Constitution of Kenya, 2010
42
(f) elimination of gender discrimination in law, customs and
practices related to land and property in land; and
(g) encouragement of communities to settle land disputes
through recognised local community initiatives consistent with
this Constitution.
(2) These principles shall be implemented through a national land
policy developed and reviewed regularly by the national government
and through legislation.
Classification of land.
61. (1) All land in Kenya belongs to the people of Kenya
collectively as a nation, as communities and as individuals.
(2) Land in Kenya is classified as public, community or private.
Public land.
62. (1) Public land is—
(a) land which at the effective date was unalienated government
land as defined by an Act of Parliament in force at the
effective date;
(b) land lawfully held, used or occupied by any State organ,
except any such land that is occupied by the State organ as
lessee under a private lease;
(c) land transferred to the State by way of sale, reversion or
surrender;
(d) land in respect of which no individual or community ownership
can be established by any legal process;
(e) land in respect of which no heir can be identified by any legal
process;
(f) all minerals and mineral oils as defined by law;
(g) government forests other than forests to which Article 63 (2)
(d) (i) applies, government game reserves, water catchment
areas, national parks, government animal sanctuaries, and
specially protected areas;
(h) all roads and thoroughfares
Parliament;
provided for
by an Act of
(i) all rivers, lakes and other water bodies as defined by an Act
of Parliament;
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