ADVOKS GLOBAL · KENYA
The Community Land Regulations
12. Identification of Unregistered Community Land
Edition: 2024-04-25 · In force
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;(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.