committee shall cause valuation to be carried out for purposes of assessment of market value of the land and land rent to be paid prior to allocation of land to investors.

23. [Deleted by L.N. 180/2018, r. 2.]

24. [Deleted by L.N. 180/2018, r. 3.]

Part VII – SETTLEMENT OF DISPUTES RELATING TO COMMUNITY LAND

25. Settlement of disputes

(1)Any disputes arising from community land may be resolved through alternative dispute resolution mechanisms at first instance as provided for in the Act.

(2)Where the community is unable to resolve the dispute arising from community land recognition, adjudication and registration process within a registration unit, the complainant shall refer the dispute to the land adjudication officer in Form CLA 11 who shall record the dispute in a register in Form CLA 12.

(3)Where the dispute traverses different registration units the claim shall be received and recorded by either of the land adjudication officers in charge of any of the affected registration units and copied to the other.

(4)The Cabinet Secretary may appoint an ad hoc committee to hear and determine the disputes filed under paragraph (2) consisting of—

(a)deputy county commissioner who shall be the chairperson of the committee;

(b)two (2) nominees from the county government where the community land is situate;

(c)Government Surveyor; and

(d)land adjudication officer, who shall be the secretary.

(5)The ad hoc committee shall co-opt not more than four (4) representatives from the communities where the community land is situate.

(6)The co-opted representatives shall not be members of the community land management committee and the appointment will comply with the two thirds gender rule.

(7)Where the community land under dispute traverses different registration units or Counties, the Cabinet Secretary may constitute a special ad hoc committee consisting of not more than nine persons.

(8)In constituting the special ad hoc committee, the Cabinet Secretary shall ensure there is representation from the registration units or counties involved.

(9)An ad hoc committee shall elect one of its members from nominees in paragraph (4) to be chairman, who shall preside at all meetings at which he is present, and if at any meeting the chairman is absent the members present shall elect one of themselves to preside at that meeting.

(10)In hearing the dispute, the ad hoc committee may use alternative methods of dispute resolution mechanisms including traditional dispute and conflict resolution mechanisms where appropriate.

(11)The process of conducting hearings by the ad hoc committee shall be in accordance with the Fourth Schedule.

(12)Nothing in these regulations shall prevent any person or entity from lodging a claim of an interest over community land in accordance with paragraph (3).

(13)A party dissatisfied with the decision of the ad hoc committee may, within thirty days after the date of the determination of the dispute, appeal to the court.

Part VIII – CONVERSION OF GROUP REPRESENTATIVES

26. Conversion of Group Representatives to a Community

(1)The Cabinet Secretary shall cause to be prepared an inventory of all land held under the repealed Land (Group representatives) Act (Cap. 287) (now repealed) indicating their status and forward it to the registrar.

(2)Upon the commencement of these Regulations, the registrar shall notify the group representatives and their members, including those group representatives which had applied for dissolution before the commencement of this Act but had not dissolved, of the requirement to convert into a community.

(3)Within twelve months of the commencement of these Regulations, the groups shall make an application to register as a community.

(4)Upon issuance of certificate of registration, the community's particulars and interest shall be entered in the register in accordance with section 8 of the Land Registration Act (Cap. 300) and thereafter certificate of title or lease issued.

(5)The registrar shall, before issuing certificate of title or lease, require the surrender of the existing title document and certificate of incorporation issued under the Land (Group Representatives) Act (now repealed) for cancellation.

(6)Where the existing title document and certificate of incorporation are not surrendered to the registrar in accordance with this regulation, they shall be deemed cancelled at the expiry of thirty days.

(7)The Groups that have applied for dissolution and have been issued with certificates of dissolution shall be allowed to finalize the process within three years.

(8)The Director of Land Adjudication and Settlement shall on behalf of the Cabinet Secretary facilitate the handing over and any changes caused by implementation of these Regulations.

Part IX – GENERAL PROVISIONS

27. Community awareness programmes

(1)The Cabinet Secretary shall, in consultation with the county governments, the Commission and other stakeholders, develop and roll out a national programme for public education and awareness on provisions of the Act and the rights of communities over community land within twelve months of the commencement of these Regulations.

(2)County Governments and relevant agencies shall undertake continuous public education and awareness programmes education and awareness.

(3)The awareness programmes to be carried out under paragraph (1) and (2) shall, upon establishment of the community land management committees, be undertaken in liaison with the respective county governments and relevant agencies for continuous implementation of the public education and awareness programme.

28. Fees

The fees payable under section 48(2)(f) of the Act shall be the fees prescribed in the Sixth Schedule.[L.N. 28/2024, s. 2, L.N. 73/2024, s. 2.]

Source: Kenya Law · Imported 4 October 2026