In the context of land reform, recognition of community land was a step towards reversing the historical land injustices against communities rendering them vulnerable to marginalization and exploitation. This created a misconception that community land is owned by nobody, a practice that went on through the successive independent governments. Ultimately community land became trust lands under the trusteeship of now defunct local government.
The guiding principles to this Act include, vesting community land in the communities, affording equal status and recognition of title, empowering members of the community to determine the management of the land, affording equal rights to all members of the community and elimination of all forms of discrimination.
Definition of “Community” within the Community Land Act
What are the steps that should be followed in the registration process of community land?
Can a Community member obtain exclusive rights on Community land?
Are customs and practices related to land use by pastoral communities recognized by the Community Act?
Except with a written authority from registered authorities in the community, a person shall not:
- Erect or occupy any building within the community land.
- Plough or cultivate any portion of land.
- Take up or occupy any portion of the land.
- Obstruct and prevent any person from accessing water points with contravening this being liable on conviction to a fine not exceeding Ksh. 100,000 or imprisonment for a period not exceeding six months.
Does the Act provide equal enjoyment of rights of use and access?
- Yes it does. It includes women, youth, men, minority, persons with disabilities and marginalized groups.
For more information on the Community Land Act visit our website www.hakijamii.com