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CHAPTER
IX - TRUST
LAND
114.
Interpretation of Chapter.
115.
Trust Land to vest in county councils.
116.
Registration of individual titles and Trust land.
117.
Setting apart of Trust land by county councils.
118.
Setting apart of Trust land for purposes of Government, etc.
119.
Land no longer required for purposes of Government etc.
120.
Escheat of rights in former Trust land.
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Interpretation of Chapter
Cap. 288.
Cap 280
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CHAPTER IX
TRUST LAND
114. (1) Subject to this Chapter,
the following descriptions of land are Trust
land—
(a)
land which is in the Special Areas (meaning the
areas of land that
boundaries of which were
specified in the First Schedule to the
Trust Land Act
as in force on 31st May, 1963) and
which was on 31st May, 1963 vested
in
the Trust Land Board by virtue of any law or
registered in the name of the Trust
Land Board;
(b)
the areas of land that were known before 1st
June, 1963 as Special
Reserves, Temporary Special Reserves, Special
Leasehold Areas and Special
Settlement Area and the Boundaries of which
were described respectively in the Forth,
Fifth, Sixth and Seventh Schedules to the Crown
Lands ordinance as in force on 31st
May, 1963, the areas of land that were on 31st
May, 1963 communal reserves by virtue
of a declaration under section 58 of that Ordinance,
the areas of land referred to in
section 59 of that Ordinance as in force on
31st May, 1963 and the areas of land
in
respect of which a permit to occupy was in force
on 31st May, 1963 under section 62
of that ordinance; and
(c)
land situated outside the Nairobi Area (as it was
on 12th December, 1964)
the freehold title to which is registered in
the name of a county council by virtue of an
escheat:
Providing that Trust land does not
include any estates, interests or rights in
or
over land situated in the Nairobi Area (as it
was on 12th December, 1964) that
on
31st May, 1963 were registered in
the name of the Trust Land Board under the former
Land Registration (Special Areas) Ordinance.
(2) In this
Chapter, references to a county council shall,
in relation to land within the
areas of jurisdiction of the Taveta Area Council,
the Pokot Area Council, the Elegy Area
Council, the Marakwet Area Council, the Mukogodo
Area Council, the Elgon Local Council,
and the Kuria Local Council, be construed as
references to those councils respectively.
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Trust
land to vest in county councils.
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115. (1) All Trust land shall
vest in the county council within whose area
of jurisdiction
it is situated: Provided that there shall not
vest in any county council by virtue of this
subsection---
(i) any of body of water that
immediately before 12th December,
1964 was vested in
any person or authority in right of the Government
of Kenya: or
(ii) any minerals or mineral
oils.
(2) Each county council shall hold the Trust
land vested in it for the
benefit of
the persons ordinarily resident on that land
and shall give effect to such rights, interests
or other benefits in respect of the land as
may, under the African customary law for the
time being in force and applicable thereto,
be vested in any tribe, group, family or individual:
Provided
that no right, interest or other benefit under
African customary law shall have
effect for the purposes of this subsection so
far as it is repugnant to any written law.
(3) Notwithstanding subsection (2), provision
may be made by or under an Act of
Parliament enabling a person to be granted a
right or interest to prospect for minerals
or mineral oils on any area of Trust land, or
to extract minerals or mineral oils from any
such area, and the county council in which the
land is vested shall give effect to that right
or interest accordingly:
Provided that the
total period during which minerals or mineral
oils may be
prospected for on, or extracted from, any particular
area of land by virtue of any grant or
grants while the land is not set apart shall
not exceed two years.
(4) Subject to this Chapter, provision may be
made by or under an Act of
Parliament with respect to the administration
of Trust land by a county council.
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Registration of individual titles to Trust land.
Cap. 283
Cap. 284
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116. (1) A county council may, in such manner and subject to such conditions
as may
be prescribed by or under an Act of Parliament,
request that any law to which this
subsection applies shall to an area of Trust
land vested in that county council, and
when the title to any parcel of land within
that area is registered under any such law
otherwise than in the name of the county council
it shall cease to be Trust land.
(2)
The laws to
which subsection (1) applies are---
(a)
The Land Consolidation Act and the Land Adjudication
Act; and
(b)
Any other law permitting the registration of individual
titles to estates,
interests or rights in or over land that, immediately
before registration, is Trust land
(except so far as the law permits the registration
of estates, interests or rights vested
in persons or authorities for whose use and
occupation the land has been set apart
under this Chapter).
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Setting apart of Trust land by county councils
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117. (1) Subject
to this section, an Act of Parliament may empower
a county council to set apart an area
of Trust land vested in
that county council for use and occupation-
(a)
By a public body or authority for public purposes;
or
(b)
For the purpose of the prospecting for or the extraction
of minerals or
mineral oils; or
(c)
By any person or persons for a purpose which in
the opinion of that county
council is likely to benefit the ordinarily
resident in that area or any other area of Trust
land vested in that county council, either by
reason of the use to which the area so
set apart is to be put or by reason of the revenue
to be derived from rent in respect
thereof
And the
Act of Parliament
may prescribe the manner in Which and the conditions
subject to which such setting Apart shall be effected.
(2)
Where a county council has set apart an area of
land in pursuance of this
section, any rights, interest or other benefits
in respect of that land that were
previously vested in a tribe, group, family
or individual under African customary law shall
be extinguished.
(3)
Where a county council
has set apart an area of land in pursuance of
this
section, it may, subject to any law, make grants
or
dispositions of any estate,
interest
or right in or
over that land or any part of it to any
person or authority for whose use and occupation it was set apart.
(4)
No setting apart in pursuance of this section shall
have Effect unless
provision is made by the law under which the
setting apart takes place for the prompt
payment of full Compensation to any resident of the
land set apart
who--
(a)
Under the African customary law for the time being
in force and applicable
to the land, has a right to occupy any part
of the land; or
(b)
is, otherwise than in common with all other residents of the land, in some
other way prejudicially affected by the setting
apart.
(5)
No right, interest or other benefit under African
customary law shall have
effect for the purposes of subsection (4) so
far as it is repugnant to any written law.
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Setting apart of Trust land for
purposes of Government etc.
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118. (1) Where the president
is satisfied that the use and occupation of
an area of Trust
land is required for any of the purposes specified
in subsection (2), he may, after consultation
with the county council in which the land is
vested, give written
notice to that
county council that the land is required to
be set apart for use
and occupation
for those purposes; and the
land shall then be set apart accordingly
and there shall
be
vested in the Government of Kenya or in
such other person
or authority referred to in subsection
(2) as may be
specified in the written notice, such estates,
interests or
rights in or over that land or any part
of it as may be
specified in the written notice
(2)
The purpose for which Trust land may be set apart
under this section are
---
(a)
the purpose of the Government of Kenya;
(b)
the purposes of a body corporate established for
public purposes by an Act
of Parliament;
(c)
the purposes of a company registered under the law
relating to companies
in which shares are held by or on behalf of the Government of Kenya;
(d)
the purposes of the prospecting for or the extraction
of minerals or mineral
oils.
(3)
This section shall apply to land that has already
been set
Apart
in pursuance of section 117 as it applies to
other
land, and in that case a setting apart
under this section
shall extinguish any estate, interest
or right in or over the
land or any part thereof that may be vested
in any person
or authority in consequence of the setting
apart under that
section, but section 75 shall apply in
relation to the setting
apart under this section as if it were
a compulsory
acquisition by the Government of Kenya
under an Act of
Parliament of the estate, interest or
right so extinguished.
(4) Where land is set apart under this
section---
(a)
any rights, interests or other benefits in respect
of that land that were
previously vested in any tribe, group, family
or individual under African customary law
shall be extinguished; and
(b)
the Government of Kenya shall make prompt payment
of full compensation
for the setting apart to such persons as under
section 117 (4) are entitled to
compensation when land is set apart in pursuance
of that section.
(5) Subject
to this section, Parliament may prescribe the
manner in which and the conditions subject
to which a
setting apart under this section shall
be effected.
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Land longer required for purposes
of Government etc
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119.
Where
the President is satisfied that any land that
has been
set apart under section 118 is no longer required for any
of the purposes specified in that section, the
President shall
in writing so notify the county council in whose
area of
jurisdiction the land is situated, and thereupon
the setting apart
shall cease to have effect and any estate, interest
or right vested
in any person or authority in consequence of the
setting apart
shall be
extinguished and (without prejudice to the subsequent
making of a further setting apart under any provision
of this
Chapter) the land shall again be held by the county
council in
accordance with section 115:
Provided
that, where an estate, interest or right that
is vested in a person or authority
other than the Government of Kenya is extinguished
in pursuance of this section, section
75 (except paragraphs (a) and (b) of subsection
(1) thereof) shall apply to that
extinguishment as if it were a compulsory acquisition
by the Government of Kenya under
an Act of Parliament of the estate, interest
or right so extinguished.
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Escheat of rights in former Trust land.
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120. (1) Where a person
in whom there is vested an estate, interest
or right in or over land to which this
section applies dies
intestate and without heirs, the estate,
interest or right shall
escheat to the county council in whose
area of jurisdiction
the land is situated.
(2)
Where a company
in which there is vested any estate,
interest or right in or over land and
to which this section
applies is dissolved, then, except so
far as provision
is
made by the law relating to companies
for the vesting f
that estate, interest or right in some
other person or
authority, it shall escheat
as if it were vested in a person who dies intestate
and without heirs.
(3)
The land to which this section applies is the land, other than land
that is situated in the Nairobi Area (as it
was on
12th December, 1964), that is
specified in paragraphs (a),
(b) and (c) of section 114 (1).
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