Ecolex Logo
The gateway to
environmental law
Search results » Legislation

Land Laws (Amendment) Act, 2016 (No. 28 of 2016).

Country/Territory
Kenya
Document type
Legislation
Date
2016
Source
FAO, FAOLEX
Original source
Kenya Gazette Supplement No. 149, 7th September, 2016.
Long title
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.
Subject
Forestry, Land & soil, Wild species & ecosystems
Keyword
Community management Sustainable use Private forest Public forest Land reform Land tenure Public land Transfer Legal proceedings/administrative proceedings Offences/penalties Abandoned land/unoccupied land Private land Vested rights/existing rights EIA Gender Ecosystem preservation Special fund Access and benefit-sharing Traditional rights/customary rights Inventory
Geographical area
Africa, Eastern Africa
Entry into force notes
21 September 2016.
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.

Full text
English
Website
www.kenyalaw.org

References - Legislation

Implements

Constitution of Kenya, 2010.

Legislation | Kenya | 2010

Keyword: Protection of environment, Cultural heritage, Human rights, Agricultural development, Policy/planning, Governance, Access-to-justice, Constitutional amendment, Traditional rights/customary rights, Gender, Local government, Property rights, Public participation, Sustainable development, Biodiversity, Pollution control, Environmental planning, Enforcement/compliance, Right to clean/healthy environment, Food quality control/food safety, Right to food, Food security, Land tenure, Institution, Freshwater resources management, Sustainable use, Right to water

Source: FAO, FAOLEX

Amends

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

Legislation | Kenya | 2012

Keyword: Basic legislation, Land tenure, Land reform, Expropriation, Public land, Institution, Land commission, Land-use planning, Lease, Liability/compensation, Special fund, Agricultural land, Cadastre/land registration, Common property, Land consolidation, Right of use, Servitude, Soil conservation/soil improvement, Subdivision of land, Court/tribunal, Legal proceedings/administrative proceedings, Offences/penalties, Traditional rights/customary rights, Community management, Marine area, Management/conservation, Ecosystem preservation, Protected area, Access and benefit-sharing

Source: FAO, FAOLEX

Land Registration Act, 2012 (Cap. 300).

Legislation | Kenya | 2012

Keyword: Cadastre/land registration, Institution, Lease, Subdivision of land, Certification, Court/tribunal, Common property, Land commission, Transfer, Survey/mapping, Servitude, Legal proceedings/administrative proceedings, Offences/penalties

Source: FAO, FAOLEX

National Land Commission Act, 2012 (No. 5 of 2012).

Legislation | Kenya | 2012

Keyword: Land tenure, Institution, Land commission, Agricultural land, Policy/planning, Cadastre/land registration, Dispute settlement, Public land, Traditional rights/customary rights, Vested rights/existing rights, Gender

Source: FAO, FAOLEX