Types of Land Ownership in Kenya
The Constitution of Kenya, under Chapter 5 on Land and Environment (Article 61), classifies land into three categories: public land, community land, and private land.
Public Land
Public land is designated for public use or environmental protection, as outlined in Article 62 of the Constitution. Depending on its use, it is vested in either the county government or the national government. Public land includes:
- Unalienated government land as of the effective date of the Constitution.
- Land lawfully held, used, or occupied by a state organ, except when held under a private lease.
- Land transferred to the state by sale, reversion, or surrender.
- Land without individual or community ownership as determined by legal processes.
- Land with no identifiable heir.
- All minerals and mineral oils.
- Government forests, game reserves, water catchment areas, national parks, animal sanctuaries, and specially protected areas.
- All roads, thoroughfares, rivers, lakes, and other water bodies as defined by law.
- The territorial sea, exclusive economic zone, seabed, and continental shelf.
- Land between high and low watermarks.
- Any land not classified as private or community land.
- Any other land declared as public by an Act of Parliament.
Public land is managed by the National Land Commission (NLC) on behalf of the people, as provided under Article 67 of the Constitution.
Community Land
Article 63 of the Constitution recognizes community land, which vests in and is held by communities based on ethnicity, culture, or shared interests. Community land includes:
- Land registered in the name of group representatives under existing laws.
- Land lawfully transferred to a community through legal processes.
- Land declared as community land by an Act of Parliament.
- Land used, managed, or held by communities as forests, grazing areas, shrines, or ancestral lands.
- Land occupied by hunter-gatherer communities.
- Trust land held by county governments on behalf of communities (excluding public land held in trust under Article 62(2)).
Unregistered community land is held in trust by county governments. Community land is governed by the Community Land Act No. 27 of 2016 and cannot be disposed of or used except in accordance with this law.
Private Land
Private land is owned by individuals or legal entities. Article 64 of the Constitution defines private land as:
- Registered land held under freehold tenure.
- Land held under leasehold tenure.
- Any land declared private by an Act of Parliament.
The Ministry of Lands oversees the registration of private land interests. Private land ownership falls under two tenure systems:
Freehold Tenure
This grants absolute ownership of land for life, with minimal restrictions on use. Some freehold titles, however, may impose conditions, such as agricultural use only, as regulated by the Land Control Board under the Land Control Act.
Leasehold Tenure
This grants land use rights for a specified period, subject to payment of land rent to the government and land rates to county governments. Upon lease expiry, the land reverts to the owner unless the leaseholder applies for renewal or extension.
Conclusion
All land in Kenya falls under one of these three classifications, ensuring proper planning, management, and protection of land rights for all citizens.
