Constitution of Kenya, 2010
(b) property held in trust shall be regarded as being held by a
citizen only if all of the beneficial interest of the trust is held by
persons who are citizens.
(4) Parliament may enact legislation to make further provision for
the operation of this Article.
Regulation of land use and property.
66. (1) 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.
(2) Parliament shall enact legislation ensuring that investments in
property benefit local communities and their economies.
National Land Commission.
67. (1) There is established the National Land Commission.
(2) The functions of the National Land Commission are—
(a) to manage public land on behalf of the national and county
governments;
(b) to recommend a national land policy to the national
government;
(c) to advise the national government on a comprehensive
programme for the registration of title in land throughout
Kenya;
(d) to conduct research related to land and the use of natural
resources, and make recommendations to appropriate
authorities;
(e) to initiate investigations, on its own initiative or on a complaint,
into present or historical land injustices, and recommend
appropriate redress;
(f) to encourage the application of traditional dispute resolution
mechanisms in land conflicts;
(g) to assess tax on land and premiums on immovable property in
any area designated by law; and
(h) to monitor and have oversight responsibilities over land use
planning throughout the country.
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