1 ACQUISITION & REGISTRATION OF REGISTERED COMMUNITY LAND IN KENYA
Communications Manual to Aid
Key & Vulnerable Populations to
Counter Opposition Messaging
and Decrease Opposition Influence
ACQUISITION & REGISTRATION OF REGISTERED COMMUNITY LAND IN KENYA 2
3 ACQUISITION & REGISTRATION OF REGISTERED COMMUNITY LAND IN KENYA
Table of Contents
Intepretation of Terms........................................................................... 4
Chapter One........................................................................................ 5
1.1 Introduction................................................................................... 5
1.2 Purpose.. ........................................................................................ 5
1.3 Effect of Registration....................................................................... 5
Chapter Two.. ....................................................................................... 7
Procedure for Registering a Registered Community Land.. ......................... 7
Step One - Registration Of The Communty.............................................. 7
Step Two - Notice Of Public Meeting...................................................... 8
Step Three - Election Of Communty Land Management
Committee........................................................................................... 8
Step Four - Registering The Community Land........................................... 9
Common Questions............................................................................. 11
References.......................................................................................... 13
Anexures: Cla Forms............................................................................ 14
ACQUISITION & REGISTRATION OF REGISTERED COMMUNITY LAND IN KENYA 4
Understanding Basic Terms
“Community” means an organized group of people using
community land, who are citizens of Kenya and share any of the
following things -
a. common ancestry;
b. similar culture or unique mode of livelihood;
c. socio-economic or other similar common interest;
d. geographical space;
e. common environmental; or
f. ethnicity.
“Community assembly” means a gathering of registered adult
members of a community convened for the purpose of discussing
issues related to community land (just indicate the purpose)
“Community land” means a territorial rural land that is in possession
or under the control of a community or group representative as a
forest, grazing area, shrine, or for related use.
“County Government” means the public administration of
a specific county to which the Community Land Act applies.
The county consists of two arms: the County Assembly, which
exercises the representative, legislative and oversight authority of
the government; and the County Executive which exercises the
executive authority of the county government.
“Court” means the Environment and Land Court or any other court
gazzeted to hear land matters
“Registrar” means the Registrar of community land
“Registered community” means a a group of people with shared
interest on community land and have registered that interest on
land.
5 ACQUISITION & REGISTRATION OF REGISTERED COMMUNITY LAND IN KENYA
1.1 Introduction
CHAPTER Community land registration process is governed by the Community
ONE Land Act, No. 27 of 2016 to provide for the recognition, protection
and registration of community land rights; management and
administration of community land; to provide for the role of county
governments in relation to unregistered community land and for
connected purposes.
1.2 Purpose
This booklet has explained the procedure for registration of
community under the Community Land Act. The procedures have
been synthesized and explained in a manner that has considered
the challenges that most community members have faced in
their attempts at registering community land. The booklet has
comprehensively covered all forms of land that fall within the
community land Act.
Any person who interacts with this booklet will be familiar with
both the process of registering community land and the common
terms used in the process of registering land. It has specifically
covered the core areas of:
a. Registering of a community.
b. Establishing the CLMC.
c. The role of both the CLMC and the community assembly.
d. Management of community land
e. Registration of different types of community land
f. The pivotal role of the Community Land Registrar
g. Applying for registration
h. Dispute resolution module
i. Registration of community land.
This booklet is therefore a simple and suitable guide for both
practitioners and community members in guiding them through
the community land registration process.
1.3 Effect of Registration
Section 5(3) of the Act provides that conversion of the registered
community land, non-registered community land and group
ranches would have equal force and effect in law like freehold or
lease hold titles under the law. The NLMC would have no power to
dispose of the community land unless it obtains a super majority of
2/3 of the members to approve such a transaction.
The Registrar will not approve an NLMC that is not representative
of the Women, youth, minority, persons with disabilities and
marginalized groups who have the right to equal treatment in all
dealings in community land. A registered community shall not
ACQUISITION & REGISTRATION OF REGISTERED COMMUNITY LAND IN KENYA 6
directly or indirectly discriminate against any member of the
community on any ground including race, gender, marital status,
ethnic or social origin, colour, age, disability, religion or culture.
This ensures that all decisions in regard to community land is
inclusive and comprehensive. This would also make it difficult
for communities that have scant respect for women and children
to find it very difficult to register an interest in community land
until such time that they are able to adopt a paradigm shift in their
cultural practices.
A person convicted of an offence under the Act for which no
other penalty is provided shall be liable to a fine not exceeding
five hundred thousand shillings or to imprisonment for a term not
exceeding three years, or to both.
This booklet provides information on the step by step followed to
register community land.
7 ACQUISITION & REGISTRATION OF REGISTERED COMMUNITY LAND IN KENYA
2.0 Procedure for Registering a Registered
CHAPTER Community Land
TWO A Registered community land is piece of land that has been registered
and certificate of title has been issued. The title could be in the name of a
community or a private person.
STEP 1: Registration of the community
A community that intends to register its interests in a communal land must first of all be registered. The
registration process of a community shall follow the following general procedure:
a. The members of the community shall meet and pass a resolution of their intention to register
their interests in the community land.
b. The community shall notify the community land Registrar (the Registrar) of their intention to
register a communal land. This is intended to help them obtain confirmation that the land is
suitable for registration.
c. The community will call for a meeting where they will introduce the issue of registration and
also elect interim officials to help them kick start the process.
d. Hold meetings to;
i. Carry out public education and awareness in the community on the need to register the
community land.
ii. Convince a majority to agree on the need to register their interest in land.
iii. Ensure that everyone understands the registration process in a manner that can make it
possible for them to participate in the subsequent community discussions. The process
must ensure the participation of women, children and persons with disability in the
making of main decisions.
iv. The community must in particular be educated on the effects of the registration, role of
the County Assembly, the powers that CLMC shall have over the entire process and the
criteria for election of members into the CLMC.
e. After the public education and awareness is completed to the satisfaction of the community
members, then the community could proceed to hold an introductory public meeting to formally
introduce the issue of the intended registration of land.
f. Before the decision to register the land is made the number of elders in the community will be
verified and compiled in the Register of community members. This could be done by the elders
or by an interim leadership that has been formed to commence the process. The decision to
register land will thereafter be made on a consensus basis, or on a majority basis if a consensus
is not obtained.
g. The interim officials would notify the Registrar once the decision is made. The notice which
will be accompanied by the prescribed fees shall be made in duplicate using a prescribed Form
which must be signed by at least 15 members of the community. FORM CLA 3 See attached.
ACQUISITION & REGISTRATION OF REGISTERED COMMUNITY LAND IN KENYA 8
STEP 2: Notice of Public Meeting
a. Once the notice from the Community is received, the Registrar shall issue a notice in at least
one newspaper of nationwide circulation and a radio station of nationwide coverage inviting
all members of the community to a public meeting. The local model of reaching all community
members like chief’s barazas and fixing of notices in places that are frequently visited by the
locals like the chief’s office, County offices sub-county offices, Ward offices and other strategic
places would also be adopted to ensure that all members attend the meeting.
b. The Registrar will issue the same notices to the national government administrators, county
government administrators and influential leaders like church elders and politicians in the area
where the community land is located.
c. The main agenda of the meeting would be for the Registrar to:
i. ensure that the community is well informed and is aware of the process they are about
to undertake,
ii. Agree on the procedure for election of Community Land Management Committee
(CLMC)
iii. Agree on the number of CLMC members
iv. Agree on qualification and criteria for the CLMC members. comply with the two third
gender rule, fair administrative action, the national values and principles of governance
and the principles of land policy. This will be contained in the community’s constitution.
v. Preside over the election of the Community Land Management Committee (CLMC)
together with the National Cunty Administrators, the County Executive member
responsible for land and the sub-county administrators of the area where the land is
located.
d. When convened, the meeting shall become a Community Assembly meeting that is presided
over by the Registrar or a public officer that he has appointed in writing.
STEP 3: Election of Communty Land
Management Committee
a. All adult members of the community qualify to be CLMC members except those that do not
meet the qualification of Chapter 6 of the constitution.
b. Election shall be done by secret ballot.
c. The membership of CLMC can be between 7 to 15 members.
d. The CLMC shall appoint its Chairperson and Executive Committee at its first meeting.
e. The CLMC members shall serve a term of 3 years. However only a third of the members shall
cease to hold office at the 1st election to ensure continuity in the office. The members who shall
retire first shall be determined by the CLMC members by a cast of a ballot at their first meeting.
Two thirds of the members shall be up for election in the subsequent CLMC elections.
9 ACQUISITION & REGISTRATION OF REGISTERED COMMUNITY LAND IN KENYA
f. A CLMC member who dies in office or ceases to hold office for whatever reasons shall be
replaced by the members through a process that is espoused in their constitution.
g. The list of officials and minutes of election shall be forwarded to the Registrar. This makes it
possible to henceforth verify the legitimacy of the people that he shall work with into the future.
The Registrar must also be notified of any changes to the CLMC.
h. The new CLMC member will take up office once the Registrar has effected the changes.
i. The Notice of replacement of a member of the CLMC shall be served on the Registrar vide a
prescribed form within 28 days of such a resolution. (FORM CLA 2) see attached at the back
j. The main function of CLMC are:
i. Registering the community
ii. Registering the community land
iii. Managing the community land
iv. Execute all documents in relation to the community land
v. Keep the registration document for the community land.
vi. Come up with name for community land.
vii. Keep register of all member
viii. Develop all governance instruments for the community
STEP 4: Registering the Community Land
a. Community should debate and agree on a name presented to it by the CLMC. The name shall
give it a corporate identity from which it can sue and be sued.
b. Community should approve all governance documents required for registration which includes
the Community’s constitution, its rules and regulations and an updated list of all community
members.
c. The CLMC shall pay the prescribed fees and apply for the registration of the community land
using a prescribed form. (FORM CLA 1) the following shall accompany the application:
i. The name used by the community is unique and not in use by any other community.
ii. All the requirements in the Act and the community’s constitution have been met.
iii. The Constitution, Rules and regulations and other governance instruments presented to
him are acceptable in form and substance.
iv. The land has not been committed for public purpose use or is registered to other parties.
d. The Registrar shall satisfy himself that:
i. The name used by the community is unique and not in use by any other community.
ii. All the requirements in the Act and the community’s constitution have been met.
iii. The Constitution, Rules and regulations and other governance instruments presented to
him are acceptable in form and substance.
iv. The land has not been committed for public purpose use or is registered to other parties.
e. The Registrar shall proceed to issue the title of the interest sought in the name of the community
subject to any conditions that he may deem fit. (FORM CLA4)
ACQUISITION & REGISTRATION OF REGISTERED COMMUNITY LAND IN KENYA 10
f. The title of registration shall be held in trust by the CLMC for the benefit and use of the community.
g. In the event that the registration is declined, then the Registrar shall give reasons for his decision.
The NLCM will be at liberty to resolve the issue using the available negotiation mechanisms.
11 ACQUISITION & REGISTRATION OF REGISTERED COMMUNITY LAND IN KENYA
CHAPTER Common Questions
THREE
What is community land? Community land consists of the land lawfully registered in
the name of group representatives under the repealed Land
(Group Representatives) Act Cap 287. ; land that has been
transferred to a specific community; 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 land lawfully held as trust land by the
county governments.
Can community land be No, it cannot be passed to a third party without members
transferred to a 3rd party informed consent.
without my knowledge?
Can community land be Yes, this may be done through compulsory acquisition,
converted to private or transfer, surrender or allocation by the CLMC provided that
public land? approval of both the Community Assembly and the County
Assembly is obtained.
Are women allowed to be Yes. The composition of the CLMC is required to be compliant
members of the CLMC? with the constitutional requirements of ensuring that at least a
third of its membership is made up of persons of the opposite
gender. This requirement shall be enforced by the Registrar
and the County Executive in charge of land matters in the
area where the land is located.
Can a community land be Alternative dispute resolution mechanisms of mediation
registered if the Community and arbitration shall be applied to resolve the dispute. If no
assembly are in conflict consensus is obtained then the issue shall be presented to a
and unable to agree to the vote at the Community assembly and the registration process
registration? will go on if 2/3 of the members give CLMC the approval to
proceed with the registration process.
Do members who are Yes, they can petition the Environment and Land Court to
opposed to the registration stop the registration or any other ongoing process.
process of the community
land have any legal
alternative once they lose
the vote at the Community
assembly?
ACQUISITION & REGISTRATION OF REGISTERED COMMUNITY LAND IN KENYA 12
Have community land The government has appointed and gazetted over 100
registrars been appointed? community land registrars and published gazette notices
for the appointment of the community land adjudication
officers for 24 Counties where community land ownership
is prevalent.
Is the County government Yes, it is required to provide budgetary support to help in
involved in the community the registration process, civic education, facilitating the
land registration process? publication of any gazette notices, facilitate and support
the appointment of CLMC, coordinate the convention of
the community assembly, mediate on dispute resolution
processes, protect community land pending the registration
process and approving any legislations that could help
support this registration process.
Can community land be Yes, and the benefits of the resources exploited from the land
allotted to an investor? shall be negotiated pursuant to Article 71 of the Constitution,
provided that at least 30% of such investment income shall
be allocated to the community.
13 ACQUISITION & REGISTRATION OF REGISTERED COMMUNITY LAND IN KENYA
References
i. Constitution of Kenya 2010 2.
ii. The Land Act, 2012 3.
iii. The Community Land Act 2016.
iv. The Land Act, No. 6 of 2012
v. The Land Registration Act, No. 3 of 2012
vi. Kenya Land Alliance, A Guide on Public Land Acquisition Within Community Land.
vii. Thomas Reuters Foundation –A historic step towards securing Community Land Rights
viii. National Land Commission, Frequently Asked Questions on Land Matters Booklet
ACQUISITION & REGISTRATION OF REGISTERED COMMUNITY LAND IN KENYA 14
Anexures: Cla Forms
FORM CLA 1 (r. 3(I))
REPUBLIC OF KENYA
MINISTRY OF LANDS AND PHYSICAL PLANNING
APPLICATION FOR RECOGNITION OF INTEREST/ CLAIM ON COMMUNITY LAND
To: The Registrar of ………………………………………………..................
We the......................................................community, hereby apply for recognition of our interest/
claim in the
community land referred to herein.
Our interest/ claim are as shown in the attached sketch diagrams /maps/plans and described in the
Schedule.
Schedule
Details of the Applicant(s)
Name of Persons/Group/Community:…………………………………………………......
Registration No.:……………………………………………………………………….........
Postal/Email Address:………………………………………………………………….........
Tel. No.:………………………………………………………………………………..........
Dated at…………......……… this……………… day of …………………20………….…
Signature of Chairperson
...........................................................................................
For Official Use Only:-
………………………………………………………………………………………………………………
………………………………………………………………………………………………………………
………………………………………….......................................................................................……
Signed ……………………………..
Registrar…………………………..
15 ACQUISITION & REGISTRATION OF REGISTERED COMMUNITY LAND IN KENYA
FORM CLA 2 (r. 7(2))
REPUBLIC OF KENYA
MINISTRY OF LANDS AND PHYSICAL PLANNING
Notification of Change in Composition of community Land Management Committee
To: The Community Land Registrar
We, the undersigned Community Land Management Committee do hereby give notice that by reason
of death/retirement/removal/resignation/other of:
a. …………………………………………………...........................................
b. .:………………………………………………………………………............
c. ………………………………………………………………….....................
The community assembly vide a resolution passed on the day of............................ 20......... elected the
following to be a member(s) of the community land management committee in replacement thereof:
Name Addresses Occupation Age Signature
................................... .......................... ............................ ............. ..........................
................................... .......................... ............................ ............. ..........................
................................... .......................... ............................ ............. ..........................
................................... .......................... ............................ ............. ..........................
................................... .......................... ............................ ............. ..........................
................................... .......................... ............................ ............. ..........................
................................... .......................... ............................ ............. ..........................
................................... .......................... ............................ ............. ..........................
...............................
A certified true copy of the resolution passed at the said assembly is hereby attached to this notice.
Dated this...............day of .....................................................20....................
Name Signature
............................................................................ ...............................................................
............................................................................ ...............................................................
............................................................................ ...............................................................
............................................................................ ...............................................................
............................................................................ ...............................................................
............................................................................ ...............................................................
............................................................................ ...............................................................
ACQUISITION & REGISTRATION OF REGISTERED COMMUNITY LAND IN KENYA 16
FORM CLA 3 (r. 8(2))
REPUBLIC OF KENYA
MINISTRY OF LANDS AND PHYSICAL PLANNING
Application for Registration of a Community
To:
The Community Land Registrar
P.O. Box .................
Nairobi.
We the undersigned community land management committee hereby inform you that at a community
assembly held at ........................ on the .............................. day of .............. 20. in accordance with
section 7 of the Community Land Act, 2016 rules and by-laws were adopted. The draft rules and
by-laws of the Community are attached to this application together with a register of the proposed
members and a certified true copy of the minutes of the said meeting. We hereby apply under section
7(6) of the Community Land Act, 2016, for registration of the.............................................................
Community.
The following are particulars of the community:—
a. The name of the community ………………………….................................
b. Description of the area determined in accordance with the Community Land Act, 2016………
………………………………................................
c. Registered office of the community (if any) ………………..........................
d. Postal address of the community ……………………….............................
e. Object and purpose of the community ………………………........................
f. Names, addresses, occupations and dates of birth of the community land management
committee
Name Addresses Occupation Age Signature
................................... .......................... ............................ ............. ..........................
................................... .......................... ............................ ............. ..........................
................................... .......................... ............................ ............. ..........................
................................... .......................... ............................ ............. ..........................
................................... .......................... ............................ ............. ..........................
................................... .......................... ............................ ............. ..........................
................................... .......................... ............................ ............. ..........................
................................... .......................... ............................ ............. ..........................
Provision is made in the draft rules and by-laws of the community for all other matters connected
with the community and its functions.
Date ............................................
*To be signed by all the members of community land management committee
17 ACQUISITION & REGISTRATION OF REGISTERED COMMUNITY LAND IN KENYA
FORM CLA 4 (r. 8(4))
REPUBLIC OF KENYA
MINISTRY OF LANDS AND PHYSICAL PLANNING
Certificate of Registration
Registration No. .............
I hereby certify that the Community under the name of.............................................
.............................................................................. community and its rules and by- laws have this day
been registered by me in the Community Register in pursuance to the provisions of the Act and the
Regulations made thereunder.
Given under my hand at ........................... this ................ day of ........................, 20….....
.........................................................
Community Land Registrar
ACQUISITION & REGISTRATION OF REGISTERED COMMUNITY LAND IN KENYA 18
FORM CLA 8 (r. 12(6))
REPUBLIC OF KENYA
MINISTRY OF LANDS AND PHYSICAL PLANNING
Application for Recognition and Adjudication of Claim on Community Land
To: The Registrar of ……………………………
Details of the Applicant(s)
Name of Community: …….…………………………………………………………...
Registration No.: ……………………………………………………………………….
PIN No: ………………………………………………………………………………...
Postal/Email Address: ………………………………………………………………….
Tel. No.: ………………………………………………………………………………...
We, the above named Community situated within …………………………(locality)
in………………….....................County hereby apply for recognition and adjudication of community
land rights over the parcels of land shown in the attached sketch diagrams/maps/plans. The description
of the parcels is as follows:-
i. …………………………………………………..........................................................................
ii. .:………………………………………………………………………...........................................
iii. …………………………………………………………………....................................................
Current use of the land………………………………………………………..........................................
Dated at…………… this………… day of …………………………20………
………………………………………………………..
Signature of Applicant
----------------------------------------------------------------------------------------------------
For Official Use Only:-
…………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………
…………………..................................................................................................................................
Signed ……………………………..
For: Chairman,
Community Land Management Committee
19 ACQUISITION & REGISTRATION OF REGISTERED COMMUNITY LAND IN KENYA
ACQUISITION & REGISTRATION OF REGISTERED COMMUNITY LAND IN KENYA 20
NAIROBI OFFICE
Kuwinda Lane, Off Lang’ata Road, Karen C
P O Box 112 - 00202, KNH Nairobi
Tel: +254 020 2515790
Mobile: +254 710 261 408 / +254 788 220 300
Fax: 020 386 1390
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