Land Laws (Amendment) Act, 2016 (No. 28 of 2016).
Country
Type of law
Legislation
Abstract
The Land Laws (Amendment) Act, 2016 lays down amendments to the Land Act, 2012, Land Registration Act, 2012 and the National Land Commission Act, 2012. The aim is to provide for the sustainable and productive management of land resources. The Act applies to public land, private land and community land as categorized in articles 62, 63 and 64 of the constitution. Article 67(2)(e) requires the Land Commission to initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress. The Act places restrictions on transactions in "controlled land". No transaction in controlled land, including a transfer for a consideration or by way of trusts, gift inter vivos or otherwise to an ineligible person, shall be dealt with without the prior written approval of the Cabinet Secretary. The Act also concerns the prohibition of unlawful occupation of private community or public land and eviction from such lands.
Implementation of forestry policies and programmes for forests on public land shall be the responsibility of each level of government:forests on public land identified under Article 62 (1) (g) of the Constitution vests in the National Government and are administered by the National Land commission (NLC), while public land identified under Article 62 (2) (a) and (b) vests in the County Governments and is administered by the NLC on their behalf. Public land that falls within forest and wildlife reserves, mangroves and wetlands or their buffer zones as well as environmentally sensitive areas will not be allocated (see Section 12).
Further provisions concern the inventory of all land based natural resources (Section 15), Environmental Impact Assessment (EIA) to accompany land development plans (Section 17) and the Land Settlement Fund which is established to access land for conservation (Section 135).
Implementation of forestry policies and programmes for forests on public land shall be the responsibility of each level of government:forests on public land identified under Article 62 (1) (g) of the Constitution vests in the National Government and are administered by the National Land commission (NLC), while public land identified under Article 62 (2) (a) and (b) vests in the County Governments and is administered by the NLC on their behalf. Public land that falls within forest and wildlife reserves, mangroves and wetlands or their buffer zones as well as environmentally sensitive areas will not be allocated (see Section 12).
Further provisions concern the inventory of all land based natural resources (Section 15), Environmental Impact Assessment (EIA) to accompany land development plans (Section 17) and the Land Settlement Fund which is established to access land for conservation (Section 135).
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Long title of text
An Act of Parliament to amend the laws relating to land to align them with the Constitution, to give effect to Articles 68(c)(i) and 67(2)(e) of the Constitution, to provide for procedures on evictions from land, and for connected purposes.
Date of text
Entry into force notes
21 September 2016.
Repealed
No
Serial Imprint
Kenya Gazette Supplement No. 149, 7th September, 2016.
Source language
English
Legislation Amendment
No
Amends
Implements