The Community Land Regulations

AI-assisted research summary: These Regulations may be cited as the Community Land Regulations.

AI-assisted research summary: Defines terms used in these Regulations, including "Act", "adjudication", "adjudication team", "certificate of registration", "Committee", and "demarcation".

AI-assisted research summary: The Cabinet Secretary must declare community land registration units.

AI-assisted research summary: Demarcation and delineation of community land boundaries must be in accordance with section 11(2) of the Act.

AI-assisted research summary: County governments must, within eighteen months from commencement and in consultation with communities, prepare and submit to the Cabinet Secretary an inventory of all unregistered community land in Form CLA 6; the Cabinet Secretary must then develop and publish a comprehensive adjudication programme and issue notices, while claimants must appear in person to present claims and the adjudication team must decide, communicate decisions within thirty days, and demarcate and survey community land.

AI-assisted research summary: Section 13 sets out procedures for confirming customary rights of occupancy: a land adjudication officer advises the community land management committee; applications for customary rights are made to the committee; the committee seeks approval of the community assembly; a land adjudication team surveys and demarcates rights; the team prepares and submits maps to the committee which then seeks assembly approval for issuance of a certificate; the certificate is forwarded to the registrar for noting.

AI-assisted research summary: The Registrar must open a community land register in the community's name and issue a certificate of title or lease upon receipt of the cadastral map, following the cited provisions of the Land Registration Act.

AI-assisted research summary: Communities that intend to claim an interest in land must notify the community land registrar (using Form CLA 1) and meet procedural requirements; the registrar must call a public meeting and publish and deliver notice as specified.

AI-assisted research summary: The Land Registrar must convene and oversee elections of community land management committee members (in consultation with national and county representatives); the Cabinet Secretary must provide training and induction for the newly elected committee (in consultation with the relevant County Government).

AI-assisted research summary: To be eligible for election as a member of the Community Land Management Committee, the person must be an adult member of the community.

AI-assisted research summary: Vacancy in office when a member of the Community Land ManagementCommittee dies.

AI-assisted research summary: If a vacancy occurs in the Committee, the Community Assembly may appoint a replacement; after a replacement is appointed at least three Committee members must notify the registrar in Form CLA 2 within twenty-eight days and provide certified minutes; the registrar must amend the register on receipt of the notification.

AI-assisted research summary: The community land management committee must apply to the registrar to register the community; the committee must draft rules for the community assembly; the registrar may refuse registration if requirements are not met; dissatisfied communities may appeal to the Chief Land Registrar.

AI-assisted research summary: The registrar must keep a register of registered communities in Form CLA 5, recording specific items (sections 9(2)(a)–(f)).

AI-assisted research summary: A community land management committee must present any notice of intention to compulsorily acquire community land given under section 131 of the Land Act to the community assembly for information and direction.

AI-assisted research summary: Communities may convert or allocate community land to private ownership or members with at least two-thirds approval of the community assembly; when conversion occurs a transfer instrument must be prepared and executed by the Chairman and Secretary of the community land management committee and presented to the registrar for registration.

AI-assisted research summary: Private land may be converted to community land and registered in the name of the community; the community land management committee must enter the land into the community's assets register after a title or lease is issued in the community's name.

AI-assisted research summary: When a certificate of title or lease is issued in the community's name, the community land management committee must enter the acquired land in the community's assets register.

AI-assisted research summary: A community may set aside community land for a public purpose by a resolution of at least two thirds of the community assembly; if the purpose was not in the approved development plan the community must consult the county planning authority, prepare and forward a physical development plan for county approval; the approved plan must be published in the Gazette within fourteen days and thereafter the National Land Commission must reserve the land to the relevant public entity in accordance with the Land Act.

AI-assisted research summary: Requires the Cabinet Secretary to develop and roll out a national public education programme on the Act and community land rights within twelve months; requires county governments and relevant agencies to run continuous public education; and requires awareness programmes to be conducted in liaison with county governments and agencies once community land management committees are established.

AI-assisted research summary: Fees payable under section 48(2)(f) of the Act are those prescribed in the Sixth Schedule.

AI-assisted research summary: Members of a registered community may apply for allocation of community land; the community land management committee must circulate applications, prepare a report, present it to the assembly, notify applicants within 14 days, and if approved demarcate rights and issue and forward a certificate of customary use and occupancy (Form CLA 10) that contains conditions and fees.

AI-assisted research summary: The community land management committee must assist and encourage the community to observe principles for use and management of environment and natural resources in accordance with the Community Land Act.

AI-assisted research summary: Community assemblies may enter into investment partnerships for community land; the community land management committee must negotiate agreements and arrange valuation; allocation must be approved by two thirds of adult members; a minimum 30-day period is specified for representations.

AI-assisted research summary: Section 23 has been deleted.

AI-assisted research summary: Section 24 deleted by L.N. 180/2018, r. 3.

AI-assisted research summary: Disputes over community land may be resolved through alternative dispute resolution at first instance; if the community cannot resolve a dispute it must be referred by the complainant to the land adjudication officer in Form CLA 11 who records it in Form CLA 12; ad hoc committees with specified membership hear disputes and may use traditional dispute resolution; a party dissatisfied may appeal to court within thirty days.

AI-assisted research summary: Groups holding land under the repealed Land (Group Representatives) Act must convert to registered communities: the Cabinet Secretary must prepare an inventory and forward it to the registrar; the registrar must notify group representatives; groups must apply to register within twelve months; existing title documents must be surrendered before new titles are issued and are deemed cancelled after thirty days if not surrendered.