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Land in Kenya is classified into three major categories that include:- - Public Land - Private land and; - Community land Community land is land that vests and is held by communities identified on the basis of ethnicity, culture or similar community of interest. It consists of; - Land lawfully registered in the name of group representatives under the provisions of any law; - Land that is lawfully transferred to a specific community by any process of law; - Any other land declared to be community land by an Act of Parliament; and - Land that is- • Lawfully held, managed or used by specific communities as community forests, grazing areas or shrines; • Ancestral lands and lands traditionally occupied by hunter-gatherer communities; or • Lawfully held as trust lands by the county governments The above description and provisions of community land are provided for in Chapter 5 Cap 63 of the Kenyan constitution. Subject to subsection (4) of the Community Land Bill of 2011, Community Land Boards are to be established by the cabinet secretary in charge of The Lands Ministry. In this Act, a Community is defined as a clearly defined group of users of land, which may, but need not be, a clan or ethnic community. These groups of users hold a set of clearly defined rights and obligations over land and land-based resources. Functions of the Community Land Boards are:- - To exercise control over the allocation and cancellation of customary land rights by land administration committees ; - To consider and decide on applications for a right of leasehold over community land; - To establish and maintain a register and a system of registration for recording the allocation, transfer and cancellation of customary land rights and rights of leasehold under the Community Land Bill Act, 2011; - To hold and manage community land on behalf of these communities - To regulate all transactions relating to community land and to facilitate the recording and issuance of title in community land. - To advise the cabinet secretary, either of its own motion or at the request of the Cabinet Secretary, in connection with the making of regulations or any other matter pertaining to the objectives of the Community Land Bill Act, 2011; and - To perform such other functions as are assigned to a board by the Act. Members that comprise the Community Land Boards are appointed by the Cabinet Secretary in charge of The Lands Ministry and includes but not limited to:- - Community representative - County governor - Two women engaged in local activities of the area - Two women with expertise in functions of a board - Staff member from the public service that include • A member nominated by Cabinet Secretary in charge of local governments; • A member nominated by Cabinet Secretary responsible for land matters; • A member nominated by Cabinet Secretary in charge of environmental matters • A member nominated by Cabinet Secretary responsible for agriculture - A person nominated by a council of elders of a community. Author Bio Investing in real estate is a wealth builder for many a people and the property market in Kenya is in an upswing with more and more citizens delving into the market, especially the land buying and selling market. Build your wealth, find and buy property in Kenya today.
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