The Community Land Regulations

Section 1. Citation Section These Regulations may be cited as the Community Land Regulations.

Section 2. Interpretation Section In these Regulations unless the context states otherwise requires— "Act" means the Community Land Act ( Cap. 287 ); "adjudication" means the ascertainment of rights and interests in unregistered community land; "adjudication team" means a working team comprising of land adjudication ("the ascertainment of rights and interests in unregistered community land;") officers, surveyors, physical planners and the Committee ("the community land management committee elected under sectionof the Act;") with the mandate of ascertainment of rights, demarcation ("physical marking of land boundaries") and survey of community land; "certificate of registration" means a certificate issued by the Registrar, upon registration, under section 7 of the Act ("the Community Land Act ();") ; "Committee" means the community land management committee elected under section 7 of the Act ("the Community Land Act ();") ; "demarcation" means physical marking of land boundaries.

Section 3. Claim of an interest in land Section 3(1) Any community, including group representatives registered under the repealed Land (Group Representatives) Act ("the Community Land Act ();") , that intends to register its claim in an interest in land shall notify the community land registrar responsible for the community land registration unit within which the land is situate of the intention, in Form CLA 1 set out in the Fifth Schedule. Section 3(2)(a) be submitted in duplicate with the duplicate copy being retained by the community; Section 3(2)(b) be signed by at least fifteen members of the community; and Section 3(2)(c) be accompanied with the prescribed fee. Section 3(3) Upon receipt of the notification under paragraph (1) , the community land registrar shall, pursuant to section 7(2) of the Act ("the Community Land Act ();") invite all members of the community with communal interest to a public meeting for the purpose of electing the members of the community land management. Section 3(4) The notice shall be published in at least one newspaper of nationwide circulation and announced in a radio station of nationwide coverage in both official and local language indicating th...

Section 4. Election of community land management committees Section 4(1) Upon issuing a notice under section 7(2) of the Act ("the Community Land Act ();") , the Land Registrar, in consultation with the national and county government representatives for the area where land is located, shall convene and oversee the process of election of community land management committee members. Section 4(2) The election of community land management committee members in accordance with section 7(5) of the Act ("the Community Land Act ();") and the procedure set out in the First Schedule. Section 4(3) The Cabinet Secretary, in consultation with the relevant County Government, shall undertake training and induction for the newly elected community land management committee.

Section 5. Eligibility for Election as a member of a Community Land ManagementCommittee Section is an adult member of the community;

Section 6. Vacancy in office of member of Community Land ManagementCommittee Section dies;

Section 7. Filling of vacancy Section 7(1) Where a vacancy occurs in the membership of the Committee ("the community land management committee elected under sectionof the Act;") , the Community Assembly may, by resolution, appoint a replacement in accordance with the procedure set out in the First Schedule. Section 7(2) Where a vacancy occurs in the community land management committee and is subsequently filled in accordance with paragraph (1) , at least three members of the Community Land Management Committee ("the community land management committee elected under sectionof the Act;") shall, within twenty-eight days of the replacement, notify the registrar of the replacement in Form CLA 2 set out in the Fifth Schedule. Section 7(3) A notification under paragraph (2) shall be accompanied by a certified true copy of the minutes of the meeting at which the resolution was passed. Section 7(4) The registrar shall upon receipt of a notification under paragraph (2) amend the register accordingly.

Section 8. Registration of communities Section 8(1) The community land management committee shall apply to the registrar for registration of the community. Section 8(2) An application for registration of a community shall be made to the registrar in Form CLA 3 set out in the Fifth Schedule. Section 8(3)(a) name of the community; Section 8(3)(b) register of members of the community; Section 8(3)(c) a certified true copy of the minutes of the meeting at which it was resolved to seek application for registration; Section 8(3)(d) rules and regulations of the community; Section 8(3)(e) description of the interest in land being claimed by the community including a sketch map. Section 8(4)(a) the name proposed to be registered has not been used by any other registered community; Section 8(4)(b) the applicant has complied with the Act ("the Community Land Act ();") ; and Section 8(4)(c) the rules and regulations of the community are satisfactory in substance and in form, Section 8(5)(a) be a body corporate, in the name specified in the certificate, with perpetual succession and a common seal; and Section 8(5)(b) suing and being sued; Section 8(5)(b)(i) suing and being sued; Section 8(5)(b)...

Section 9. Register of Communities Section 9(1) The registrar shall keep a register of registered communities in Form CLA 5. Section 9(2)(a) the applications for registration; Section 9(2)(b) the name of the community; Section 9(2)(c) the register of members of the community; Section 9(2)(d) rules and regulations of the community; Section 9(2)(e) The duplicate of certificate of registration ("a certificate issued by the Registrar, upon registration, under sectionof the Act;") ; and Section 9(2)(f) all subsequent notifications, applications, returns and certified extracts from the minutes of meetings forwarded by the community to the registrar.

Section 10. Community Land registration units Section The Cabinet Secretary shall declare community land registration units in accordance with the Land Registration Act ("the Community Land Act ();") ( Cap. 300 ).

Section 11. Protection of Community land rights Section The demarcation ("physical marking of land boundaries") of community land and delineation of boundaries of community land shall be in accordance with section 11(2) of the Act ("the Community Land Act ();") .

Section 12. Identification of Unregistered Community Land Section 12(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. Section 12(2) Upon receipt of the inventory submitted under paragraph (1) above, the Cabinet Secretary shall develop and publish in the Gazette a comprehensive adjudication ("the ascertainment of rights and interests in unregistered community land;") programme under section 8(1) of the Act ("the Community Land Act ();") . Section 12(3)(a) the name of the community occupying the land or laying a claim on that land; Section 12(3)(b) locality of the land; Section 12(3)(c) the description of the perimeter boundary; Section 12(3)(d) the current use of the land; and Section 12(3)(e) any other relevant information. Section 12(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 ("the ascertainment...

Section 13. Confirmation of validity of existing customary rights of occupancy Section 13(1) The land adjudication ("the ascertainment of rights and interests in unregistered community land;") officer shall advise the community land management committee on the determination of any customary right of occupancy. Section 13(2) An application for a customary right of use and occupancy shall be made to the community land management committee in Form CLA 9 set out in the Fifth Schedule. Section 13(3) Upon receipt of the application under paragraph (2) , the committee shall seek the approval of the community assembly. Section 13(4) Upon approval, the land adjudication team ("a working team comprising of land adjudication officers, surveyors, physical planners and the Committee with the mandate of ascertainment of rights,demarcation and survey of community land;") will survey and demarcate the extent of the rights as guided and determined by the community land management committee. Section 13(5) The team shall prepare and submit to the community land management committee a map showing the extent of rights, who shall seek the approval of the community assembly, for issuance of certificate o...

Section 14. Community land register Section 14(1) There shall be maintained a community land register in accordance with the provisions of section 8 of the Land Registration Act ("the Community Land Act ();") ( Cap. 300 ). Section 14(2) Upon receipt of the cadastral map in accordance with section 8(7) of the Act ("the Community Land Act ();") , the Registrar shall open a community land register in the name of the community and issue a certificate of title or lease in accordance with section 8 of the Land Registration Act ("the Community Land Act ();") ( Cap. 300 ). Section 14(3) Any transaction on community land shall be noted in the register in accordance with the provisions of the Land Registration Act ("the Community Land Act ();") ( Cap. 300 ).

Section 15. Conversion of community land into public land Section 15(1) Community land may be converted into public land through compulsory acquisition in the manner prescribed under the Land Act ("the Community Land Act ();") ( Cap. 280 ). Section 15(2) A community land management committee shall present any notice of intention to compulsory acquire part or the whole of the community land from the National Land Commission given accordance with section 131 of the Land Act ("the Community Land Act ();") ( Cap. 300 ). to the community assembly for information and any other direction on the matter regarding the compulsory acquisition process. Section 15(3) Community land may also be converted into public land through transfer and surrender with the approval at least two thirds of the community assembly.

Section 16. Conversion of community land to private land Section 16(1) A community may convert whole or part of its land to private land through transfer with the approval of at least two thirds of the community assembly. Section 16(2) Upon approval under paragraph (1) , a transfer instrument shall be prepared and executed by the Chairman and the Secretary of the community land management committee and presented to the registrar for registration in accordance with the Land Registration Act ("the Community Land Act ();") ( Cap. 300 ). Section 16(3) A community may allocate whole or part of its land to the members in accordance with the Act ("the Community Land Act ();") with the approval of at least two thirds of the community assembly.

Section 17. Conversion of private land to community land Section 17(1) Private land may be converted to community land in accordance with section 25 of the Act ("the Community Land Act ();") and shall be registered in the name of the community. Section 17(2)(a) close the private land register relating to the land and open a community land register; and Section 17(2)(b) issue a certificate of title or certificate of lease in the name of the community as the case may be. Section 17(3) Upon the issuance of a certificate of title or certificate of lease in the name of the community, the community land management committee shall enter the land acquired in the assets register of the community.

Section 18. Conversion of public land to community land Section 18(1) The public land may be converted into community land in accordance with the provisions of the Land Act ("the Community Land Act ();") ( Cap. 280 ). Section 18(2)(a) open a community land register; and Section 18(2)(b) issue a certificate of title or certificate of lease in the name of the community as the case may be. Section 18(3) Upon the issuance of a certificate of title or certificate of lease in the name of the community, the community land management committee shall enter the land acquired in the assets register of the community.

Section 19. Setting a community land for Public purposes Section 19(1) A community may, through the resolution of at least two thirds of the community assembly, set aside land for an identified public purpose. Section 19(2) Where the intended public purpose that was not in the approved development plan, the community shall consult the relevant authority responsible for county planning for direction. Section 19(3) Upon recommendation from the planning authority, the community shall cause the preparation of a physical development plan for the land to be set aside and forward the plan to the relevant county government for approval. Section 19(4) The approved physical development plan for the land to be set aside for public purpose shall be forwarded to the National Land Commission for publication in the Gazette within fourteen days. Section 19(5) After publication in the Gazette , the Commission shall reserve the land to the relevant public entity in accordance with the Land Act ("the Community Land Act ();") ( Cap. 280 ).

Section 27. Community awareness programmes Section 27(1) The Cabinet Secretary shall, in consultation with the county governments, the Commission and other stakeholders, develop and roll out a national programme for public education and awareness on provisions of the Act ("the Community Land Act ();") and the rights of communities over community land within twelve months of the commencement of these Regulations. Section 27(2) County Governments and relevant agencies shall undertake continuous public education and awareness programmes education and awareness. Section 27(3) The awareness programmes to be carried out under paragraph (1) and (2) shall, upon establishment of the community land management committees, be undertaken in liaison with the respective county governments and relevant agencies for continuous implementation of the public education and awareness programme.

Section 28. Fees Section The fees payable under section 48(2)(f) of the Act ("the Community Land Act ();") shall be the fees prescribed in the Sixth Schedule. [L.N. 28/2024, s. 2, L.N. 73/2024, s. 2.]

Section 20. Allocation of community land to community members Section 20(1) A member of a registered community may apply to the community land management committee for allocation of land for a particular use. Section 20(2) The community land management committee shall circulate the application to the members of the community for their consideration and comments within a specified time. Section 20(3) Upon receipt of the presentations from members, the community land management committee shall prepare a report and present it to the community assembly for consideration and approval. Section 20(4) The community land management committee shall communicate decision of the assembly to the applicant within fourteen days of the decision of the community assembly. Section 20(5) Where the allocation is approved, the community land management committee shall demarcate the extent of the rights as approved by the community assembly and issue a certificate of customary use and occupancy to the member in Form CLA 10 and forward the certificate to the registrar for noting in the register. Section 20(6) The community land management committee shall issue a certificate of customary use and occupancy...

Section 21. Principles guiding the management of environment and natural resources Section The community land management committee shall assist and encourage the community to observe the principles of use and management of environment and natural resources in accordance with the provisions of the Act ("the Community Land Act ();") .

Section 22. Requirements for Investor Partnerships Section 22(1) The community assembly may enter into partnerships for purposes of investment and development of community land. Section 22(2)(a) the land is geo-referenced and planned in line with national and county spatial plans; Section 22(2)(b) a description of the property in issue; Section 22(2)(b)(i) a description of the property in issue; Section 22(2)(b)(ii) details of the envisaged investment; Section 22(2)(b)(iii) specify the date, venue and time of the public consultations; and Section 22(2)(b)(iv) a specified period of at least thirty days period for making the representations. Section 22(2)(c) the investor demonstrates and provides evidence of the accruing benefits of the investment to the community. Section 22(3)(a) consult other relevant authorities and technical experts; Section 22(3)(b) analyze the representations and ascertain the view of the community; Section 22(3)(c) take into consideration all other matters required under the Act ("the Community Land Act ();") or any other law; and Section 22(3)(d) determine whether based on the considerations referred to under paragraph (a) and (b) , the land ought to be allo...

Section 23.[Deleted by L.N. 180/2018, r. 2.]

Section 24.[Deleted by L.N. 180/2018, r. 3.]

Section 25. Settlement of disputes Section 25(1) Any disputes arising from community land may be resolved through alternative dispute resolution mechanisms at first instance as provided for in the Act ("the Community Land Act ();") . Section 25(2) Where the community is unable to resolve the dispute arising from community land recognition, adjudication ("the ascertainment of rights and interests in unregistered community land;") and registration process within a registration unit, the complainant shall refer the dispute to the land adjudication ("the ascertainment of rights and interests in unregistered community land;") officer in Form CLA 11 who shall record the dispute in a register in Form CLA 12. Section 25(3) Where the dispute traverses different registration units the claim shall be received and recorded by either of the land adjudication ("the ascertainment of rights and interests in unregistered community land;") officers in charge of any of the affected registration units and copied to the other. Section 25(4)(a) deputy county commissioner who shall be the chairperson of the committee; Section 25(4)(b) two (2) nominees from the county government where the community land i...

Section 26. Conversion of Group Representatives to a Community Section 26(1) The Cabinet Secretary shall cause to be prepared an inventory of all land held under the repealed Land (Group representatives) Act ("the Community Land Act ();") ( Cap. 287 ) (now repealed) indicating their status and forward it to the registrar. Section 26(2) Upon the commencement of these Regulations, the registrar shall notify the group representatives and their members, including those group representatives which had applied for dissolution before the commencement of this Act ("the Community Land Act ();") but had not dissolved, of the requirement to convert into a community. Section 26(3) Within twelve months of the commencement of these Regulations, the groups shall make an application to register as a community. Section 26(4) Upon issuance of certificate of registration ("a certificate issued by the Registrar, upon registration, under sectionof the Act;") , the community's particulars and interest shall be entered in the register in accordance with section 8 of the Land Registration Act ("the Community Land Act ();") ( Cap. 300 ) and thereafter certificate of title or lease issued. Section 26(5) The...