- Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principles:
- equitable access to land;
- security of land rights;
- sustainable and productive management of land resources;
- transparent and cost effective administration of land;
- sound conservation and protection of ecologically sensitive areas;
- elimination of gender discrimination in law, customs and practices related to land and property in land; and
- encouragement of communities to settle land disputes through recognised local community initiatives consistent with this Constitution.
- These principles shall be implemented through a national land policy developed and reviewed regularly by the national government and through legislation.
Chapter Five sets constitutional rules for land ownership, land administration, and protection of the environment for present and future generations.
In the classroom:
Focus on Article 60 principles, the public, community and private land classes (Articles 61–64), non-citizen holding and land use (Articles 65–66), the National Land Commission and land legislation (Articles 67–68), and environmental duties and enforcement (Articles 69–72).
The Constitution divides Chapter Five into two Parts: Part 1 (Land, Articles 60–68) and Part 2 (Environment and natural resources, Articles 69–72). Each card below groups the matching article buttons; on small screens you can collapse a Part.
Part 1 — Land · Part 2 — Environment and natural resources
Multiple Choice — 10 Questions
Questions 1–7 follow Chapter 5; 8–10 are short scenarios. Choose an answer for each question. Use Clue for a hint (overlay). Correct answers and explanations appear only after all ten are answered and you click See results.
1. Land policy principles in Article 60 include:
2. Land in Kenya is classified under Article 61 as:
3. Community land is primarily governed by:
4. Public land is addressed in:
5. The National Land Commission is established under:
6. Article 69 mainly covers:
7. Chapter Five covers which article range?
8. A community alleges pollution of its river and wants court action without proving personal financial loss. Article 70 implies:
9. A non-citizen receives a title purporting to grant freehold ownership. Under Article 65 this is treated as:
10. A major natural-resource concession signed after the effective date generally requires:
Your saved score appears here after you complete this lesson.
Read full chapter text
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THE CONSTITUTION OF KENYA, 2010 — Chapter 5
Extracted from: constitution/Constitution_of_Kenya_2010.txt
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Chapter Five
LAND AND ENVIRONMENT
Part 1 – Land
60. Principles of land policy
(1) Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive
and sustainable, and in accordance with the following principles—
(a) equitable access to land;
(b) security of land rights;
(c) sustainable and productive management of land resources;
(d) transparent and cost effective administration of land;
(e) sound conservation and protection of ecologically sensitive areas;
(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.
61. Classification of land
(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.
62. Public land
(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 provided for by an Act of Parliament;
(i) all rivers, lakes and other water bodies as defined by an Act of Parliament;
(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.
63. Community land
(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 Parliament; and
(d) land that is—
(i) lawfully held, managed or used by specific communities as community forests, grazing
areas or shrines;
(ii) ancestral lands and lands traditionally occupied by hunter-gatherer communities; or
(iii) lawfully held as trust land by the county governments,
but not including any public land held in trust by the county government under Article 62(2).
(3) Any unregistered community land shall be held in trust by county governments on behalf of the
communities for which it is held.
(4) Community land shall not be disposed of or otherwise used except in terms of legislation specifying
the nature and extent of the rights of members of each community individually and collectively.
(5) Parliament shall enact legislation to give effect to this Article.
64. Private land
Private land consists of —
(a) registered land held by any person under any freehold tenure;
(b) land held by any person under leasehold tenure; and
(c) any other land declared private land under an Act of Parliament.
65. Landholding by non-citizens
(1) A person who is not a citizen may hold land on the basis of leasehold tenure only, and any such
lease, however granted, shall not exceed ninety-nine years.
(2) If a provision of any agreement, deed, conveyance or document of whatever nature purports to
confer on a person who is not a citizen an interest in land greater than a ninety-nine year lease, the
provision shall be regarded as conferring on the person a ninety-nine year leasehold interest, and
no more.
(3) For purposes of this Article—
(a) a body corporate shall be regarded as a citizen only if the body corporate is wholly owned by
one or more citizens; and
(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.
66. Regulation of land use and property
(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.
67. National Land Commission
(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.
(3) The National Land Commission may perform any other functions prescribed by national legislation.
68. Legislation on land
Parliament shall—
(a) revise, consolidate and rationalise existing land laws;
(b) revise sectoral land use laws in accordance with the principles set out in Article 60(1); and
(c) enact legislation—
(i) to prescribe minimum and maximum land holding acreages in respect of private land;
(ii) to regulate the manner in which any land may be converted from one category to another;
(iii) to regulate the recognition and protection of matrimonial property and in particular the
matrimonial home during and on the termination of marriage;
(iv) to protect, conserve and provide access to all public land;
(v) to enable the review of all grants or dispositions of public land to establish their propriety or
legality;
(vi) to protect the dependants of deceased persons holding interests in any land, including the
interests of spouses in actual occupation of land; and
(vii) to provide for any other matter necessary to give effect to the provisions of this Chapter.
Part 2 – Environment and natural resources
69. Obligations in respect of the environment
(1) The State shall—
(a) ensure sustainable exploitation, utilisation, management and conservation of the
environment and natural resources, and ensure the equitable sharing of the accruing
benefits;
(b) work to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya;
(c) protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and
the genetic resources of the communities;
(d) encourage public participation in the management, protection and conservation of the
environment;
(e) protect genetic resources and biological diversity;
(f) establish systems of environmental impact assessment, environmental audit and monitoring
of the environment;
(g) eliminate processes and activities that are likely to endanger the environment; and
(h) utilise the environment and natural resources for the benefit of the people of Kenya.
(2) Every person has a duty to cooperate with State organs and other persons to protect and conserve
the environment and ensure ecologically sustainable development and use of natural resources.
70. Enforcement of environmental rights
(1) If a person alleges that a right to a clean and healthy environment recognised and protected under
Article 42 has been, is being or is likely to be, denied, violated, infringed or threatened, the person
may apply to a court for redress in addition to any other legal remedies that are available in respect
to the same matter.
(2) On application under clause (1), the court may make any order, or give any directions, it considers
appropriate—
(a) to prevent, stop or discontinue any act or omission that is harmful to the environment;
(b) to compel any public officer to take measures to prevent or discontinue any act or omission
that is harmful to the environment; or
(c) to provide compensation for any victim of a violation of the right to a clean and healthy
environment.
(3) For the purposes of this Article, an applicant does not have to demonstrate that any person has
incurred loss or suffered injury.
71. Agreements relating to natural resources
(1) A transaction is subject to ratification by Parliament if it—
(a) involves the grant of a right or concession by or on behalf of any person, including the
national government, to another person for the exploitation of any natural resource of
Kenya; and
(b) is entered into on or after the effective date.
(2) Parliament shall enact legislation providing for the classes of transactions subject to ratification
under clause (1).
72. Legislation relating to the environment
Parliament shall enact legislation to give full effect to the provisions of this Part.