Land Act, 2012 (No. 6 of 2012). | Land Portal

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This Act makes provision for a wide variety of matters regarding public and private land and community land (as defined respectively by Articles 62, 63, 64 and 260 of the Constitution), and in particular provides of the sustainable administration and management of land and land-based resources. It also provides for (compulsory) acquisition of land. The Act consists of 163 sections divided into 11 Parts: Preliminary (I); Management of Public Land (II); Administration of public land (III); Community land (IV); Administration and management of private land (V); General provisions on leases (VI); General provisions on charges (VII); Compulsory acquisition of interest in land (VIII); Settlement programmes (IX); Easements and analogous rights (X); Miscellaneous (XI).The Act sets out the guiding values and principles of land management and administration and requires public officers and institutions to observe such values and principles. As for land tenure, the Act specifies the following forms: (a) freehold; (b) leasehold; (c) such forms of partial interest as may be defined under this Act and other law, including but not limited to easements; and (d) customary land rights, where consistent with the Constitution.The National Land Commission, established by Article 67 of the Constitution, shall manage public land on behalf of the national government and county governments in accordance with this Act and shall prescribe guidelines for the management of public land by all public agencies, statutory bodies and state corporations in actual occupation or use of public land. It shall also take appropriate action to maintain public land that has endangered or endemic species of flora and fauna, critical habitats or protected areas, identify ecologically sensitive areas that are within public lands and make Rules and Regulations for the sustainable conservation of land based natural resources. The Commission may reserve public land and (marine) water bodies for purposes of public interest, including conservation.The Act furthermore provides for, among other things: land allocation and land settlement; creation of the Land Settlement Fund; public rights of way; jurisdiction for purposes of this Act of the Environment and Land Court established in the Environment and Land Court Act; establishment of the Land Compensation Fund; a study to determine the economic viability of minimum and maximum acreages in respect of private land for various land zones in the country; general regulation-making powers of the Commission or the Cabinet Secretary; and offences.

Implemented by: Land (Assessment of Just Compensation) Rules, 2017 (S.I. No. 283 of 2017). (2017-11-21)
Implemented by: Land (Conversion of Land) Rules, 2017 (S.I. No. 282 of 2017). (2017-11-21)
Implemented by: Land (Extension and Renewal of Leases) Rules, 2017 (S.I. No. 281 of 2017). (2017-11-21)
Implemented by: Land Regulations, 2017 (S.I. No. 280 of 2017). (2017-11-13)
Implemented by: Land (Allocation of Public Land) Regulations, 2017 (S.I. No. 284 of 2017). (2017-11-21)
Amended by: Land Laws (Amendment) Act, 2016 (No. 28 of 2016). (2016-08-31)
Amends: Agriculture Act (Cap. 318). (2012)
Repeals: Land Acquisition Act (Cap. 295). (1992)
Repeals: Wayleaves Act (Cap. 292). (2010)

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Govt P 6


Legal Name: The National Council for Law Reporting

Brand Name: Kenya Law

Organization type: A semi-autonomous state corporation

Parent Institution: The Judiciary

Parent Act: The National Council for Law Reporting Act


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