Land Consolidation Act

Section 1. Short title Section This Act may be cited as the Land Consolidation Act. [L.N. 589/1960, First Sch., Act No. 25 of 1963, Sch., Act No. 35 of 1968, First Sch.]

Section 2. Application Section 2(1) Whenever at the request of a local authority it appears expedient to the Minister that the ascertainment of rights and interests in, and the consolidation of, and the registration of title to, any area of Trust land (other than land to which the Land Adjudication Act (Cap. 284) applies) should be carried out, the Minister may, by order direct that this Act shall apply to such area of Trust land as is specified in the order, and upon publication of such order this Act shall apply to such area accordingly: Provided that if, on the date on which this Act is enacted, the Native Land Tenure Rules, 1956 (L.N. 452/1956) (now revoked), apply to any area of the special areas, then, subject to the provisions of section 29(1), or of section 33(7), of this Act, as the case may require, this Act shall apply to such area. Section 2(2) Whenever at the request of a local authority it appears expedient to the Minister that the registration of title to any land in the special areas, being land which has been set apart under and in accordance with the provisions of sections 115, 116, 117 and 118 of the Constitution, or is deemed to have been set apart by virtue of...

Section 3. Effect of Act to be promulgated Section When this Act has been applied to any area, the Adjudication Officer of the district in which such area is situate shall forthwith cause notice of the general effect of the provisions of this Act to be given throughout the said area. [L.N. 66/1964, s. 4.]

Section 4. Interpretation Section In this Act, except where the context otherwise requires— “adjudication area” means an area to which this Act has been applied under section 2(1) of this Act; “Adjudication Officer” means an Adjudication Officer appointed under section 6 of this Act; “Adjudication Register” means an Adjudication Register completed under section 24 of this Act; “adjudication section” means an adjudication section declared under section 7 of this Act; “adverse possession” deleted by Act No. 25 of 1963, Sch. ; “African court” deleted by Act No. 17 of 1967, First Sch. ; “Arbitration Board” means an Arbitration Board formed under section 10 of this Act; “Assistant Registrar” deleted by Act No. 25 of 1963, Sch. ; “borrower” deleted by Act No. 25 of 1963, Sch. ; “certificate of title” deleted by Act No. 25 of 1963, Sch. ; “charge” means a charge created on land for the purpose of securing the payment of money or money’s worth or the fulfilment of any condition, and includes a subcharge; “Committee” means a Committee appointed under section 9 of this Act; “court”, save as is otherwise expressly provided, means the Supreme Court or a subordinate court held by a Resident Mag...

Section 5. Publication of notices Section 5(1) Whenever, in accordance with the provisions of this Part, any notice is required to be given, the Adjudication Officer shall publish the same in writing at the office of the Civil Secretary of the Region within which the area is situated and at the office of the Regional Government Agent for the area and elsewhere as he may direct in such manner as he shall think fit, and the Regional Government Agent shall also cause the purport of such notice to be promulgated at barazas throughout the area and on such other occasions or in such other manner as he may determine. Section 5(2) Every such notice shall be published, and the purport of such notice shall be promulgated in such language or languages as the Regional Government Agent shall deem to be most likely to be understood by all persons affected thereby. [L.N. 66/1964, s. 5.]

Section 6. Officers Section 6(1) The Minister may appoint any fit and proper person to be Adjudication Officer for each adjudication area, and the Adjudication Officer may appoint such Demarcation Officers and Recording Officers as may be necessary for carrying out the adjudication, demarcation and registration of the adjudication area. Section 6(2) The Adjudication Officer shall exercise general control and supervision over the adjudication and registration of the adjudication area and may issue such general or special directions as he thinks necessary to the officers appointed by him under subsection (1) of this section. Section 6(3) The Adjudication Officer may exercise all or any of the powers given under this Act to officers appointed by him.

Section 7. Adjudication sections Section 7(1) Within each adjudication area the Adjudication Officer may, by notice, declare one or more adjudication sections. Section 7(2)(a) shall specify as nearly as possible the situation and limits of each adjudication section; Section 7(2)(b) shall declare that rights and interests in land within the adjudication section will be ascertained and recorded in accordance with the provisions of this Part; Section 7(2)(c) shall fix a period, which shall not be less than six months, within which any individual person claiming any right or interest in any land within the adjudication section is required to present his claim thereto to the Committee, either in person or by representation according to African customary law; and Section 7(2)(d) may require any individual person claiming to be a landowner to point out the boundaries of the land of which he claims to be the owner to such person, in such manner and before such date as the Adjudication Officer shall specify.

Section 8. Staying of land suits Section 8(1) Subject to the provisions of this section, no person shall institute and no court whatever shall take cognisance of, or proceed with or continue to hear and determine, any proceedings in which the ownership or the existence under native law and custom of any right or interest whatsoever in, to or over any land in an adjudication area is called in question or is alleged to be in dispute unless the prior consent in writing of the Adjudication Officer to the institution or continuance of such proceedings has been given. Section 8(2) No officer of any court whatever shall issue any plaint or other legal process for the institution or continuance of any proceedings which by virtue of the provisions of subsection (1) of this section are for the time being prohibited, except upon being satisfied that the consent required by those provisions has been given. Section 8(3) Nothing in the foregoing provisions of this section shall prevent the enforcement or execution of any final order or decision given or made in any proceedings in respect of any land in an adjudication area, where such order or decision is not the subject of a pending appeal at t...

Section 9. Committee Section 9(1) The Adjudication Officer within whose district an adjudication section is situate shall appoint a Committee for each adjudication section from amongst persons resident in the adjudication section and each Committee shall consist of not less than twenty-five members. Section 9(2) The Adjudication Officer shall appoint an executive officer for each Committee within the district and such executive officer shall attend, and may speak, at any meeting of the Committee, but shall not vote. [L.N. 66/1964, s. 6.]

Section 10. Arbitration Board Section 10(1)(i) no person who has sat upon a Committee which has given a decision upon any particular matter shall be selected to be a member of an Arbitration Board to consider the same matter; Section 10(1)(ii) where any land, in respect of which a Committee is unable to reach a decision on any claim to a right or interest therein, is situated on or near the boundary of a district, and the persons making such claims are resident in different districts, the Minister may, in his absolute discretion, appoint a Special Arbitration Board consisting of eight persons residing within the province; and in any such case a reference in this Part to an Arbitration Board shall include a reference to a Special Arbitration Board. Section 10(2) The Minister may appoint any fit and proper person to be the executive officer of any Arbitration Board appointed for a district and such executive officer may attend and speak at any meeting of the Arbitration Board in respect of which he is appointed but shall not vote: Provided that no person who has acted as executive officer of a Committee which has given a decision upon any particular matter shall act as executive offi...

Section 11. Committee to adjudicate Section 11(1) The Committee appointed for an adjudication section shall adjudicate upon and determine in accordance with African customary law the claim of any individual person to any right or interest in any land within the adjudication section. Section 11(2) If a Committee is unable to reach a decision in accordance with African customary law it shall refer the matter to the Arbitration Board which shall decide the matter and shall inform the Committee of its decision. [Act No. 17 of 1967, First Sch.]

Section 12. Notice of adjudication or arbitration Section Every Committee or Arbitration Board shall give seven clear days’ warning of its intention to carry out an adjudication or arbitration, specifying the parcel or parcels of land upon which it proposes to adjudicate or arbitrate and stating the time and place at which it intends to adjudicate or arbitrate.

Section 13. Attendance before Committee or Arbitration Board Section 13(1) Every individual person claiming any right or interest in any land within an adjudication section, and any person whose presence is required by a Committee or Arbitration Board, shall attend in person, or by representative according to African customary law, as required by the Committee or Arbitration Board, at the time and place specified in the warning referred to in section 12 of this Act. Section 13(2) If any such person fails to attend in person or by representative as provided by subsection (1) of this section, the adjudication or arbitration may proceed in his absence. Section 13(3) If the Committee or Arbitration Board is satisfied that any individual person who has not made a claim has a claim to any right or interest in any land within the adjudication section the Committee may, but shall not be bound to, proceed as if he had made a claim. Section 13(4) Where one or more of several heirs of a deceased person, or one or more out of a group of heirs, claiming a separate interest from another group or groups, appears, his or their appearance shall be deemed to be the appearance of all such heirs or al...

Section 14. Procedure in Committees and Arbitration Boards Section 14(1) If a member of a Committee or of an Arbitration Board has any interest, direct or indirect, in the determination by the Committee or the Arbitration Board (as the case may be) of any claim to any right or interest in any land, and is present at a meeting of the Committee or the Arbitration Board at which the determination of that claim is under consideration, he shall, at the meeting, as soon as practicable after the commencement thereof, disclose the fact and shall not take part in the consideration or discussion of, or vote on any question with respect to, the determination of that claim. Section 14(2) Each Committee and Arbitration Board shall elect one of its members to be chairman thereof, 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. Section 14(3)(a) The quorum of a Committee or of an Arbitration Board, where the total number of members thereof is an even number, shall be one-half of that number, and, where the total number of members thereof is an uneven number, shall b...

Section 15. Record of Existing Rights Section 15(1) There shall be prepared in respect of each adjudication section and in accordance with the findings of the Committee or Arbitration Board, as the case may be, a Record of Existing Rights which shall be in three parts. Section 15(2)(a) the name and description of every person (hereafter in this Part referred to as a land owner) whose right, in the opinion of the Committee or Arbitration Board, should be recognized as ownership, together with a description or other sufficient identification and the approximate area of every parcel of land to which he is entitled; Section 15(2)(b) any interest, lease, right of occupation, charge or other encumbrance affecting the land, whether by virtue of African customary law or otherwise, together with the name and description of every person entitled to the benefit thereof; Section 15(2)(c) any restriction on the power of the landowner or of any such person to deal with the land or his interest, lease, right of occupation, charge or encumbrance; Section 15(2)(d) in the case of any landowner or of any such person who is under a disability, whether by reason of age, unsoundness of mind or otherwise...

Section 16. Notice of completion of Record of Existing Rights Section When the Record of Existing Rights in respect of any adjudication section has been completed, the chairman of the Committee and its executive officer shall sign and date a certificate to that effect and shall forthwith give notice of such completion, and of the place or places within the adjudication section at which the Record can be inspected.

Section 17. Objection to Record of Existing Rights Section Any person named in or affected by Part I of the Record of Existing Rights who considers the Record to be inaccurate or incomplete in any respect may, within sixty days of the date upon which the notice mentioned in section 16 of this Act is published at the office of the Regional Government Agent within whose district the adjudication area to which the Record relates is situated (and such date shall be endorsed upon the said notice), lodge an objection with the executive officer of the Committee concerned, stating in what respect the Record is alleged to be inaccurate or incomplete. [L.N. 66/1964, s. 9.]

Section 18. Procedure with regard to objections Section 18(1)(a) refer the objection to the Committee, if it appears to him that the inaccuracy or incompleteness alleged is a consequence of any decision of the Committee; or Section 18(1)(b) submit the objection to the Adjudication Officer, if it appears to the executive officer that the inaccuracy or incompleteness alleged is a consequence of any decision of an Arbitration Board. Section 18(2) Any objection referred to a Committee under subsection (1) of this section shall be considered by the Committee and the Committee shall make a finding thereon; every such finding shall be submitted to the Adjudication Officer. Section 18(3)(a) confirm the finding of the Committee; or Section 18(3)(b) consider the matter with the Arbitration Board and, after making such further inquiries as he may think fit, determine the matter.

Section 19. Decision of Adjudication Officer to be final Section Any confirmation or determination of an Adjudication Officer made under section 18 of this Act shall be final and shall be notified in writing, signed by the Adjudication Officer, to the executive officer of the Committee concerned, who shall make such alteration, if any, as may be required in the Record of Existing Rights to give effect to such confirmation or determination.

Section 20. Record of Existing Rights to be final Section After the expiry of sixty days from the date mentioned in section 17, or on the date upon which all alterations to the Record of Existing Rights have been made in accordance with section 19, of this Act, whichever is the later, the Record shall be deemed to be a true and complete record of all existing rights and interests in the adjudication section to which the Record relates: Provided that no inaccuracy in, or omission of, any particular shall in any way affect the validity of any lease or license granted under Part VI of the Trust Land Act (Cap. 288).

Section 21. Consolidation Section 21(1) The Committee shall set aside out of land in the adjudication section such land as may, in its opinion, be required for the needs of the community; and any detriment to any landowner caused by such setting aside shall be divided as equitably as possible between all landowners in the allocation of parcels (hereinafter provided for) within the adjudication section. Section 21(2) To each landowner the Committee shall allocate land within the adjudication section, and in making such allocation the Committee shall have regard, so far as possible, to the site, quality, nature and extent of the land to which each landowner was entitled and to any interest, lease, right of occupation, charge or other encumbrance affecting the land, whether by African customary law or otherwise, according to the Record of Existing Rights, to the intent that so far as possible equality of exchange shall be achieved, subject to the liability of each such landowner to bear a share of the detriment caused by the setting aside of land for the community in accordance with the provisions of subsection (1) of this section. Section 21(3)(a) consolidate all the land to which a...

Section 22. Interests not amounting to ownership Section 22(1)(a) grant to the said person an interest, lease, right of occupation of, or a charge on, land allocated to the landowner in accordance with the provisions of subsection (2) of the said section; or Section 22(1)(b) pay to the said person compensation, and thereupon his entitlement to the benefit of an interest, lease, right of occupation of, or a charge on, land of such landowner shall cease and determine. Section 22(2) If the landowner and the person entitled to the benefit of the interest, lease, right of occupation or charge cannot agree whether an interest, lease, right of occupation, or charge is to be granted, in accordance with the provisions of subsection (1)(a) of this section, or whether compensation is to be paid in accordance with the provisions of paragraph (b) of the said subsection, or as to the extent of such interest, lease, right of occupation or charge, or the amount of such compensation, then the landowner or such person may refer the matter to the Committee, who shall decide the same. Section 22(3) Any compensation payable by virtue of the provisions of this section shall be paid in money or in kind,...

Section 23. Demarcation Section 23(1) The Demarcation Officer, with the assistance of the Committee or any member or members thereof, shall demarcate or cause to be demarcated by such means or in such manner as he may direct the boundaries of all parcels of land within the adjudication section in accordance with the Record of Existing Rights or with any allocation of land made under section 21 of this Act, as the case may be. Section 23(2)(a) to demarcate his land, and for the purpose of such demarcation to erect or plant, or to remove, such boundary marks as the said officer may direct; Section 23(2)(b) to clear any boundary or other line which it may be necessary to clear for the purpose of demarcating his land; Section 23(2)(c) to provide labour or otherwise assist in the demarcation of his land. Section 23(3) If the land is not demarcated within the time and in the manner directed by the Demarcation Officer, he may demarcate or cause to be demarcated the boundaries of the land and may clear any boundary or other line which it may be necessary to clear for the purpose of such demarcation. Section 23(4) All costs incurred under subsection (3) of this section shall be assessed by...

Section 24. Adjudication Register Section 24(1) The Committee shall prepare or cause to be prepared in respect of every parcel of land shown on the Demarcation Plan a form containing the particulars set forth in either subsection (2) or subsection (3) of this section. Section 24(2)(a) the name and description of the landowner, together with the number of the parcel of land as shown on the Demarcation Plan and its approximate area; Section 24(2)(b) any interest, lease, right of occupation, charge or other encumbrance affecting the land, whether by virtue of African customary law or otherwise, together with the name and description of every person entitled to the benefit thereof; Section 24(2)(c) any restriction on the power of the landowner or of any such person to deal with the land or his interest, lease, right of occupation, charge or encumbrance; Section 24(2)(d) in the case of any landowner or of any such person who is under a disability, whether by reason of age, unsoundness of mind or otherwise, the name of his guardian; and Section 24(2)(e) the date on which the form is completed. Section 24(3) The form shall contain, in respect of land of which the county council is the own...

Section 25. Notice of completion of Adjudication Register Section When the Adjudication Register in respect of any adjudication section has been completed the executive officer of the Committee shall sign and date a certificate to that effect and shall forthwith give notice of the completion thereof and of the place or places within the adjudication section at which the same can be inspected.

Section 26. Objection to Adjudication Register Section 26(1) Any person named in or affected by the Adjudication Register who considers such Register to be inaccurate or incomplete in any respect, or who is aggrieved by the allocation of land as entered in the Adjudication Register, may, within sixty days of the date upon which the notice mentioned in section 25 of this Act is published at the office of the Regional Government Agent within whose district the adjudication area to which such Register relates is situated (and such date shall be endorsed upon the said notice), inform the Adjudication Officer, stating the grounds of his objection, and the Adjudication Officer shall consider the matter with the Committee and may dismiss the objection, or, if he thinks the objection to be valid, order the Committee to take such action as may be necessary to rectify the matter and for this purpose the Committee may exercise all or any of the powers conferred by section 21 of this Act. Section 26(2) If the Adjudication Officer considers that such rectification would incur unreasonable expense, delay or inconvenience, he may award such compensation in lieu of rectification as he may deem app...

Section 27. Adjudication Register to be final Section After the expiration of sixty days from the date of the certificate mentioned in section 25, or on the determination of all objections in accordance with section 26, of this Act, whichever shall be the later, the Adjudication Register shall be final.

Section 28. Correction of errors in Adjudication Register Section The Adjudication Officer may correct any clerical error or error of a like nature in the Adjudication Register.

Section 29. Saving for records, etc., made before application of Act Section 29(1) If this Act is applied to any area by virtue of the provisions of the proviso to section 2(1) of this Act, and a register has not, at the time of such application, been prepared and confirmed in accordance with the Native Land Tenure Rules, 1956 (L.N. 452/1956) (now revoked), then, notwithstanding the provisions of this Part, any recording, consolidation or demarcation which has been carried out in accordance with the provisions of the said Rules shall be deemed for the purposes of this Part to be a recording, consolidation or demarcation carried out under and in accordance with the provisions of this Part. Section 29(2) If, on the date on which this Act is applied to any land in the special areas, any recording of rights and interests in such land has been carried out in accordance with native law and custom, and any consolidation or demarcation has, if necessary, been carried out, then, if the Minister is satisfied that such recording, consolidation or demarcation has been carried out substantially in accordance with the principles of this Part, he may give notice that any register prepared as a re...

Section 30. Fees for adjudication Section Every landowner whose name is contained in an Adjudication Register compiled or deemed to have been compiled in accordance with the provisions of this Part, whether such register was made before or after the application of this Act, shall pay a fee at such rate as may be prescribed in respect of the adjudication area or section.

Section 31. Regulations Section The Minister may make regulations for the purpose of carrying into effect the provisions and purposes of this Act. [Act No. 25 of 1963, Sch.]

Section 32. Fees Section All fees, costs, charges and expenses to be paid under or by virtue of this Act shall be a civil debt recoverable summarily by the Chief Land Registrar appointed under the Registered Land Act (Cap. 300). [Act No. 25 of 1963, Sch.]