4. Community Land Act. No. 27 of 2016

The law provides for recognition and regulation of community land, which is a form of land tenure whereby land is owned by communities as proprietors.

Quick Link: https://new.kenyalaw.org/akn/ke/act/2016/27/eng@2022-12-31

· The statute was passed to provide for recognition, protection and recognition of community land (owned by community as a whole). It repealed the Land (Group Representatives) Act of 1968 (Cap 287) and the Trust Land Act of 1938 (Cap 288).

· Community land comprises around 60 percent of the total land mass in Kenya, which is subject to conversion to public land and can potentially also be used for housing. Most of community land is found in Northern Kenya, the Kenyan Coast, and the South Rift (e.g., Narok).

· The Ministry has since designated Community Land Registrars and undertook public education awareness in 24 counties. Some community land has since been registered under this regime in Laikipia and Samburu counties with some work ongoing in Kajiado County.

· The Community Land Act requires registration and titling of all community land to help avert incidences of illegal alienation of community land by private individuals. This is an ongoing process with only a very small portion of the said land already registered.

· The Act permits a county government or national government to identify and set aside special purpose areas within a community’s area for the promotion or upgrading of public interest. These areas could be potentially earmarked for housing.

· Further, the law provides that any community land used communally for public purposes will be vested in the national or county government, not in the community; this provision has the effect of converting community land into public land available for public housing projects.

· The Act also provides that communities may reach agreements with investors to use their lands. In the event of the land being shown to be community land, the county government is to hold due compensation on behalf of the community, handing this over only at the time of formal entitlement. This potentially means that community land especially one in or adjoining urban areas can be leased or sold out to investors who may put up housing developments.

· However, there seems to be quite a high threshold for conversion of community land into private land as it requires the approval of 2/3 of the community assembly in a special meeting convened for that purpose.

· Section 29 allows a registered community to reserve special purpose areas including settlement areas and for urban development.

· There have also been published The Community Land Regulations, 2017 to operationalize the Act.