ADVOKS GLOBAL · KENYA
The Community Land Regulations
22. Requirements for Investor Partnerships
Edition: 2024-04-25 · In force
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.