All land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals.
Land in Kenya is classified into three groups:
1. Public Land;
2. Private Land;
3. Community Land.
Public land is defined pursuant to Article 62 of the Constitution and includes;
1. Alienated land.
2. Land occupied by a State organ.
3. Land transferred to the State.
4. Land to which no heir can be identified
5. Minerals
6. Forests
7. Reserves
8. National parks
9. Water catchment areas
10. Sea
11. Lakes
12. Rivers
13. Land between high water mark and low water mark,
14. Land not classified as private land or community land.
The National Land Commission is responsible for administration of public land.
Community land is defined pursuant to Article 63 of the Constitution and includes;
1) Land lawfully registered in the name of group representatives.
2) Land lawfully transferred to a specific community.
3) Land declared to be community land by an Act of Parliament.
Community land is managed in accordance with the law enacted pursuant to the Constitution.
Private land includes;
1. Registered land held by any person under freehold tenure.
2. Land held by any person under leasehold tenure.
3. Land declared private land under any Act of Parliament.
Note: Land can be converted from one category to another.
1. Public Land;
2. Private Land;
3. Community Land.
Public land is defined pursuant to Article 62 of the Constitution and includes;
1. Alienated land.
2. Land occupied by a State organ.
3. Land transferred to the State.
4. Land to which no heir can be identified
5. Minerals
6. Forests
7. Reserves
8. National parks
9. Water catchment areas
10. Sea
11. Lakes
12. Rivers
13. Land between high water mark and low water mark,
14. Land not classified as private land or community land.
The National Land Commission is responsible for administration of public land.
Community land is defined pursuant to Article 63 of the Constitution and includes;
1) Land lawfully registered in the name of group representatives.
2) Land lawfully transferred to a specific community.
3) Land declared to be community land by an Act of Parliament.
Community land is managed in accordance with the law enacted pursuant to the Constitution.
Private land includes;
1. Registered land held by any person under freehold tenure.
2. Land held by any person under leasehold tenure.
3. Land declared private land under any Act of Parliament.
Note: Land can be converted from one category to another.
