Constitution of Kenya, 2010
(j) the territorial sea, the exclusive economic zone and the sea
bed;
(k) the continental shelf;
(l) all land between the high and low water marks;
(m) any land not classified as private or community land under
this Constitution; and
(n) any other land declared to be public land by an Act of
Parliament—
(i) in force at the effective date; or
(ii) enacted after the effective date.
(2) Public land shall vest in and be held by a county government
in trust for the people resident in the county, and shall be administered
on their behalf by the National Land Commission, if it is classified
under—
(a) clause (1) (a), (c), (d) or (e); and
(b) clause (1) (b), other than land held, used or occupied by a
national State organ.
(3) Public land classified under clause (1) (f) to (m) shall vest in
and be held by the national government in trust for the people of
Kenya and shall be administered on their behalf by the National Land
Commission.
(4) Public land shall not be disposed of or otherwise used except
in terms of an Act of Parliament specifying the nature and terms of that
disposal or use.
Community land.
63. (1) Community land shall vest in and be held by communities
identified on the basis of ethnicity, culture or similar community of
interest.
(2) Community land consists of—
(a) land lawfully registered in the name of group representatives
under the provisions of any law;
(b) land lawfully transferred to a specific community by any
process of law;
(c) any other land declared to be community land by an Act of
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