LAND GOVERNANCE

FREQUENTLY ASKED QUESTIONS ON LAND BOOKLET

20th March 2025

 TABLE OF CONTENTS
FOREWARD ............................................................................................................................................... ii
DEFINITION OF TERMS........................................................................................................................ iii
LIST OF ACRONYMS .............................................................................................................................. v
FREQUENTLY ASKED QUESTIONS ON LAND ADMINISTRATION PROCESSES ................... 1
Lease Processes........................................................................................................................................ 4
Subdivision and Amalgamation ............................................................................................................. 5
Change of Use .......................................................................................................................................... 8
Restraint of Land .................................................................................................................................. 10
Restriction.............................................................................................................................................. 11
Freehold or Leasehold Conversion...................................................................................................... 12
Land Conflict Prevention Mechanisms ............................................................................................... 20
FREQUENTLY ASKED QUESTIONS ON COMPULSORY LAND ACQUISITION..................... 24
FREQUENTLY ASKED QUESTIONS ON COMMUNITY LAND ................................................... 30
FREQUENTLY ASKED QUESTIONS ON GENDER LAND RIGHTS ............................................ 38
Children Land Rights ........................................................................................................................... 39
Land Rights of Marginalized Communities / Minority Groups ....................................................... 40
FREQUENTLYS ASKED QUESTIONS ON SUCCESSION AND WILLS IN RELATION TO
LAND ......................................................................................................................................................... 41
The Will ................................................................................................................................................. 42
The Process of Succession .................................................................................................................... 45
FREQUENTLY ASKED QUESTIONS ON LAND DISPUTES & CONFLICTS RESOLUTION .. 48
Land Conflict......................................................................................................................................... 48
FREQUENTLY ASKED QUESTIONS ON HISTORICAL LAND INJUSTICES IN KENYA ....... 53
FREQUENTLY ASKED QUESTIONS ON DIGITAL LAND SYSTEMS ......................................... 58
REFERENCES .......................................................................................................................................... 65

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 FOREWARD
Land is one of the most critical resources for a country's economic development, social stability,
and cultural identity within communities. Effective land administration is essential for ensuring
tenure security, equitable access to land and resources, and sustainable land use. However, many
citizens, communities, and institutions often face challenges in understanding the complexities of
land matters, as well as the legal and institutional frameworks governing land in Kenya.
This Frequently Asked Questions (FAQs) document has been developed by a team of land experts
from the National Land Commission, the Ministry of Lands, Housing and Urban Development,
the Council of Governors, and the Food and Agriculture Organization of the United Nations
(FAO), with support from the Digital Land Governance Program (DLGP). The document offers
clear, concise, and accessible responses to common inquiries on key land-related issues, including
land administration, community land, gender and land rights, succession and wills, compulsory
land acquisition, land disputes, historical injustices, and the role of digital systems in modern land
governance in Kenya. The questions addressed in this document reflect the most frequently raised
concerns by the public.
This document is relevant to individuals in the land sector, landowners, communities, the public,
community groups, investors, legal practitioners, policymakers, non-state actors and other
stakeholders seeking to understand land matters and the procedures governing land ownership,
tenure security and transactions. By simplifying complex land matters, we aim to bridge the
knowledge gap, promote transparency, and strengthen the governance of land resources for
sustainable development in line with the Sustainable Development Goals (SDGs).
We trust that this FAQ guide will serve as a valuable resource in promoting informed land
governance, equitable access to land rights, and tenure security.

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DEFINITION OF TERMS
Boundary - The line which separates property in one ownership from its neighbour(s); it is
therefore the limit in all directions to which the ownership extends.
Building code – A set of rules and regulations that specifies minimum standards of construction
for building to protect public safety and health.
Building permit - Written Governmental permission for the construction, alteration or demolition
of an improvement, showing compliance with building codes and zoning ordinances.
Cadastral map - A map showing the boundaries of property ownership for the recording of title
and for taxation purposes.
Cadastral survey - A survey carried out to record the boundaries of a property on a plan
Charge - means an interest in land securing the payment of money or money’s worth or the
fulfilment of any condition and includes a surcharge and the instrument creating a charge.

Development permission - means approval granted by a planning authority for development, with
or without conditions, after submission of a development application;
Easements - This is a non-possessory interest in another’s land that allows for the use of the land
to a particular extent, requires the proprietor to use the land in a particular manner, and shall not
include 12 Know your Land Rights a profit. For example, one that allows the underground services
(water, drainage, gas, electricity, telephone and cables, etc.) to pass beneath the land of one or
more neighbouring properties.
Geo-reference - means reference to an object by a specific location either on, above or below the
earth’s surface.

Joint tenancy - A form of joint ownership having four requisites (known as the "four unities")
namely.
− Possession, each tenant being entitled to the whole land.
− Interest, each having the same estate or interest.
− title, each holding under the same instrument and
− Time, each holding for the same duration of the estate or interest.
Land rates – Levies imposed on freehold and leasehold tenures by the county authority to cater
to social amenities in the areas where said land is located.

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Land rent - Fee charged on leasehold property at a rate predetermined by the lessor, in most cases,
the government.
Practising valuer - means a person who carries out and prepares valuations in respect of any type
of movable or immovable property;

Registered physical planner - means a person who is holding a certificate as a registered physical
planner under section 7 of the Physical Planners Registration Act, 1996;

Restrictive Covenants: these are provisions meant for restriction on use of land so that the value
and enjoyment of adjoining land is preserved. They limit what the owner of the land may do with
the land in relation to the neighbourhood and may specify the exact user standards to be honoured.
They are perpetual and run with the land. Restrictive covenants are typically used in land
development to establish minimum sizes for dwelling units, setback lines, and aesthetic
requirements that enhance the neighbourhood
Stamp duty - charged on various instruments, including land during transfers – with a few
exemptions. Land within municipalities is charged 4% of the purchase price after valuation and
2% when located away from municipalities. Land sold to charitable organizations, transfers
between spouses, transfers between a holding and subsidiary, and transfers between family
members are exempt from stamp duty.
Surveyor - means a government surveyor or a licensed surveyor
Tenure - The basis upon which property is held e.g. freehold or leasehold.
Term - The duration of a lease. The term commences from the date specified in the lease, which
is not necessarily the date when the document is executed or registered.

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LIST OF ACRONYMS
CECM County Executive Committee Member
DLGP Digital Land Governance Programme
FAO Food and Agriculture Organization of the United Nations
KRA Kenya Revenue Authority
LA22 Linear Actuator 22
LA23 Linear Actuator 23
LA29 Linear Actuator 29
NLC National Land Commission
PDPs Part Development Plans
PLUPA Physical and Land Use Planning Act

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FREQUENTLY ASKED QUESTIONS ON LAND ADMINISTRATION PROCESSES

1.0 What are the various categories of Land in Kenya?

There are three categories of land namely private, public and community land as defined in the
Constitution of Kenya, 2010.
a. Public land: Its land that belongs to the people held in trust by either the County or National
Government under the provisions of the Constitution of Kenya (2010).
b. Private Land: Its land held by an individual, groups of people or company under any
freehold tenure, leasehold tenure and under any other relevant Act of Parliament.
c. Community Land: Its land held by communities identified on the basis of ethnicity, culture
or similar community interest.
2.0 Conversion of Land
a) How can public land be converted to private land?

Public land may be converted to private land by alienation.

b) How can public land be converted to community land?

Public land may be converted to community land through proclamation or restitution.

c) How can community land be converted to public land?

Community land can be converted to public land through compulsory acquisition, setting apart,
transfer or surrender.

d) How can community land be converted to private land?

Community land can be converted to private land through transfer, allocation by a registered
community.

e) How can private land be converted to community land?

Private land can be converted to community land by transfer, surrender or operations of any
written law.

f) How can private land be converted to public land?

Private land can be converted to public land through compulsory acquisition, reversion of
leasehold interest to Government, transfer or surrender.

3.0 What are the forms of land tenure in Kenya?

a. Freehold: It is where an individual, group of people or company has absolute ownership
on the use and disposal of land subject to government interest and the right of other users.

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 b. Leasehold: This is the interest in land for a specific period subject to payment of statutory
levies and compliance with the relevant Terms and conditions. The maximum term of
government leases is 99 years.
c. Customary: Means rights derived from African Customary Law, customs or practices
where consistent with the Constitution or any other written law.
4.0 What are limitations to use or ownership rights of land?
The state may regulate the use of any land or any interest in or right over any land in the interest
of defence, public safety, public order, public morality, public health or land use planning.
5.0 How can one acquire land in Kenya?
Land in Kenya can be acquired through;
a. Allocation - legal process of granting rights to an individual, groups of people or
company on defined public land.
b. Land adjudication process - Land adjudication refers to the process of determining and
recording of rights and interests of individuals on registered community/ trust land to
facilitate registration of title.
c. Compulsory acquisition - means the power of the State to deprive or acquire any title
or other interest in land for a public purpose subject to prompt and just payment of
compensation.
d. Prescription – can also be referred to as adverse possession. Provides that, when a
person dwells on a parcel of land for a lengthy, continuous, uninterrupted period, they
acquire proprietary rights over the property. In Kenya, this period is set at 12 years.
e. Settlement programs - to a government initiative where land is allocated to landless
individuals or communities.
f. Transmissions/Succession – Is the process of transfer of interests (Rights, Restrictions,
and Responsibilities) in land from a deceased person (a person registered as the
proprietor) to his/her heirs after issuance and registration of Letters of Administration
& Confirmation of Grant by the relevant court.
g. Transfers – Is a Process of passing interests (Rights, Restrictions, and Responsibilities)
in land from one party to another either by way of sale or gifting.

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6.0 How do I get allocated public land?
An individual, groups of people or company can be allocated public land through the following
ways:
i. Recommendation for allocation to the National Land Commission, from the County
Executive Committee Member or the Cabinet Secretary responsible for matters relating to
land.
ii. An individual, groups of people or company applying for allocation of land to the County
Executive Committee Member (CECM-Lands) or the Cabinet Secretary (CS-Lands)
responsible for matters relating to land. Upon meeting the conditions stipulated the CECM-
Lands or the CS-Lands will forward a formal request to the Chairman, NLC.
7.0 In which ways can the County or National Government allocate public land in Kenya?
Public land belonging to the County or National Government can be allocated in the following
ways:
i. Public auction to the highest bidder at prevailing market value.
ii. Application confined to a targeted group of persons or groups in order to ameliorate
their disadvantaged position.
iii. Public notice of tenders.
iv. Public drawing of lots.
v. Public request for proposals.
vi. Public exchanges of equal value.
8.0 What are the requirements for land allocation in Kenya?
i. A recommendation/formal request from the County Executive Committee Member or the
Cabinet Secretary responsible for matters relating to land.
ii. Approved Part Development Plan (PDP).
iii. Approved and authenticated Survey Plan.
iv. A ground status report from a NLC Land Administration Officer/ NLC County
Coordinator.
v. Copy of National ID.
vi. Copy of KRA Pin.
vii. Two coloured passport size photos.

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viii. Where succession is involved, certified copy of certificate of confirmation of grant and
letter of administration.
ix. If it is a limited company, current copy of CR12, certificate of incorporation, identification
documents of at least two (2) Board of Directors.
9.0 How does the National Land Commission process an application for allocation of public
land in Kenya?
Upon the receipt of the application, the Commission after carrying out its due diligence, it approves
the request for allocation and issue a thirty (30) days’ Notice of Intention to allocate which it
publishes in at least two daily newspapers of nation-wide circulation.

If no appeals arise within the stipulated period, the letter of allotment is issued to the applicant.

10.0 Is an allotment letter proof of ownership?

No, an allotment letter is not proof of ownership but a letter of offer. If acceptance and payments
are not submitted within the 90 days from the date of offer, then the offer will be considered to
have lapsed.

11.0 What happens after expiry of the period of allotment letter if no acceptance is
communicated?
Upon expiry, one will be required to reapply for a new allocation. After receiving an allotment,
one should accept the offer through a letter of acceptance and start the process of lease preparation.

Lease Processes

12.0 What should be done after receiving the allotment letter?

a. The beneficiary should write a formal letter of acceptance addressed to the Chairman,
NLC. The chairman, through Director, Land Administration – NLC forwards the letter
of allotment to the PS, State Department for Lands.
b. Make Payments of statutory fees (as indicated on the letter of allotment) at the Ministry
through Ardhi Pay.
c. Director, Land Administration – Lands, requests the Director of Survey to forward an
amended Registry Index Map (RIM/Deed Plan).
d. Upon receipt of the RIM/Deed plan, Director, Land Administration Prepares a lease
document and forwards the same to the County/District Land Registrar or to the Land
Registrar at the Central Registry for registration. The owner is issued with a
‘Forwarding Letter’ that s/he presents when collecting the lease document for
execution.

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 e. Upon the owner executing the lease documents, they return the same to the
County/District or Registrar at the Central Registry for registration.
13.0 What is renewal of lease renewal?
Renewal of lease refers to reallocation of land to the immediate leaseholder. The National Land
Commission is mandated to issue a public notice to the plot owners to apply for lease renewal five
years before expiry of the existing lease term.
14.0 What is extension of lease?
Refers to the application of additional years / lease term on the existing term of the lease.
15.0 What are the requirements of lease renewal/extension?
To apply for renewal of renewal/extension, one should have the following:
a. PLUPA/DC/8 form.
b. Dully executed Form LA 23 for renewal and Form LA 22 for extension.
c. Planning brief by a registered physical planner.
d. Copy of certificate of lease.
e. Current official search (Not less than three (3) months).
f. A ground status report carried out by a Land Administration Officer/ NLC County
Coordinator.
g. Copy of National ID.
h. Copy of KRA Pin.
i. Two coloured passport size photos.
j. Where succession is involved, certified copy of certificate of confirmation of grant
and letter of administration.
k. If it is a limited company, current copy of CR12, certificate of incorporation,
identification documents of at least two (2) Board of Directors.

Subdivision and Amalgamation

16.0 What is subdivision?

Subdivision of land is the division of one parcel of land into two or more viable parcels.

17.0 What is amalgamation?

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Amalgamation of land is the consolidation/combining of two or more parcels of land into one, and
may include public access road, usually via a scheme plan. The ownership and land use have to be
the same while the oldest existing term prevails.

18.0 What is the process of subdivision and amalgamation of freehold land?

The process involves:
a. An application for subdivision and amalgamation of freehold land is submitted in
electronic form to the relevant county government and shall be processed and approved in
accordance with the laws relating to physical planning.
b. Ascertainment of the viability of the subdivision and amalgamation from the relevant
authorities including but not limited to—
i. officer representing the national Director of Surveys at the county;
ii. officer representing the national Director of Physical Planning at the county;
iii. the land administration officer of the national government at county;
iv. Land Control Board, where applicable; and any other relevant authority.
c. Grant of approval within thirty days and subsequently forwarding a copy of the same to
the Cabinet Secretary in physical or electronic form.
d. If application is denied, the relevant county government shall notify the applicant of its
decision, in writing, within thirty days of the decision by physical or electronic means
stating the reasons for refusal.
e. Upon fulfilment of the requirements above, the applicant shall cause a survey to be carried
out and submit a cadastral map and plan to the Chief Land Registrar for registration and
issuance of resultant title.
f. The Chief Land Registrar shall decline to register a document where development
permission has been denied.
g. The applicant shall be required to submit the existing certificate of title to the Chief Land
Registrar in exchange for a new one.
19.0 What is the process of subdivision and amalgamation of leasehold land?
The process involves:
a. An application for subdivision and amalgamation of leasehold land shall be submitted to
the county government in physical or electronic form.

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 b. The county government shall, before granting approval for subdivision and amalgamation,
seek representations in physical or electronic form from—
i. the officer representing the National Director of Surveys in the county;
ii. the officer representing the National Director of Physical Planning in the county;
iii. the land administration officer of the national government in the county;
iv. the Land Control Board, where applicable; and any other relevant authority.
c. Upon receipt of the representations, the county government may within thirty days, grant
or refuse to grant the application.
d. Where the application is not granted, the county government shall notify the applicant of
the decision in writing by physical or electronic means within thirty days and set out the
reasons for refusal.
e. The county government shall forward an approval granted to the Cabinet Secretary by
physical or electronic means who shall—
i. cause the land to be re-surveyed and geo-referenced;
ii. cause the land to be revalued in order to ascertain the land rent payable and other
requisite fees; and
iii. prepare subdivision and amalgamation approval letters;
iv. prepare the subsequent lease and forward it to the Chief Land Registrar for
registration in Form LA 29 as set out in the Third Schedule of the Land Regulations,
No. 280 of 2017,
v. The applicant shall be required to submit the existing certificate of lease to the Chief
Land Registrar in exchange for a new one.
20.0 What are the requirements for a subdivision and amalgamation?
The requirements for a subdivision and amalgamation include:
a. PLUPA/DC/8 from the respective County Government
b. Authenticated survey map from Survey of Kenya
c. Planning Brief prepared by a registered Physical Planner and signed by both the physical
planner land owner
d. Proposed Subdivision scheme plan
e. Land Control Board Consent (where applicable)
f. Certified copy of original title or certificate of lease

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 g. Current search
h. Copy of land rent clearance certificate where applicable
i. Copy of land rates clearance certificate where applicable
21.0 What payments are involved in subdivision and amalgamation?
● Survey fees
● Planning fees
● Approval fees
22.0 What is a final approval?
This is a development control application that allows for previous subdivision and amalgamation
applications done previously to the provisional approval level.

23.0 Who can initiate the final approval process?

The process can be done by any member of the public who had previously done a development
control process for subdivision and amalgamation, has a provisional approval letter and had not
acquired a final approval letter.

24.0 What are the requirements for final approval?

a. The provisional approval letter
b. The copy of the title
c. The county recommendation letter
d. The survey Authentication Slip or RIM letter
e. What are the payments to be done?
f. Approval fees of Kshs. 250 per subplot (child parcels) for previous subdivision or,
g. Approval fees of Kshs. 250 per plot (main plots) for previous amalgamation
h. Any pending Land rent.

Change of Use

25.0 What is Use?

The designated use to a registered parcel of land. For example, residential, commercial, industrial,
agricultural, educational, recreational. Other special users include Hospitals, hotels, Petrol Service
Station, cemetery.

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26.0 What is change of use?
This is application to change the initial/existing user to a proposed new use. The change of user
must be harmonious with the neighbourhood.

27.0 What is extension of use?

Extension of user means additional compatible use other than that registered user on the land while
maintaining the dominance of the existing registered user on the same land. For instance,
introducing a commercial user on the existing residential user.

28.0 Why do you need to change use?

For compliance and compatibility to ensure optimization of the property.
29.0 What is the process of change or extension of use?
a. An application for change or extension of user on land is submitted to the relevant County
Government by physical or electronic means.
b. The County Government shall ascertain the viability of the application and seek
representations by physical or electronic means from relevant authorities including
● the officer representing the national Director of Surveys in the county;
● the officer representing the national Director of Physical Planning in the county;
● the land administration officer of the national government in the county;
● the Land Control Board, where applicable; and
● any other relevant authority.
c. After review, the County Government may, within thirty days, approve or refuse to approve
the application.
d. Where the approval is not granted, the relevant County Government shall notify the
applicant of the decision in writing by physical or electronic means within thirty days and
specify the reasons for refusal.
e. Where permission is granted, the relevant county government shall forward the approval
to the Cabinet Secretary in physical or electronic form for processing.
f. For freehold land, the Cabinet Secretary shall cause an endorsement to be prepared in Form
LA 30 set out in the Third Schedule of the Land Regulations, which shall be forwarded to
the Chief Land Registrar for noting in the register and the original certificate of title. For
leasehold land, the Cabinet Secretary shall cause the land to be re-surveyed and geo-

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 referenced, where applicable; cause the land to be revalued to ascertain the land rent
payable and other requisite fees; and prepare the lease and forward it to the Chief Land
Registrar for registration in Form LA 29 as set out in the Third Schedule of the Land
Regulations.
30.0 What are the requirements for change of use?
a. PLUPA/DC/17 from the respective County Government
b. Site visit
c. Planning Brief prepared by a registered Physical Planner (Public Participation, Site
Notice, Copy of title, Newspaper Advert and any other relevant document)
d. Surrender of the existing title as will be advised
e. Land Control Board Consent (where applicable)

Restraint of Land

31.0 What is a caveat and caution?

Caveat Caution

The word Caveat means warning or proviso A Caution is a notice in the form of a register
(something said as a warning, caution, or to the effect that no action of a specified nature
qualification). The lodging of a caveat over a in relation to the land in respect of which the
property is a way telling anyone who wants to notice has been entered may be taken without
deal with the property to be aware of the fact first informing the person who gave the notice
that someone else’s interest already has priority

32.0 Who can lodge a caution?

A person who claims the right, whether contractual or otherwise, to obtain an interest in any land,
lease or charge, capable of creation by an instrument registrable under the Land Registration Act
2012.

33.0 Can caution be objected?

Yes, the Registrar may object a caution that is unnecessary or whose purpose can be affected by
the registration of an instrument under the Land Registration Act 2012.

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34.0 How can a caution be withdrawn or removed?
The Land Registrar may issue, upon receipt of an application, a notice to remove a caution.

a. A caution may be withdrawn by the cautioner or removed by order of the court or by order
of the Registrar.
b. The Registrar, on the application of any person interested, may serve notice on the
cautioner warning that the caution will be removed at the expiration of the time stated in
the notice.
c. If a cautioner has not raised any objection at the expiry of the time stated, the Registrar
may remove the caution.
d. If the cautioner objects to the removal of the caution, the cautioner shall notify the
Registrar, in writing, of the objection within the time specified in the notice, and the
Registrar shall, after giving the parties an opportunity of being heard, make such order as
the Registrar considers fit, and may in the order provide for the payment of costs.
e. After the expiry of thirty days from the date of the registration of a transfer by a chargee in
exercise of the chargee’s power of sale under the law relating to land, the Registrar shall
remove any caution that purports to prohibit any dealing by the chargee that was registered
after the charge by virtue of which the transfer has been effected.
f. On the withdrawal or removal of a caution, its registration shall be cancelled, and any
liability of the cautioner previously incurred under section 74 shall not be affected by the
cancellation.

Restriction

35.0 What is a restriction?

It is an order made by the Land Registrar prohibiting or restricting dealings with any particular
land, lease or charge for the prevention of any fraud or improper dealing or for any other sufficient
cause, either with or without the application of any person interested in the land, lease or charge,
and after directing such inquiries to be made and notices to be served and hearing such persons as
the Registrar considers fit.

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36.0 How can a person remove or vary restrictions?
a. The Registrar may, at any time and on application by any person interested or at
the Registrar’s own motion, and after giving the parties affected by the restriction
an opportunity of being heard, order that the removal or variation of a restriction.
b. Upon the application of a proprietor affected by a restriction, and upon notice to
the Registrar, the court may order a restriction to be removed, varied, or other order
as it deems fit, and may make an order as to costs.

Freehold or Leasehold Conversion

Land Control Board

37.0 How is a land control board established?
A Land Control Board is established through a gazette notice by the cabinet secretary in charge of
lands for every land control area or division.
38.0 What is the membership of a Land Control Board?
All members of the board shall be appointed by the cabinet secretary and shall include:
a). District Commissioner of the district in which the land control area or division is situated,
or a District Officer deputed by him in writing, who shall be Chairperson;
b). Not more than two other public officers;
c). Two persons nominated by the County Government having jurisdiction within the area of
jurisdiction of the board; and
d). Not less than three and not more than seven person’s resident within the area of jurisdiction
of the board.
39.0 What are the functions of the Land Control Boards?
The boards provide oversight over transactions affecting agricultural land through issuance of a
consent. These transactions include sale, transfer, lease, mortgage, exchange, partition or other
disposal of or dealings.
40.0 How does one apply for Land Control Board consent?
a) An application for consent to a controlled transaction shall be done in accordance with
Form 1 in the Schedule of the Land Control Regulations, and be accompanied by a fee of
one thousand shillings.
b) Every application for approval to a subdivision of land shall be accompanied by:

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 - A suitable plan on durable material showing the manner of subdivision, the
means of access to each subdivision and, very approximately, any existing
permanent development; and
- A statement in writing of the water supply which is available for the
subdivisions and the use to which the subdivisions are proposed to be put.
c) Every applicant shall furnish the land control board with such additional information as the
board may from time to time require.
41.0 How does one appeal the decision of the Land Control Board?
a) An appeal shall be in writing and shall specify the grounds of appeal; and an appeal to a
provincial land control appeals board shall be sent to the Provincial Commissioner as
chairman of the board, and an appeal to the central land control appeals board shall be sent
to the Commissioner of Lands as secretary of the Board.
b) An appeal to the central land control appeals board shall be accompanied by fee of KSh.
5,000 in respect of each transaction involved.
c) An appeal to a Provincial Land Control Appeals Board shall be accompanied by a fee of
KSh. 3,000 in respect of each transaction involved.
Development Control at the County Level
42.0 What power(s) do the County Governments have over control and use of land?
The Physical and Land Use Planning Act (PLUPA) 2019, the Urban Areas and Cities Act (UACA)
2011 and the County Governments Act (CGA) 2012 give County Governments power to prohibit
or control the use and development of land and buildings in the interest of proper, orderly, optimal
land use, protect and conserve the environment, promote public safety and health, and promote
public participation (both urban and rural areas).

43.0 What is a Local Physical and Land Use Development Plan (LPLUP)?
This is a land use development plan for an urban area prepared to guide and control development.
It usually shows ten (10) different land use categories (zones) - i.e. residential, industrial,
educational, recreational, public purpose, commercial, public utility, transportation, conservational
and agricultural

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44.0 What types of applications require approval by the County Government?
a) Building plans
b) Sub-Divisions and Amalgamations
c) Renewal/Extension of Leases
d) Change of User/Extension of Use
e) Renovations
f) Outdoor advertisement
45.0 How do I make my application for development to the County Government?
Different County Governments have different methods for undertaking Development applications.
An applicant can only make an application through registered and licensed professionals as below:
TYPE OF APPLICATION OUTPUT PROFESSIONAL
Building Plans Architectural Drawings Architect
Structural Drawings Structural Engineer
Sub-Division & Amalgamations Sub-Division/Amalgamation plan Physical Planner

Renewal/Extension of Leases Planning Brief Physical Planner

Change of User/Extension of Use Planning Brief Physical Planner

NB: For a list of the relevant professionals, visit the following sites:
Is there any payment required for processing of my application and how do I make the
payment?
Yes. The fees payable for processing of various applications are provided for in the respective
County Finance Act.
NB: Assessment of an application is done after payment has been made
46.0 Why would my Building Plans not be approved within the stipulated time?
a) The required documents have not been provided
b) Not compliance to planning and building code standards (Adequate lighting;
ventilation; room sizes; parking requirements etc.)
c) Non-compliance with the Change of Use permit (PLUPA/DC/8)
d) Failure by the Consultant Architect or Engineer to address comments raised
in time as per a, b, and c above.

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 e) Adverse comment(s) from institutions, organizations, or individuals that
require further consultation
47.0 Why would my Change of User/Extension of Use not be approved within the
stipulated time?
• The required documents have not been provided
• Failure by the Consultant Physical Planner to address comments raised in
time.
• If the land is public or disputed
• If the proposal conflicts with the neighbourhood
• If the proposal does not comply with the existing county land policy, County
Spatial Plans, and zoning guidelines
• Adverse comment(s) from institutions, organizations, or individuals that
require further consultation
• Where no public participation has been done
48.0 Why would my Sub-Division/Amalgamation application not be approved within the
stipulated time?
a) The required documents have not been provided
b) Failure by the Consultant Physical Planner to address comments raised in
time.
c) If the land is public or disputed
d) If the proposal does not comply with the existing county land policy, County
Spatial Plan and zoning guidelines
e) Non-compliance with the planning standards (minimum plot size; minimum
road width; plot shape; surrender for public utilities where applicable; riparian
considerations)
f) Adverse comment(s) from institutions, organizations, or individuals that
require further consultation
NB> Where required by the county executive committee member, in consultation of the county
director of physical and land use planning, suitable and adequate land shall be surrendered by the
applicant at no cost to the County Government for open spaces, amenities, recreational facilities,

15
excluding road reserves, a public purpose relating to the area to be subdivided or for road-
widening.
49.0 Why would my Renewal of Lease/Extension of Lease application not be approved
within the stipulated time?
a) The required documents have not been provided
b) Failure by the Consultant Physical Planner to address comments raised in
time.
c) If the land is undeveloped
d) If any of the condition(s) of the subject lease has not been complied with
e) If the Government requires the land for public good
f) Adverse comment(s) from institutions, organizations, or individuals that
require further consultation
50.0 What happens after I obtain my Building Plan approvals (Construction Permit)?
You are required to seek National Environment Management Authority (NEMA) and
National Construction Authority (NCA) approvals before commencing the construction
works
51.0 Do I require County officials to undertake inspection of my construction works?
Yes. This is necessary for quality control and to ensure compliance to the approved plans.
The developer is required to apply for inspection at each stage of development (Setting
Out; Foundation; Walling; Roofing)
52.0 Is it possible for me to apply for amendment to my approved Building Plan?
Yes. Amendments must be within the planning and building standards/framework
53.0 Do my approvals lapse?
Yes. After 3 years after which one is required to apply for renewal.

54.0 Do I need permission to occupy my completed development?

Yes. The relevant county officials will inspect your building upon completion and if
satisfied, issue an occupation permit upon payment of prescribed fees.
55.0 What happens if I have developed or I am developing without County approvals?
It is an offense under the Physical and Land Use Planning Act, 2019 Section 57 (1).
56.0 What remedial measures are available to me if I had commenced works without
approval or contrary to approved drawings?

16
 A developer is required to stop further construction works and apply for regularization of
the existing structure. Approval for such is subject to existing planning and building
standards. In addition, the developer will be required to provide a structural integrity report.
57.0 What options are available to the Government in case I fail to comply with an
enforcement notice issued?
a) Arrest and arraignment in court
b) Demolition of the illegal structure

58.0 How do you manage riparian reserves?

a) Physical and land use development plans shall be prepared to guide utilization
of land within riparian reserves in rural and urban areas and provide buffers
for lakes, rivers, swamps and oceans beyond the riparian reserves where
controlled development may be allowed.
b) The plans prepared shall promote controlled utilization of riparian reserves as
recreational areas, open spaces, green ways and as utilities corridors among
other sustainable uses.
c) In connection with the utilization of the riparian reserve or development of the
area beyond the riparian reserve or both, the applicant shall be required to
submit an Environmental Impact Assessment and Audit Report together with
the development application.
59.0 Whom do I contact in case of any assistance?
You can visit your respective County Planning Office
60.0 What is a part development plan (PDP)?
This is a short term plan prepared for the purpose of alienating public land. It is usually prepared
for a specific parcel or parcels of land.

61.0 How can one get a PDP for his land?

This can be achieved through the following process;

● Request is made to planning authority

● Planning authority forwards the request to NLC for concurrence

17
● NLC issues authority to prepare the PDP
● PDP is prepared and approved

18
FREQUENTLY ASKED QUESTIONS ON PROTECTION OF PUBLIC LAND

62.0 Why is it important to protect public land?

The protection of public land: is paramount to safeguard national resources, ensure
equitable access for all citizens, prevent unlawful encroachment or alienation, and preserve
the integrity of land designated for public use, in accordance with constitutional mandates
and relevant statutory provisions, including those under the National Land Commission
Act.
63.0 What is public land grabbing?
Public land grabbing is the fraudulent or illegal acquisition of land meant for public use by
private individuals, businesses, or government officials. It is illegal because:
a. It denies communities access to essential services such as schools and hospitals
b. It violates the Constitution and land laws of Kenya.
c. It fuels corruption and weakens land governance.
d. It disrupts planned development and urban planning.
64.0 What are the consequences of illegal land acquisition (grabbing) of public land in
Kenya?
a. Violation of Constitutional Rights: illegal public land acquisition undermines the
constitutional right to access public resources, as enshrined in Article 62 of the
Constitution of Kenya;
b. Loss of Public Resources: Illegally acquired public land leads to the deprivation of
land designated for public use, adversely affecting infrastructure, services, and
community development.
c. Legal Penalties: illegal public land acquisition (grabbing) constitutes an offence
under the Land Act 2012, and may result in criminal prosecution, including
imprisonment or fines.
d. Undermines Land Reform Efforts: illegal public land acquisition disrupts the fair
and equitable distribution of land resources, hindering land reforms aimed at
ensuring justice and addressing historical injustices.

19
 e. Environment Degradation: Unlawful occupation and misuse of public land may
lead to environmental harm, violating environmental protection laws and
regulations.
65.0 What legal measures exist to prevent illegal land acquisition (grabbing)?
a. The Constitution of Kenya (2010) – Defines and safeguards public land.
b. The Land Act (2012) – Guides land transactions and allocation.
c. The National Land Commission Act (2012) – Empowers the NLC to investigate
and recover illegally acquired (grabbed) land.
d. The Environment and Land Court Act (2011) – Establishes a legal framework for
resolving land disputes.
66.0 What are the penalties for illegal land acquisition (grabbing) of public land?
a. Immediate revocation of fraudulent land titles.
b. Prosecution under land and anti-corruption laws.
c. Heavy fines and jail terms.
d. Demolition of illegally built structures.
e. Being blacklisted from future land transactions.
67.0 How/Where can the public report cases of illegal land acquisition (grabbing)?
a. Kenyans can report suspected land grabbing through:
b. Ministry of Lands
c. The National Land Commission (NLC) complaint portal or offices.
d. The Directorate of Criminal Investigations (DCI).
e. The Ethics and Anti-Corruption Commission (EACC).
f. County governments and local administration offices.

Land Conflict Prevention Mechanisms

68.0 What are some best practices for preventing land conflicts?
a. Transparent land registration and titling to clarify ownership
b. Recognizing and formalizing customary land rights
c. Inclusive land governance involving all stakeholders
d. Fair compensation and resettlement policies for displaced persons
e. Strong legal enforcement to deter illegal land allocation and corruption

20
69.0 How can fraudulent land transactions be prevented?
(a) Enhance land registries by digitizing and securing land registries to prevent fraud.
(b) Implement strict verification mechanisms for land ownership and transactions.
(c) Promote public awareness by educating citizens on land rights and fraud risks.
(d) Enforce land laws by applying stringent penalties for fraudulent land dealings.
(e) Foster stakeholder cooperation by ensuring coordination among authorities to
monitor and address cases of fraud.
70.0 What are the most common types of land fraud?
a. Fake title deeds – Forging or tampering with land ownership records.
b. Selling non-existent land – Conmen selling land that does not exist.
c. Multiple sales of the same land – Different buyers receiving fake ownership
documents for the same land.
d. Illegal Land acquisition (grabbing) – Fraudulently acquiring public or private land.
e. Forgery of documents – Altering land records to change ownership illegally.
f. Bribery and corruption – Paying off land officials to manipulate records.
71.0 How can one verify the authenticity of a title?
a. Check on the Ardhisasa platform
b. Visit the local land registry with the title deed and conduct a search.
c. Engage a licensed lawyer or land surveyor to conduct due diligence.
d. Cross-check land details at the National Land Commission (NLC) if the land is
public.
72.0 What is double allocation of land and how can it be prevented?
a. Double allocation of land: Refers to the unlawful practice of granting the same
piece of land to two or more individuals or entities. Resulting in conflicting claims
of ownership or occupation. This contradicts Section of the Land Act, 2012, which
mandates clear and unambiguous registration of land transactions to ensure secure
title and prevent multiple claims.
b. Prevention: To prevent double allocation, the government must enforce stringent
land registration processes, including rigorous title verification and the use of land
maps, as stipulated in the Land Registration Act 2012. Additionally, promoting
transparency in land transactions, enhancing due diligence by officials, and

21
 leveraging technology such as digital land registries can significantly reduce the
risk of double allocation.

73.0 What role does succession planning play in preventing land disputes?
a. Clarifies ownership and entitlements: Succession planning ensures clear
documentation of land ownership and inheritance, reducing ambiguities and
potential disputes over land rights as required under the Law of Succession Act,
Cap 160.
b. Promotes legal distribution of property: Proper Succession Planning facilitates the
equitable distribution of land among heirs according to the wishes of the deceased,
preventing conflicts among beneficiaries under the provisions of the Succession
Act.
c. Reduces fraudulent claims: By formalizing inheritance through legal wills and
succession procedures, succession planning mitigates fraudulent claims on land,
which could otherwise lead to disputes, in accordance with the Land Registration
Act.
d. Upholds the Rule of Law: Ensures succession is conducted in accordance with legal
procedures under the Law of Succession Act, guarantees the rule of law and
guarantees that land rights are protected and respected.
e. Promotes Dispute Resolution Mechanisms: Proper succession planning encourages
the use of formal dispute resolution mechanisms, such as the courts or mediation,
to resolve conflicts, ensuring fair and just outcomes under Kenyan Law.
74.0 Where can one access more information on land fraud prevention?
One can access more information on land fraud prevention from the offices listed below as
well as their respective websites:
a. Ministry of Lands and Physical Planning;
b. National Land Commission (NLC);
c. The Kenya Law Reports;
d. Office of the Attorney General
e. County Governments;
f. Inter-Governmental Relations Technical Committee (IGRTC)

22
g. Community Level Resources.

23
FREQUENTLY ASKED QUESTIONS ON COMPULSORY LAND ACQUISITION
75.0 What is compulsory land acquisition?
This is the acquisition of private/community land by the government for public use or for a public
purpose but subject to prompt payment of just compensation.
It can occur in situations where the state intends to use the land in question for a public purpose or
in the public interest which is limited to matters of regulating rights and land use in: -
a) The interest of defense
b) Public safety
c) Public order
d) Public morality
e) Public health
f) Urban planning, or the development or utilization
76.0 Which body is mandated to carry out compulsory acquisition?
The only body mandated to compulsorily acquire land on behalf of national and county
government is National Land Commission.

77.0 Why does Government acquire private land? What are the justifications for any
acquisition?
National or County Governments always request for the acquisition of land for public interest.
The acquired land will be put into public use like health facilities, security infrastructure,
peacekeeping and road and water infrastructure.
78.0 Who is a Project Affected Person?
Project Affected Person (PAP) means a person who on account of the project, would have his
or her: (i) standard of living adversely affected; or (ii) right, title or interest in any house, or
interest in or right to use any land (including premises, agricultural and grazing land) or right
in annual or perennial crops and trees or any other fixed or movable asset, acquired or
possessed, temporarily or permanently; or (iii) business, occupation, work or place of residence
or habitat adversely affected, temporarily or permanently, and "Project Affected Persons"
means, collectively, all persons who qualify as an Project Affected Person.
79.0 What are the mandatory documents required from the acquiring body?
a. A request letter from the respective Cabinet Secretary (for national government) or
the CEC member in charge of Lands for County Governments. 107(1).

24
 b. A Land Acquisition Plan (to scale) showing how the proposed infrastructure excises
each land parcel or Cadastral drawings where whole parcels only are to be acquired.
c. Parcel list detailing land parcel numbers, the registered owner, total area and
affected area of each land parcel. This should be submitted both in soft and hard
copy form.
d. The Environmental and social Impact Assessment Report (ESIA) and appropriate
approvals/certification for the project.
e. Official searches of affected land parcels. The Commission shall assist where
necessary. Where the Commission undertakes searches, register inspection may be
done by officers so authorized.
f. The acquiring authority shall deposit with the Commission the compensation funds
in addition to survey fees, registration fees and any other costs before the
acquisition is undertaken as provided under Sec 111 (1A) of the Land Act
(Rev.2019 to facilitate prompt compensation as provided in the Constitution.
g. Resettlement Action Plan (RAP) Report.
In case the acquiring body is the County Government, the preliminary documents shall include
approved County Spatial Plans
a) Acquisition plan
b) List for all the parcels of lands to be acquired and title searches
c) EIA Report
d) Resettlement Action Plan
e) Availability of Funds
80.0 What are the mandatory documents to be submitted by the PAP;
a) Land ownership documents; title deed, lease, allotment, search
b) Personal identification documents; KRA Pin, ID Card, Bank Details
c) Written claim forms (Optional) others do verbal claims
d) Any rejection or objection or disputes
81.0 What are the steps of compulsorily acquiring land?
Step 1: Formal request to the Commission by any government ministry or county government.
The request should prove that the land is needed for public purpose.

25
 Step 2: Consideration by the Commission and Approval if it meets the Constitutional and
Statutory threshold (public purpose).
Step 3: Publication of Notice of Intention to acquire land is published in the Kenya Gazette.
The Commission will undertake public sensitization and participation by holding meetings,
workshops and any other appropriate fora to inform the public about the proposed project and
matters pertaining to procedure, expectations and responsibilities of stakeholders in the land
acquisition process.
Step 4: Ground inspections and valuation to record any improvements affected by the proposed
project.
Step 5: Publication of Notice of Inquiry in Kenya Gazette, service of notice and holding of
inquiry: This allows persons interested in the subject land to submit their land ownership
documents, personal identification documents, written claims and disputes.
Step 6: Serving of an award of compensation to every person determined to have an interest in
the land either directly or indirectly.
Step 7: Payment of compensation.
Step 8: Serving Notice of Taking Possession.
Step 9: Final Survey and vesting of the acquired land.
82.0 What is compensated for during compulsory acquisition?
The Following are the items that are compensated:
a) The market value of the land (including improvements thereon);
b) Damage sustained or likely to be sustained by persons interested at the time of the
Commission's taking possession of the land by reason of severing the land from his or
her other land;
c) Damage sustained or likely to be sustained by persons interested at the time of the
Commission's taking possession of the land by reason of the acquisition injuriously
affecting his or her other property, whether moveable or immovable, in any other
manner or his or her actual earnings;
d) Reasonable expenses incidental to the relocation any of the persons interested or who
will be compelled to change residence or place of business as a consequence of the
acquisition;

26
 e) Damage genuinely resulting from diminution of the profits of the land between the date
of publication in the Gazette of the notice of intention to acquire the land and the date
the Commission takes possession of the land.
f) 15% statutory disturbance allowance.
g) Other expenses incurred as a result of the acquisition e.g. profession fees etc.
83.0 What is the basis of compensation for land?
"Market value" which means the price of the land as at the date of
Publication in the Gazette of the notice of intention as similar land is exchanging hands in the
market.
84.0 How long does the acquisition process take for the PAPs to receive his/her payment?
- The entire acquisition process takes a minimum of twelve (12) months but it can vary
depending on the magnitude of the project. Below is a tabulation of the process flow;
- Month 1 – Submission of mandatory documents for initiation of acquisition
- Month 2,3 & 4 – Gazettment of intention to acquire, Service of gazette notices to PAPs
& Interested parties, public participation and sensitization and Inspections for
valuation.
- Month 5 – Gazettment of inquiry
- Month 6&7 – Service of inquiry notices to PAPs and interested parties, conducting
inquiry as scheduled.
- Month 8-Valuation compilation and collation of inquiry data
- Month 9 – approvals of awards
- Month 10-Requisition of compensation funds
- Month 11-12 – Issuance of awards, Due diligence & Payment
85.0 How do PAP’s participate in the acquisition process?
a) To be taken through the acquisition process.
b) To be involved in inventory taking during the process of inspections.
c) To participate during public awareness barazas.
d) To participate in identifying Corporate Social Responsibilities (CSR) activities.

27
86.0 Is there negotiation between the Government and the affected persons as to the
amount of compensation to be paid?
No, the amount of compensation is calculated by qualified valuation staff of the National
Land Commission in line with provisions of the Law. The Commission is independent of
the acquiring body and is therefore expected to be objective.
87.0 If one is dissatisfied with the award given, what redress options are available?
a) Seek clarification from the Commission as to what has been factored in the determination
of compensation.
b) Ensure that the details of improvements affected are correct and as captured on the ground
by the valuer.
c) Ensure the land acquired in terms of size tallies with the Kenya gazette.
d) If all the details are correct and an award to that effect has been issued, then one is given a
statement form on which one signifies by signing their acceptance or rejection of the award
within 14 days.
e) The last resort is to prefer a case in the Land Acquisition Tribunal and in case of
dissatisfaction with the Tribunal appeals can be made to Environment and Land Court one
once rejects the award.
88.0 What happens to contested awards?
Any rejection or contestation of amount contained in the award shall be referred to Land
Acquisition Tribunal. The Tribunal will give an audience to all the parties.
89.0 What is the cut off time to take into account in determining whether recent
improvements done on land are eligible for compensation?
The value increase occasioned by any development or improvement to the land within two
years prior to the date of publication in the Gazette of the notice of intention to acquire the
land, unless it is proved that the improvement was made bona fide and not in contemplation of
proceedings for the acquisition of the land.
90.0 What will happen to the acquired land title deed after acquisition?
If part of the land comprised in documents of title has been acquired, the Commission shall as
soon as practicable, cause a final survey to be made of all the land acquired. Excision and
issuance of new titles upon completion of final survey. The Commission shall cause new title
documents to be issued for every affected parcel as soon as practicable.
91.0 If land is unregistered, who holds the interests?

28
 The constitution recognizes any person who lives on any land even without any registrable
documents. The “occupiers in good faith” are also considered and compensated. In case of the
unregistered land, the host county government is entitled to receive compensation funds and
hold on behalf of the community as a trustee until the community is registered and funds
transferred to them. The County Government powers on community land is limited to receive
compensation funds.
92.0 What is the process of acquiring community land?
Compulsory land acquisition process follows the same process as compulsorily acquiring a
PAP’s land until funds are paid to the Community’s Account. The only deviation is the
receiving person. In case of the unregistered land, the host county government is entitled to
receive compensation funds and hold on behalf of the community as a trustee until the
community is registered and funds transferred to them. The County Government powers on
community land is limited to receive compensation funds.
93.0 How does the National Land Commission determine compensation for diminution or
loss of business?
In determining the compensation due for diminution of the profits of the land, the Commission
shall require proof of existence of the profits including evidence of tax returns for the affected
enterprise. Where such evidence is not provided, loss of profit is only given a nominal amount.
94.0 If land is unregistered who holds the interest?
County governments shall hold in trust all unregistered community land on behalf of the
communities for which it is held.
Any transaction in relation to unregistered community land within the county shall be in
accordance with the provisions of the Community Land Act.

29
FREQUENTLY ASKED QUESTIONS ON COMMUNITY LAND

95.0 What is a community?

A Community is a group of people with common ancestry, culture, language or similar interests
(Community of interests).
What is a community according to the Act?
A community is a group of people or land users who are citizens of Kenya sharing any of the
following characteristics:
a) Common ancestry
b) A Unique culture
c) Similar socio-economic factors
d) Occupy a geographical/ ecological space location
e) Ethnicity
96.0 What is community land according to Community Land Act?
Community land consists of:
a. Land lawfully registered in the name of group representatives
b. Land lawfully transferred to a specific community by any process of law
c. Any other land declared to be community land by Act of parliament,
d. Land that is lawfully held, managed or used by specific communities as community
forests, grazing areas and shrines
e. Ancestral lands and lands traditionally occupied by hunters - gatherers communities
f. Land that is lawfully held as trusty land by the county governments excluding any
public land
97.0 What are the categories of Community Land in Kenya?
Community land falls into three categories:
● Registered Community Land – Land with an official registration title held by a specific
community, making it private to that community. The acquisition process is similar to
private land.
● Unregistered Community Land – Land not officially titled but traditionally associated
with a known community.
● Community land is governed by communities using customary or community laws.

30
98.0 What does the community land act 2016 provide for?
• It provides for the recognition, protection and registration of community land rights;
• Management and administration of community land
• The role of county government in relation unregistered community land.

99.0 Which laws have been repealed by Community Land Act?

• Group (Representatives) Act Cap 287 (former group Ranches)
• Trust Lands Act Cap n288 (Trust Lands)
100.0 How is a community registered in Kenya?
• A community identifies land traditionally or historically used for communal purposes.
• A Community notifies the Community Land Registrar through form CLA1 with
attachments of community land sketch map, locality, approximate area and current land
use.
• Upon receipt of form CLA1, the Registrar Publishes a notice inviting the community for
a meeting to elect a Community Land Management Committee (CLMC)
• The community elects Community Land Management Committee (CLMC) members
through secret ballot or through any agreed method.
• The Community Land Management Committee (CLMC) submits an application to the
Registrar for registration of community land through form CLA3
• The Registrar Issues Certificate of Registration of Community through form CLA4
The registration of community land then follows the following processes:
• After registration of a community, the CLMC makes an application to the registrar for
registration of community land
• The Cabinet Secretary publishes a notice of intention to adjudicate and register community
land.
• The adjudication team demarcates the land excluding public purpose and any adjudicated
public land
• A cadastral map is prepared and presented to the Community Land Registrar for
registration
• The Community Land Registrar issues a Certificate of Title to the registered community

31
101.0 Who owns community land?
Before registration of community land, it is held in trust by the respective county governments.
After registration the land is owned by the respective registered community
102.0 Who keeps the community land title?
The Community Land Management Committee – CLMC

103.0 What is the management and administration structure of community land? (within
the community)
● Community Assembly (CA) (Governing organ) - It is a gathering of registered adult
members of a community
● Community Land Management Committees (CLMC) (Administrative Organ)
Outside the community:
● County governments
● The national government through the Ministry of Lands and Physical Planning (MLPP)
and the National Land Commission (NLC), Judiciary.
104.0 What is a Community Assembly?
It is a gathering of registered adult members of a community convened in accordance with this
Act
105.0 What are the functions of a Community Assembly?
● Elect 7-15 members of Community Land Management Committee (CLMC)
● Approve any allocation or conversion of community land
● Validate claims of existing customary rights of occupancy
● Establish investment partnerships

106.0 What are the functions of a CLMC?

● Apply for registration of community land
● Draft rules and by-laws of operation of the community
● Manage day to day activities on Community Land on behalf of Community
● Maintain register of community members
● Maintain assets
● Record customary rights and allocation of community land
● Cause preparation of physical development plans for Community Land

32
 ● Cause preparation of physical development plans for land to be allocated
● Protect environment and natural resources
● Establish investment partnerships
● Apply alternative dispute resolution mechanisms to address emerging conflicts
107.0 Who qualifies for election as a member of the Community Land Management
Committee?
● An adult member of the community
● Community member that meets the requirements of Chapter VI of the Constitution of
Kenya
● A community that has not been adjudged bankrupt
● A community that has not been convicted of a crime involving fraud or dishonesty.
108.0 How does the office of the Community Land Management Committee become
vacant?
● If an elected member dies
● By notice in writing addressed to the Committee, the member resigns from office
● If the elected member is incapable of performing the duties of the office
● If the term of office of the holder expires (not renewed after three years in office)
109.0 What is the role of County governments with regard to Community Land?
● Hold in trust all unregistered community land
● Ensure any transactions on unregistered Community land are undertaken in accordance
with the Act
● Hold in trust monies payable for Compulsory Acquisition of unregistered Community
Land
● Release to communities all monies payable for compensation for compulsory acquisition
of unregistered Community Land and interest upon registration of communities
● Consult with the Cabinet Secretary and NLC in establishment of Community Land
Registration Units
● Submit inventory of unregistered community land to Cabinet Secretary for registration of
Community Land
● Prepare comprehensive Adjudication Programme in consultation with Cabinet Secretary
and communities

33
 ● Approve physical developments for community land
● Undertake continuous awareness programmes
110.0 What is the content of an inventory?
● Name of community,
● Locality,
● Approximate area and current use of the land
● Any claims by any other persons / groups in respect of that land.
111.0 Can the County Governments (trustees) dispose of community land?
No! Community land shall NOT be disposed of or otherwise used except in terms of
legislation specifying the nature and extent of the rights of members of each community
individually and collectively.
112.0 Is it possible to convert community land to public or private land?
Yes! Community land may be converted to public or private land through compulsory
acquisition, transfer, surrender, or allocation by the Community Land Management
Committees but this has to be agreed upon through a Community Assembly.
113.0 What are customary Land Rights?
They are rights derived from customary laws, customs or practices.
114.0 Can a community member be allocated part of the community land for exclusive use
and occupation?
A Committee may upon application and with approval of the community assembly may
allocate part of the community land to a member or a group of members of the community
for exclusive use and occupation but no separate title shall be issued for such a parcel e.g.
grazing rights, cultural or religious rights.
115.0 In what ways can a person become a member of community land?
● By registration during the initial registration of the community
● By birth.
● By marriage
● By inheritance
● By acceptance of the community land management committee (CLMC) after the
approval by the community assembly.
● By a court order.

34
116.0 How does one cease to be a community member?
● By death
● Remarriage of a woman after divorce outside the community/whose spouse and
member of the community dies
● Own Volition.
117.0 Who constitutes a community land register?
All persons in that community including children.
118.0 How will the natural resources, land use planning and investments in community land
be managed?
a. Natural resources within the community shall be managed sustainably, with
accountability and transparency and should benefit the whole community on the basis
of equitable sharing.
b. Any investment relating to exploitation of natural resources shall be agreed between
the investor and the community according to Article 71 of the Constitution.
c. Benefit sharing will be as per the specific laws of income sharing with the investor.
119.0 How are disputes in relation to community land handled?
● Traditional dispute and conflict resolution mechanisms
● Internal Dispute Resolution Mechanisms set out in community by-laws
● Use of prevailing customary law by court or dispute resolution body so long as
it is not repugnant to justice & morality or inconsistent with Constitution
● Mediation
● Arbitration
● Referring outstanding matters to court.
120.0 How does the community land act ensure that the interest of women/marginalized
vulnerable groups/PWDs are taken care of?
a. The act provides that all natural resources will be managed sustainably to and should
benefit the whole community on the basis of equitable sharing.
b. The act has introduced the principle of 2/3rds gender rule which will apply in all the
committees formed to manage community land.

35
121.0 How often is the register of members updated?
It’s updated annually (every year). The Committee shall present before the community
assembly, the list of new members to be admitted or removal for approval
122.0 What is the management and administration structure of community land?
(Within the community :)

a. Community Assembly (CA) (Governing organ)

b. Community Land Management Committees (CLMC)
(Administrative Organ)

c. The Executive offices of the CLMC (outside the community)

d. County governments
e. The national government through the Ministry of Lands and Physical Planning (MOLPP)
and the National Land Commission (NLC), judiciary
123.0 How is the community land registered?
• Upon registration of a community the Cabinet Secretary publishes a notice of intention
to adjudicate and register community land.
• The adjudicated team demarcates the land excluding public purpose and any adjudicated
public land
• A cadastral map is prepared and presented to the Community Land Registrar for
registration
124.0 How are overriding interests recognized during demarcation?
a. The notice published by the Cabinet Secretary for adjudication of the land will invite
people with interest over the land to lodge their claims
b. The application for the claim will be made to the adjudication team in CLA8.
c. If the application is approved the land is excluded from the community land
125.0 What is adjudication of community land?
It’s the process of ascertaining rights and interests in community land. It’s done by the
adjudication team from the national government?
126.0 Do Community Land Management committee conduct annual general meeting
(AGM)?
An AGM for the community assembly should be held once a year.

36
127.0 Can CLMC form sub committees?
Yes. It may establish sub committees to address specific key issues and interests in
community land

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FREQUENTLY ASKED QUESTIONS ON GENDER LAND RIGHTS

128.0 Who can own land in Kenya?

Every person (including women), has the right either individually or in association with others, to
acquire and own property of any description in any part of Kenya.
129.0 Why is it significant for women to have access and control over land?
Women have the right to access land, use land, exercise control over land as one’s ability to make
decisions with regard to the land. These include the ability to;

▪ Determine the size of land used for farming activities and whether the land will
be used for food or cash crop production.
▪ Ability to transfer land titles, whether by sale or inheritance (land ownership)
130.0 What is a matrimonial home?
It means any property that is owned or leased by one or both spouses and occupied or utilized
by the spouses as their family home, and includes any other attached property.
131.0 What are some of the rights of spouses concerning matrimonial property?
Married women have the same rights as a married man to acquire, administer, hold, control, use
and dispose of property whether movable or immovable; enter into contract and sue and be sued
in her own name.
132.0 What happens where a husband or wife has acquired property before or during
marriage which does not become a matrimonial property?
The husband or wife may acquire beneficial interests that are equal to the amount of contribution
made by the spouse.
133.0 What does the spouse liability law state?
a. Any liability incurred by a spouse before the marriage and relating to the property shall,
after marriage, remain the liability of the spouse who incurred it.
b. If the property becomes matrimonial then the liability will be equally shared by the
spouses and unless they otherwise agreed.
c. Parties to marriage shall equally share the liability incurred during the subsistence of
the marriage for the benefit of the marriage or reasonable and justifiable expenses
incurred for the benefit of marriage.
134.0 What happens to matrimonial property in case of divorce?
a. The spouse will not only share benefit but liabilities on the matrimonial property.
38
 b. Property acquired during marriage is deemed to be matrimonial property and shall be
shared equally during divorce.
c. Spousal consent must be obtained during transfer, sub division and charging of such
property. The new land register has a column to show the gender of the owner of the
Land.
135.0 What rights do women - married or single have?
a. Women have a right to acquire and own land whether individually or as a group.
b. Daughters have the right to inherit their parents’ land and property.
c. Women have a right to be elected and or appointed into land governance institutions.
d. Married women have the right to joint ownership of land and property acquired during
marriage.
e. Married women have the right to transact on land in consultation with their husbands
and vice versa.
f. Widows have the right to inherit their deceased husband’s land and property

Children Land Rights

136.0 Who is a ‘child’?

Means an individual who has not attained the age of eighteen years in Kenya.
137.0 Can a child own property?
Children cannot own land or property in their own right as children. However, land and property
can be held on trust for their benefit and use.

138.0 What are land rights as relating to orphans?

Orphans have the right to access and use their parents land and property whether or not it is held
in trust by an appointed and responsible adult member of the immediate family. Upon reaching the
age of 18, they have the right to be registered
139.0 What are the land rights as they relate to the youth?
The constitution of Kenya defines an ‘adult’ as an individual who has attained the age of eighteen
years. Some of the rights include;
a. Though the right to inherit from their parents is discretionary, in the event of inheritance
by the siblings, both daughters and sons have equal rights.
b. Each youth has the right to ownership, access and control of land and property.

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Land Rights of Marginalized Communities / Minority Groups
140.0 What is a marginalized community?
a. A community that, because of its relatively small population or for any other reason, has
been unable to fully participate in the integrated social and economic life of Kenya as a
whole; or
b. A traditional community that, out of a need or desire to preserve its unique culture and
identity from assimilation, has remained outside the integrated social and economic life of
Kenya as a whole; or
c. An indigenous community that has retained and maintained a traditional lifestyle and
livelihood based on a hunter or gatherer economy; or
d. Pastoral persons and communities, whether they are nomadic or a settled community that,
because of its relative geographic isolation, has experienced only marginal participation in
the integrated social and economic life of Kenya as a whole;
141.0 What is a marginalized group?
Its group of people who, because of laws or practices before, on, or after the effective date, were
or are disadvantaged by discrimination on one or more of the following grounds; including race,
sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion,
conscience, belief, culture, dress, language or birth.

142.0 What are the specific rights as they relate to minority groups?
a. Right to participate in economic activities in the country
b. Right to preserve their cultural way of life in line with article 11 of the Constitution
c. Right to representation in land governance institutions and participation in land related
decision-making processes.
d. Right of access to the shore lines of lakes and rivers and public fish landing sites for fishing
communities to enable them carry out their economic activities.
e. Right of access to community forests for hunter gatherers communities to sustain their
livelihoods.
f. Right of access to communally held land for grazing purposes for the Pastoral
communities.

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FREQUENTLYS ASKED QUESTIONS ON SUCCESSION AND WILLS IN RELATION
TO LAND

Inheritance or succession may be defined as the “the transfer of title to property under the law of
descent and distribution”. Succession would exclude those who take by deed, grant or any form of
purchase contract.

143.0 What is the law of succession and how does it apply?

The Law of Succession is the law regulating the inheritance of property. The Law of Succession
Act applies universally to all Kenyans. This is basically the substantive law dealing with matters
succession in Kenya. It’s important to note that this law has to be quoted first before other laws
that might equally be affecting matters succession.
144.0 How is the property of a deceased person handled?
On one hand, immovable property in Kenya of a deceased person whatever the residence of that
person at the time of his/her death will be regulated by the Kenyan law on succession and on the
other hand, movable property of a deceased person is regulated by the law of the country of the
residence of that person at the time of his/her death.
145.0 What is testate succession?
Testate succession is where the deceased leaves a written or oral will. It is important to note that
the deceased must have had the capacity (sound mind and off age) to make the will at the time of
making the will. In other words, the deceased must have had the knowledge and approved the
contents of the will.
146.0 What is intestate succession?
Intestate succession is where there is no will left by the deceased. It applies where the deceased
has left ONE surviving spouse and a child or children. In this regard, the surviving spouse shall be
entitled to: -
a. The personal and household effects of the deceased and,
b. The intestate property but cannot sell this property. This is because the spouse is
only holding it on behalf of the children. If the spouse remarries, he/she loses her
entitlement to the intestate property.

41
147.0 Why is succession planning important?
As an owner of a beneficial interest in the land property, you can be part of making decisions
involving the property, including how it is used and developed, and get a share of any income that
is distributed from the property.

The Will

148.0 What is a will?

A will is a mere intention of the maker. It can be amended by the same person during his/her life
time.
a. A person, may through his/her will appoint an executor. This is named in the will who
has the legal responsibility to take care of a deceased person’s remaining financial
obligations e.g. property disposal, paying bills, taxes etc.
b. It’s a mere intention of the maker – can be amended but only by the maker during their
lifetime.
c. Can deal with property acquired after death of maker (ambulatory)
149.0 Who can make a will?
Any person can write a will at any time as long as they are of sound mind, and are 18 years old
and above.
150.0 When does the will take effect?
The will being an intention of the maker, it can only take effect after the death of the maker.
(testator / testatrix)
151.0 Where can one keep the will?
Store your will in a place where it is safe and easy to access:
- filed with courts
- With your lawyer
- A safe place at home
152.0 What are the benefits of making a will?
a. The deceased can exercise control over property
b. It can help avoid courts from determining who is entitled to property
c. Enable appointing property representatives of choice
d. Avoiding disputes over property
e. Persons outside family can have property
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 f. The deceased can decide on how he/she can be disposed of.
153.0 What are invalid wills?
This is a will prepared under any of the below circumstances:
a. Fraud / forgery
b. Coercion
c. Mistake / duress / undue influence
d. If the person in not of sound mind
154.0 Is an Oral Will Valid?
It is only valid if;
a. Made before 2 or more competent witnesses;
b. The maker dies within 3 months of making it;
c. An oral will has been made by a member of the armed forces during a period of active
service and/or if the maker of the will dies during the same period of active service even
if he / she dies more than 3 months after making the will;
d. If there is any conflict in evidence of witnesses as to what was said by the deceased, the
oral will shall be valid only if the contents can be proved by a competent independent
witness.
155.0 What is a written will?
A written will must have the following characteristics:
a. It must be signed by the maker.
b. In case it’s signed by somebody other than the maker, then this should be done in the
presence of the maker and under his/her directions.
c. It must me witnessed by two or more witnesses and these witnesses MUST NOT be
beneficiaries in the will otherwise there shall be need of an additional two witnesses.
d. If the maker of the will refers to another document in his will, the document shall be
considered as part of the will as long as it is verified that it is the exact same document
the maker was referring to in his/her will.
e. An executor shall not be disqualified as a witness to prove execution of the will or to
prove the validity or invalidity of the will.
f. If the dependant or dependants feel that the deceased’s will does not provide adequately
for their needs, they may make an application to the Court.

43
 g. The Court may order a specific share of the property be given to the dependent (s) or
periodical payments or lump sum payments.
156.0 What does “dependants” mean?
It means:
a. The wife or wives, or former wife or wives, and the children of the deceased whether or
not maintained by the deceased before his death.
b. The deceased’s parent, step-parents, grand-parents, grandchildren, step-children,
children whom the deceased had taken into his family as his own,
c. Brother and sisters, and half-brothers and half-sisters, who were being maintained by the
deceased before his death.
d. Where the deceased is a woman, her husband if he was being maintained by her before
her death.
157.0 Revocation, alteration and revival:
A will can be revoked, altered and revived only by the maker at the time when he is competent
to dispose of his property. This can only happen when the maker takes some action to indicate that
he/she no longer wants the will to be binding. For this to be effective, the intent of the maker,
whether express or implied must be clear and an act of revocation consistent with this intent must
take place.

158.0 What is intestate succession?

This is when there is no will left by the deceased (intestate). In case the deceased left ONE
surviving spouse and a child or children, the surviving spouse shall be entitled to:
a. The personal and household effects of the deceased
b. The intestate property but cannot sell this intestate property as the spouse is holding it
on behalf of the children. If the spouse remarries, he/she loses his/her entitlement to the
intestate property.

159.0 How intestate property is distributed when there’s no surviving spouse?

Where the deceased has left a surviving child or children but no spouse, the intestate property will
be transferred to the surviving child or divided equally among the surviving children.

44
160.0 How intestate property is distributed when there’s no surviving spouse children?
Where the deceased left no surviving spouse or children, the intestate shall be transferred in this
order of priority:

a. Father; or if dead,
b. Mother; or if dead
c. Brothers and sisters, and any child or children of deceased brothers and sisters, in equal
shares; or if none
d. Half -brothers and half-sisters, and any child or children of deceased half-brothers and
half-sisters, in equal shares; or if none
e. Distant relatives up to the sixth degree in equal shares.

If the deceased is not survived by any of the above, then the intestate property estate shall be taken
up by the state.
161.0 What happens in a case of polygamy in the Intestate situation?
The personal and household effects of the deceased and the residue of the estate is distributed
according to the houses. Houses refer to each of the children together with their mother. The
provisions apply where the deceased was legally married in a system of law that recognizes
polygamy. If a dispute arises during the succession process, the court will intervene to resolve the
disputes and ensure a fair distribution of the estate.
The Process of Succession
162.0 What is the process of succession?
a) Interested parties, whether family members or an individual, should start by carrying out a
search on the property before the succession process begins. Search authenticates the
ownership of the property.
b) Interested parties meet to discuss the succession process including putting all the
documents together. These include the list of the deceased properties and their values, list
of the deceased liabilities, list of the beneficiaries and their dependents, witnesses and the
original death certificate. Evidence of this meeting must be captured in minutes.
c) The minutes and the documents, accompanied by the beneficiaries are taken to the area
chief for verification. The chief then writes an introduction letter to a selected advocate.

45
 d) The advocate files for a Grant Letter of Administration. Interested parties will wait for
three months for the process to be gazetted. The gazette notice is required when making an
application for a hearing date for the letters of administration
e) When the interested parties are issued with the letters of administration, they are given six
months to agree on the distribution of the properties. Once agreed, they file an application
for confirmation of grant.
f) Certificate of Confirmation of grant is then issued by the court, with specifics on how the
properties will be distributed. The certificate is submitted to the Land Registrar with an
application for transmission of land which includes details such as: the parcel numbers of
the land and how much is allocated to each beneficiary.
163.0 Who can be an administrator?
Any person of sound mind selected by the interested parties can serve as an administrator. While
the interested parties have the powers to change the administrator in case of disagreements, it must
be noted that this will prolong the succession process.
Islamic Land Succession
164.0 What is Islamic succession in land matters?
Islamic succession refers to the inheritance and distribution of land and property based on Shariah
law, as prescribed in the Quran, Hadith, and Islamic jurisprudence (Fiqh).

165.0 What principles govern Islamic inheritance?

Islamic inheritance follows these key principles:

• Fixed shares: Certain relatives (e.g., spouse, children, and parents) receive specific
portions of the estate.
• Male heirs receive twice the share of female heirs: This is based on Surah An-Nisa
(4:11-12), reflecting financial responsibilities of men in Islam.
• Debts and funeral expenses must be settled before distribution.
166.0 Can a Muslim make a will (Wasiyyah) regarding land?
Yes, but only up to 1/3 of the estate can be allocated through a will, and it cannot override the
rights of the fixed heirs.

46
167.0 What role does the Kadhi’s Court play in Kenya?
The Kadhi’s Court in Kenya has jurisdiction over matters of Islamic inheritance for Muslims,
provided both parties are Muslim.
168.0 Can women own and inherit land under Islamic law?
Yes, women have full rights to inherit, own, and manage land as per Surah An-Nisa (4:7-11).
169.0 Who ensures the fair distribution of land in Islamic succession?
The Kadhi’s Court in Kenya oversees Islamic inheritance matters and ensures that the estate is
distributed according to Shariah law.
170.0 How does Islamic law handle disputes among heirs?
Disputes are settled through:

● Mediation within the family.

● The Kadhi’s Court in Kenya, which rules based on Islamic law.
● Islamic scholars or religious leaders may also be consulted.

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FREQUENTLY ASKED QUESTIONS ON LAND DISPUTES & CONFLICTS
RESOLUTION
Land Conflict
171.0 What are the causes of land disputes in Kenya?
a) Contested Ownership: Disagreements over rightful land ownership due to multiple
claimants.
b) Unclear Land Titles: Fraudulent or missing documentation leading to disputes.
c) Boundary Disputes: Conflicts over land demarcation between individuals,
communities, or counties.
d) Illegal Land Transactions: Fraudulent land sales and illegal land allocation.
e) Historical Land Injustices: Displacement and unfair land allocations from past regimes.
f) Succession/Inheritance Conflicts: Disputes over land distribution among heirs.
g) Encroachments and Illegal Structures: Unauthorized developments on public or private
land.
h) Zoning and Land Use Violations: Misuse of land contrary to planning regulations.
172.0 What are the main methods of solving land disputes in Kenya?
Land disputes in Kenya can be resolved through two main approaches:
a) Litigation (Court Process): This involves resolving land conflicts through the formal
judicial system, specifically the Environment and Land Court (ELC).
Litigation follows strict legal procedures and is suitable for complex cases requiring
judicial interpretation. However, it can be time-consuming and expensive.

b) Alternative Justice Systems (AJS) / Alternative Dispute Resolution (ADR):

This refers to out-of-court methods used to resolve land disputes amicably. These
include:

▪ Mediation: A neutral third party facilitates discussions between conflicting

parties to reach a voluntary agreement.
▪ Arbitration: A neutral arbitrator hears both sides and makes a binding decision.
▪ Traditional Dispute Resolution Mechanisms: Community elders or customary
authorities’ mediate disputes based on local customs and traditions.

48
173.0 Who are the key actors in land disputes resolution and what are their roles?
• National Land Commission (NLC):
a. Established under Article 67 of the Constitution of Kenya.
b. Manages public land and enforces the National Land Policy.
c. Ensures the equitable distribution and use of public land resources in accordance
with the law.
d. Investigates historical land injustices and provides recommendations.
e. Facilitates mediation and arbitration in land disputes.
• Ministry of Lands:
a) Formulates land policies for sustainable land use.
b) Manages land registration and title issuance.
c) Oversees implementation of Land reform programs and enforcement of land-
related laws.
d) Enforces land laws to prevent fraud and illegal transactions.
• Judiciary (Environment and Land Court - ELC):
a) The Environment and Land Court, established under Article 162(2) of the
Constitution and the Environment and Land Court Act 2011.
b) Adjudicates Land disputes, ensuring access to Justice for aggrieved parties.
c) Interprets, applies and enforces land laws.
d) Hears and determines disputes related to the environment, and land use and
provides remedies for violations of land rights.
e) Encourages Alternative Dispute Resolution (ADR) in court cases.
• Non-State Actors:
● Community and traditional leaders (e.g., Njuri Ncheke). Recognized as custodians
of indigenous land customs and traditions used to mediate disputes. They leverage
customary law to facilitate reconciliation especially in rural areas.
• Religious and civil society organizations
• Advocate for policy reforms. They also serve as intermediaries in land dispute
resolution processes, advocating for human rights, providing legal aid, promoting
public awareness in land laws and offering platforms for dialogue.

49
 • Professional institutions.
Such as the Law Society of Kenya (LSK), the Institution of Surveyors of Kenya (ISK), the
Kenya Property Developer Association (KPDA), play a critical role in land dispute
resolution by providing expert knowledge, technical advice, and advocacy in land-related
matters.
174.0 How Effective Are Alternative Justice Systems (AJS) in Resolving Land Disputes?
AJS methods are highly effective in managing land conflicts due to the following advantages:
a. Cost-Effective: Resolving disputes through mediation or arbitration is significantly
cheaper than litigation
b. Timely Resolution: AJS methods take less time compared to formal court
processes, reducing case backlogs.
c. Amicable Settlements: They promote win-win outcomes, ensuring both parties
reach a mutually agreeable solution.
d. Less Confrontational: Encourages dialogue and compromise rather than adversarial
legal battles.
e. Promotes Social Cohesion: Helps maintain peace by fostering understanding
between disputing parties.
f. Reduces Court Burden: Diverts cases from the judicial system, allowing courts to
focus on complex disputes.
AJS methods, are encouraged as practical, efficient, and community-driven solutions
for land disputes
175.0 What is the process of AJS in resolving land disputes in Kenya?
a. Starting the Process: Land disputes can be resolved through AJS by approaching
community forums or traditional leaders, bypassing the formal court process.
b. Mediation and Negotiation: Neutral mediators, often community leaders, help both
parties discuss their issues and reach a fair agreement through open dialogue.
c. Customary Law Application: Traditional land practices are used in AJS, as long as
they align with the Constitution and legal standards, ensuring fairness.
d. Documenting the Agreement: Once a resolution is reached, the terms are written
down, outlining the rights and responsibilities of each party

50
 e. Enforcement: While AJS agreements are respected, they can be taken to formal
courts, like the Environment and Land Court, if further enforcement is required.
176.0 What challenges are faced in resolving land disputes in Kenya?
a. Complex Land Ownership System: The existence of multiple and often conflicting land
ownership systems (statutory, customary and communal) creates confusion and leads
to disputes, when they are not harmonized under one law.
b. Historical Injustices: The legacy of historical land injustices, including illegal land
allocation, displacement, and unequal land distribution, complicates dispute resolution,
making it difficult to address claims for restitution or compensation.
c. Weak enforcement of Land Laws: Despite the presence of comprehensive land laws,
weak enforcement mechanisms, and lack of political will hinder the effective resolution
of land disputes, allowing illegal land acquisition (grabbing) and occupation to persist.
d. Corruption and Inefficiency: Corruption within land administration institutions,
coupled with inefficient land registration and documentation processes, exacerbates
disputes, as individuals may fraudulently acquire land or manipulate records.
e. Limited Access to Justice: Many individuals, particularly in rural areas, face challenges
in accessing formal judicial remedies due to high costs, lack of legal awareness,
physical barriers, or ADR mechanisms that may not always guarantee fair outcomes.
177.0 What forms of Land disputes can be resolved through AJS?
Alternative Justice Systems (AJS) are effective for resolving various non-complex land
disputes, including:
a. Boundary Disputes: Conflicts over land demarcation between individuals, families, or
communities.
b. Inheritance and Succession Conflicts: Disputes over land distribution among heirs.
c. Customary and Communal Land Disputes: Conflicts involving indigenous or
community-held land.
d. Encroachments and Trespassing: Unauthorized occupation or use of private or
communal land.
e. Family Land Disputes: Conflicts over jointly owned land within families or extended
relations.

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f. Tenancy and Leasehold Disputes: Disagreements between landlords and tenants
regarding land use.
g. Misuse of Land in Violation of Local Agreements: Land use disputes arising from
breached informal agreements.
h. Small-Scale Land Transactions: Disputes over minor land sales, leases, or
undocumented transfers

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FREQUENTLY ASKED QUESTIONS ON HISTORICAL LAND INJUSTICES IN
KENYA
178.0 What is a Historical Land Injustice in Kenya?
A historical land injustice is a grievance that was occasioned by a violation of right in land on the
basis of any law, policy, declaration, administrative practice, treaty or agreement which resulted
in displacement of people from their habitual place of residence.
The grievance should have occurred between 15th June, 1895 when Kenya became a protectorate
and has not been sufficiently resolved and subsists up to the period of August, 2010 when the
Constitution of Kenya was promulgated.
179.0 What are the causes of Historical Land Injustices in Kenya?
Some of the causes of a Historical land injustice are grievances occasioned by among others:
Colonial occupation, Independence struggle, Pre-independence treaty or agreement between a
community and the government, Development-induced displacement for which no adequate
compensation or other form of remedy was provided, including conversion of non-public land to
public land; Corruption or other form of illegality; Natural disaster; Inequitable land adjudication
process or resettlement scheme; Politically motivated or conflict-based eviction; Other cause
approved by the Commission.

180.0 What qualifies a land dispute to be a HLI claim?

For a land dispute to qualify as a Historical Land Injustice claim it has to meet the following
criteria:
a. It is verifiable that the act complained of resulted in displacement of the claimant or
other form of historical land injustice;
b. The claim has not or is not capable of being addressed through the ordinary court
system on the basis that—
c. The claim is debarred under section 7 of the Limitation of Actions Act, (Cap. 22) or
any other Law; or
d. The claim contradicts a law that was in force at the time when the injustice began;
e. The claimant was either a proprietor or occupant of the land upon which the claim is
based;
f. No action or omission on the part of the claimant amounts to surrender or renouncement
of the right to the land in question; and

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181.0 Who are the key actors in HLI and what are their roles in resolving historical land
injustices?
a. The main actors in a HLI are the National Land Commission who receive, admit and
investigate all historical land injustice complaints and recommend appropriate redress.
b. The other main actors are the relevant Government institutions tasked with
implementation of the Commission decisions. These are the different ministries, the
Attorney General among other government bodies.
182.0 What is the process of lodging HLI claims?
(f) The Commission may, on its own initiative, invite the public to submit claims related
to historical land injustices. Such invitations shall be made through:
− A notice in at least one daily newspaper with national circulation;
− A notice on the Commission’s official website; and
− Announcements on local radio stations.
(b) The Commission may request any person, including government departments or state
organs, to provide relevant particulars, documents, or information necessary for an
investigation.
(c) A person may lodge a claim using Form NLC/HLI/01, as set out in the Schedule, or
submit a claim through a letter, a memorandum, or an oral submission at a designated
Commission office or any other venue identified by the Commission.
(d) The claim shall include the following details:
− Name, address, and location of the claimant;
− Description of the property, including parcel number or an appropriate alternative
description if a parcel number is unavailable;
− Date of the claim;
− Grounds for the claim and a description of the alleged injustice;
− The period when the injustice occurred;
− The resultant effect of the injustice;
− Particulars of the respondent, if any;
− Number and details of witnesses the claimant wishes to call;
− Any previous attempts made to resolve the injustice; and
− The suggested remedy.

54
 (e) The claim should be accompanied by any supporting documents necessary to
substantiate the claim.
183.0 What is the criteria for admitting a historical claim?
a) it is verifiable that the act complained of resulted in displacement of the claimant or
other form of historical land injustice;
b) the claim has not or is not capable of being addressed through the ordinary court system
on the basis that:
▪ the claim is debarred under section 7 of the Limitation of Actions Act, (Cap.
22) or any other Law; or the claim contradicts a law that was in force at the time
when the injustice began;
▪ the claimant was either a proprietor or occupant of the land upon which the
claim is based;
▪ no action or omission on the part of the claimant amounts to surrender or
renouncement of the right to the land n question; and
▪ it is brought within five years from the date of commencement of the NLC Act.

184.0 What are the remedies for Historical Land Injustices?

After investigating any case of historical land injustice referred to, shall
recommend remedies among others—
a. Restitution
b. Compensation, if it is impossible to restore the land;
c. Resettlement on an alternative land;
d. Rehabilitation through provision of social infrastructure;
e. Creation of wayleaves and easements;
f. Communities;
g. Affirmative action programmes for marginalized groups and
h. Order for revocation and reallocation of the land;
i. Order for revocation of an official declaration in respect of any public
j. land and reallocation;
k. sale and sharing of the proceeds;

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185.0 What are the steps of land dispute resolution through HLI?
Call for HLI Claims →Receiving of HLI Claims → Admissibility → Investigations
/Hearing → Determination → Report Development → Remedies to Relevant Authorities
→ Share Report with Claimants
186.0 What happens after HLI Claim determination?
Once the NLC determines an HLI claim, the following steps may take place:
a. Implementation of the Determination:
If the claim is successful, the NLC recommends specific actions such as:

▪ Restitution – Returning land to original owners or their descendants.

▪ Compensation – Monetary or alternative land compensation.
▪ Resettlement – Relocating affected persons.
▪ Other Remedies – Such as policy interventions or legislative
recommendations.
b. Referral to Relevant Government Agencies: If implementation requires executive or
legislative action, the NLC refers the matter to the Ministry of Lands, Attorney General,
County Governments, or other relevant entities.
c. Monitoring and Compliance: The NLC may follow up to ensure compliance with the
determination
187.0 Who is responsible for enforcing NLC HLI determinations?
a. The National Land Commission (NLC): Oversees the implementation process and
liaises with relevant institutions.
b. Ministry of Lands and Physical Planning: Facilitates changes in land ownership, titles,
and related documentation.
c. National and County Governments: Implement land restitution, compensation, and
policy recommendations.
d. Office of the Attorney General and Judiciary: Handles legal aspects, including court
processes in case of disputes.
e. Other Relevant Agencies: Depending on the case, institutions such as the Kenya Land
Alliance (KLA), NGOs, or Community Land Boards may play a role.
188.0 What is the recourse if one is not satisfied with an HLI determination?

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If a party is dissatisfied with the NLC's determination on an HLI claim, they have the following
options:

a. Request for Review: The party may seek an internal review by the NLC before
proceeding to legal action.
b. Appeal to the Environment and Land Court (ELC): As per the Constitution of Kenya
(Article 162), decisions of the NLC on land matters can be challenged in the
Environment and Land Court.
c. Seek Alternative Dispute Resolution (ADR): Mediation or arbitration may be pursued
before escalating the matter to the courts.
d. Petition Parliament or Relevant Bodies: If the claim involves legislative or policy
issues, petitioning Parliament or relevant commissions may be an option.

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FREQUENTLY ASKED QUESTIONS ON DIGITAL LAND SYSTEMS

189.0 How does digitization help in land governance?

Digitization helps by making land records easily accessible, reducing the risk of fraud, and
improving the ease of doing business. It also supports better planning and management of land
resources, especially in the face of climate change challenges.
190.0 What is Ardhisasa?
Ardhisasa is a national land information management system developed by the Ministry of
Lands and Physical Planning in consultation with the National Lands Commission, County
Governments and other stakeholders, for Kenyans by Kenyans. This platform enables the
common mwananchi to access credible, reliable and efficient land and land-based services. For
more information, visit https://ardhisasa.lands.go.ke/home
191.0 How do I get register on Ardhisasa?
To access services on this platform, you have to go through a registration process. Click on the
“Register” icon, where you will be required to register as an individual or a company. The
requirements are as follows:
a) Individual registration
− Identification details (serial number of your current ID, ID number)
− Official mobile number (registered using your ID number)
− Personal e-mail address
− Set up a strong password
b) Company registration
− Company registration number
− Official company mobile number (registered using a director’s ID number)
− Company e-mail address
− Set up a strong password
192.0 How do I login and navigate through Ardhisasa after registration?
After successful registration, you will be redirected to a login page where you will be
required to:
a. Enter your ID number or registration number.
b. Enter your password.

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 c. Click ‘Continue’ a one-time password (OTP) will be sent to your official phone
number).
d. Enter the OTP to the field provided and click login.
193.0 How do I access a service that I need on Ardhisasa?
To access a service on this platform, the user is required to navigate to the service tab that
offers it i.e. the National Land Commission or the Ministry of Lands and Physical Planning.
Under the options provided, the applicant can locate a service of interest. Each application
contains additional FAQs for further guidance.
194.0 How are payments made on Ardhisasa?
All payments are done on Ardhisasa. You do not have to log out to make payments to either
the bank or the Ministry/NLC.
195.0 What is the role of an Advocate in the Registration process on Ardhisasa?
An Advocate on Ardhisasa acts as a witness on the output documents of Registration in
addition to initiating the various processes on the platform;
196.0 How do I pay Stamp Duty on Ardhisasa?
a) Log-in to 'Ardhisasa'.
b) Click on the 'Ardhipay' option.
c) Click on 'Stamp Duty Self-Assessment'.
d) Navigate to the 'New Application’ button and click on it.
e) Provide the relevant information & documentation needed and click on ‘Submit'.
f) Once the invoice has been generated, click on the ‘Pay’ button.
g) Choose a payment method & follow the instructions therein.
197.0 What payment methods are accepted by the system?
Our system accepts a variety of payment methods, including:
a) M-Pesa
b) Real Time Gross Settlement (RTGS)
c) Airtel money

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198.0 Are there any fees associated with using this payment system?
The payment processing is facilitated through e-citizen, and for each generated invoice,
there is a convenience fee of 50 shillings.

199.0 What should I do if my payment fails or is declined?

At Ardhisasa Customer Care, we understand that payment hiccups can happen for a variety of
reasons, and we're here to assist you. If you encounter a payment failure, which can sometimes be
due to factors like insufficient funds or payment method issues, we kindly advise you to review
your payment details carefully and make another attempt. If the issue continues to persist, please
don't hesitate to reach out to our dedicated customer support team for prompt assistance.
200.0 How can I view my payment history and receipts?
To view your payment history and receipts, simply log in to your account and head to the
"Ardhipay" section located on the left-hand panel of the system. In this section, you will find two
tabs: "Unpaid Invoices" and "Paid Invoices." These tabs provide a comprehensive summary of all
your payments, both those that have been paid and those that are still outstanding.
201.0 What is an online repository System?
Online repository is a centralized digital storage for storage of digital objects; these range from
digital archives, reports, manuscripts, anything that is in electronic format and needs a place to be
stored either in the short or longer term. For more details visit
https://repository.landcommission.go.ke:4000.
202.0 How do I access documents in online repository system?
Quick Search
i. Type keywords in the main search bar
ii. As you type, you'll see:
a) Suggested documents
b) Matching categories
c) Related authors
iii. Press Enter or click the search icon to see full results
iv. Results will show:
a) Document thumbnails
b) Titles and descriptions

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 c) Authors and dates
d) Download counts

Advanced Search
i. Click "Advanced Search" below the search bar
ii. Filter by:
a) Categories (select from dropdown)
b) Date range (use calendar picker)
c) Author (type name)
d) Publisher
e) Document type
iii. Results update automatically as you select filters
iv. Clear filters using "Reset" button

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203.0 18. How do I submit documents in the online repository system?
i. In the landing page, click "Submit Document" button
ii. Fill in required fields:
a) Title (be specific and clear)
b) Description (provide context)
c) Author(s)
d) Publication date
e) Category (select most relevant)
f) Tags (add relevant keywords)
iii. Upload your file:
a) Click "Choose File" or drag and drop
b) Supported formats: PDF, DOCX, JPG, PNG
c) Maximum file size: 10MB
iv. Preview details and confirm
vi. Click "Submit for Review"

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19. How do I request for documents in the online repository system?
i. Click "Request Document" button
ii. Complete the request form:
a. Document name/title
b.Reason for request
c. Urgency level
d.Your contact information
iii. Submit request
iv. You'll receive email updates about your request

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 REFERENCES
LAND POLICIES, LAWS, REGULATIONS & GUIDELINES

Category Details
Relevant Policies ✧ Constitution of Kenya
✧ National Land policy 2009
✧ Recommended national land policy, 2023
✧ Draft National Land Surveying and Mapping Policy
✧ Sessional Paper No. 3 on National land use policy, 2017
✧ National spatial plan
✧ National urban development policy
✧ Alternative Justice Systems Policy Framework, 2020
✧ National Land Commission Investigation and Inquiry
Practitioners Guide, 2024
Laws ✧ Land act, 2012
✧ Land Registration Act, 2012
✧ Community Land Act, 2016
✧ National Land Commission, 2012
✧ Land Adjudication Act, Cap 284
✧ Survey Act, Cap 299
✧ Physical and Land Use Planning Act, 2019
✧ Environment and Land Court Act, 2011
✧ County Government Act, 2012
✧ Law of Succession Act, Cap 160
✧ Environment Management and Coordination Act, Cap 387
✧ Judicature Act, Cap 8
✧ Judicature (Amendment) Act (No 10A of 2012)
✧ Land (Group Representatives) Act Cap 287 (repealed)
✧ Legal Notice 279 of 2017- Community

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Relevant Legislations ✧ Legal Notice 250 of 2021 - The Physical and Land Use Planning
(Liaison Committees) Regulations
✧ Legal Notice 278 of 2017 - The Land Registration (General)
Regulations
✧ The National Environmental Tribunal Procedure Rules Cap.
387
✧ Legal Notice 258 of 2017 - The National Land Commission
(Investigation of Historical Land Injustices) Regulations
County Based ✧ The West Pokot Pokot County Climate Change Fund Act, 2021
✧ The West Pokot County Valuation And Rating Act, 2015 (No.
9 Of 2015)
✧ The West Pokot County Urban Planning Act, 2016

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Key Kenya Physical and Land Use Planning forms that are provided in the Physical and
Land Use Planning (Development Permission and Control) (General) Regulations, 2021.

a. FORM PLUPA/DC/1A - Application for development permission

(planning application) – Subdivision, Extension of Lease or Use or
Change of user, Demolition, Densification, Easements and way leaves
b. FORM PLUPA/DC/1B - Application for development permission
(building plan)
c. FORM PLUPA/DC/1C - Application for development permission
(structural/civil engineering drawings)
d. FORM PLUPA/DC/1F - Application form for development permission
of a strategic national project
e. FORM PLUPA/DC/1 - Authority to issue development permission and
other Development control instruments
f. FORM PLUPA/DC/2 - Public notice - notification for proposed
subdivision
g. FORM PLUPA/DC/3 - PUBLIC NOTICE - Notification for proposed
change of user/extension of user/densification of use /extension of
lease/renewal of lease
h. FORM PLUPA/DC/4 - Public notice - notification for proposed change
of user/ extension of user/ densification of use / extension of lease/
renewal of lease
i. FORM PLUPA/DC/5 - submission certificate
j. FORM PLUPA/DC/6A – Circulation sheet
k. FORM PLUPA/DC/6B - Circulation sheet (building plan)
l. FORM PLUPA/DC/7A – General circulation register
m. FORM PLUPA/DC/8 - Notification of approval/refusal/deferment of
application
n. FORM PLUPA/DC/9 - Surrender of land for public purpose
o. FORM PLUPA/DC/10 - certificate of compliance
p. FORM PLUPA/DC/11 - notice for issuance of occupation certificate
q. FORM PLUPA/DC/12 - notification of revocation of development
permission
r. FORM PLUPA/DC/14 - commencement notice for development
s. FORM PLUPA/DC/15 - notice of inspection

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