Lesson 1, Topic 1 of0

14.3 Property in land; Private, public and community land

Property law is in Kenya is governed by the Land act, 2012, Article 63 of the Kenyan Constitution and Community Land Act, 2016.

Private land

It consists of:

-Registered land held by any person under any freehold tenure

-Land held by any person under leasehold tenure

-Any other land declared private land under an Act of parliament

Public land

This refers to land;

-land lawfully held or occupied by any state organ

-land transferred to the state by way of sale, reversion or surrender

-land in respect of which no heir can be identified by any legal process

Community land

This consists of land lawfully;

  • transferred to a specific community by any process of law
  • registered in the name of group representatives under provisions of any law