Land Adjudication Cap 284 - as Plain Text by MWakili

LAWS OF KENYA The Land adjudicaTion acT Chapter 284 Revised Edition 2010 (1977) Published by the National Council for Law Reporting with the Authority of the Attorney General www.kenyalaw.org 2 CAP.

284 Land Adjudication [Rev.

2010 CHAPTER 284 THE LAND ADJUDICATION ACT ARRANGEMENT OF SECTIONS part IprelImInary Section 1Short title.

2Interpretation.

3Application.

part IIthe adjudICatIon offICer and hIs staff, adjudICatIon CommIttees and arbItratIon boards 4Appointment of ofcers.

5Establishment of adjudication sections.

6Appointment of adjudication committee.

7Appointment of arbitration board.

8Procedure of committees and boards.

9Duties of adjudication ofcer.

10General powers of adjudication ofcer.

11Particular powers of adjudication ofcer.

12Procedure before adjudication ofcer.

part IIIasCertaInment of Interests In land 13Claims and attendance.

14Warning of demarcation and recording.

15Duties of demarcation ofcer.

16Duties of survey ofcer.

17General powers of demarcation and survey ofcers.

18Particular powers of demarcation ofcer.

19Duties of recording ofcer.

20Functions of committee.

21Decisions of committee.

22Functions of arbitration board.

part IVpreparatIon of the adjudICatIon regIster 23Preparation of adjudication record.

24Adjudication register.

25Action on completion of adjudication record.

26Objection to adjudication register.

Rev.

2010] Land Adjudication CAP.

284 3 arrangement of seCtIons(Contd.) 26ANo objection Register.

27Finalization of adjudication register, subject to appeals.

28Action by land registrar.

29Appeal.

part VmIsCellaneous 30Staying of land suits.

31Publication of notices.

32Fees for adjudication.

33Offences.

34Protection of ofcers.

35Regulations.

36[Spent].

37[Spent].

sChedules[Spent].

4 CAP.

284 Land Adjudication [Rev.

2010 35 of 1968, CHAPTER 284 10 of 1969, 16 of 1977, THE LAND ADJUDICATION ACT 7 of 2007.

Commencement : 28th June, 1968 An Act of Parliament to provide for the ascertainment and recording of rights and interests in Trust land, and for purposes connected therewith and purposes incidental thereto part IprelImInary Short title.

1.

This Act may be cited as the Land Adjudication Act.

Interpretation.

2.

In this Act, except where the context otherwise requires adjudication area means an area to which this Act is applied under section 3 (1) of this Act; adjudication ofcer means an adjudication ofcer appointed under section 4 of this Act; adjudication record means an adjudication record prepared under sections 19 and 23 of this Act; adjudication register means the adjudication register mentioned in section 24 of this Act; adjudication section means an adjudication section established under section 5 of this Act; board means an arbitration board or a special arbitration board appointed under section 7 of this Act; Chief Land Registrar means the Chief Land Registrar appointed Cap.

300.

under the Registered Land Act; committee means an adjudication committee appointed under section 6 (1) of this Act; demarcation map means a demarcation map prepared under section 16 of this Act; demarcation ofcer means a demarcation ofcer appointed under section 4 of this Act; Rev.

2010] Land Adjudication CAP.

284 5 Director of Land Adjudication means the person for the time being holding the public ofce of that name; disability means disability arising from minority or other incapacity; group means a tribe, clan, section, family or other group of persons, whose land under recognized customary law belongs communally to the persons who are for the time being the members of the group, together with any person of whose land the group is determined to be the owner under the proviso to section 23 (2) (a) of this Act; guardian means a person responsible (whether under recognized customary law or otherwise) for protecting the interests of a person who is under a disability; interest, in relation to land, includes absolute ownership of the land and any right or interest in or over the land which is capable of being registered under the Registered Land Act; land includes things growing on land and buildings and other things permanently afxed to land; land registrar means the person responsible for the registration of title to land in the area in question under the Registered Land Act; parcel means an area of land separately shown on the demarcation map; recording ofcer means a recording ofcer appointed under section 4 of this Act; survey ofcer means a survey ofcer appointed under section 4 of this Act; 3.

(1) The Minister may by order apply this Act to any area of Application.

Trust land if (a) the county council in whom the land is vested so requests; and (b) the Minister considers it expedient that the rights and interests of persons in the land should be ascertained and registered; and (c) the Land Consolidation Act does not apply to the area: Cap.

283.

6 CAP.

284 Land Adjudication [Rev.

2010 Provided that this Act may be applied to an area to which the Land Consolidation Act applies where a record of existing rights has not been completed and certied under section 16 of that Act, and in such case, where anything has been done in the course of or for the purpose of adjudication under that Act, the Minister, if he is satised that those things have been done substantially in accordance with the principles of this Act, may, by order, order that those things shall be deemed to have been done under the corresponding provisions of this Act.

(2) An order under this section shall dene the area to which it relates either by description or by reference to a plan or both.

part IIthe adjudICatIon offICer and hIs staff, adjudICatIon CommIttees and arbItratIon boards Appointment of 4.

(1) Where an order is made under section 3 (1) of this Act, the Minister shall, by notice in the Gazette, appoint a public ofcer to be ofcers.

the adjudication ofcer for the adjudication area, and the adjudication ofcer may in writing appoint such demarcation ofcers, survey ofcers and recording ofcers, being public ofcers, as may be necessary for demarcating, surveying and recording interests within the adjudication area, and they shall be subordinate to him.

(2) Where the Minister has appointed an adjudication ofcer for an adjudication area, he may, if he considers that the situation so requires, appoint for that adjudication area additional adjudication ofcers having limited powers and confer on them all or any of the powers conferred by sections 9 (2), 10, 11 (b),12, 20 (b), 21 (2), 26 and 34 of this Act, and an adjudication ofcer so appointed shall have the powers so conferred on him and no more.

Establishment of 5.

(1) The adjudication ofcer shall by notice either adjudication sections.

(a) establish adjudication sections within the adjudication area; (b) establish the whole adjudication area as an adjudication section.

(2) A separate notice shall be published in respect of each adjudication section, and in each such notice the adjudication ofcer (a) shall dene as clearly as possible the area of the adjudication section; Rev.

2010] Land Adjudication CAP.

284 7 (b) shall declare that interests in land within the adjudication section will be ascertained and recorded in accordance with this Act; (c) shall xa period within which a person claiming an interest in land within the adjudication section must make his claim to the recording ofcer, either in writing or in person or by his agent duly authorized according to law (including recognized customary law); and (d) may require any person making a claim to point out to the demarcation ofcer or to demarcate or assist in the demarcation of the boundaries of the land in which he claims to be interested or to clear any such boundaries or any other line in the manner and before a date xed by the demarcation ofcer.

6.

(1) In respect of each adjudication section, the adjudication Appointment of adjudication ofcer, after consultation with the District Commissioner of the district within which the adjudication section lies, shall appoint not less than ten committee.

persons resident within the adjudication section to be the adjudication committee for that adjudication section.

(2) The adjudication ofcer shall appoint an executive ofcer for each committee to keep its records and to inform the recording ofcer of its decisions, and the executive ofcer shall attend and may speak at any meeting of the committee, but may not vote.

7.

(1) The Provincial Commissioner of the province in which the Appointment of arbitration board.

adjudication area lies shall, upon the request of the adjudication ofcer, appoint a panel for the adjudication area, consisting of not less than six and not more than twenty-ve persons resident within the district in which the adjudication area is situate, and the adjudication ofcer may from time to time appoint in writing not less than ve persons from the panel to form an arbitration board for a particular question arising in an adjudication section within the adjudication area: Provided that (i) no person who has sat on a committee which has given a decision upon a particular question shall sit as a member of a board to consider the same question; (ii) where the land concerned lies on or near the boundary of a district, and the persons who claim an interest in it are resident in different districts, the Minister may, in his absolute discretion, appoint a special arbitration board consisting of eight persons.

8 CAP.

284 Land Adjudication [Rev.

2010 (2) The adjudication ofcer shall appoint an executive ofcer for each board to keep its records and to inform the recording ofcer of its decisions, and the executive ofcer shall attend and may speak at any meeting of the board, but may not vote: Provided that a person who has acted as executive ofcer of a committee which has given a decision upon a particular question shall not act as executive ofcer of a board in connexion with the same question.

Procedure of 8.

(1) If a member of a committee or board has any interest, direct committees and or indirect, in the determination of a claim to an interest in land which boards.

is before the committee or board (as the case may be), and is present at a meeting of the committee or board at which the determination of that claim is under consideration, he shall at the meeting, as soon as practicable after it begins, disclose his interest and not take part in the consideration or discussion of the claim, nor shall he vote on any question with respect to the determination of the claim.

(2) Each committee and board shall elect one of its members to be chairman, who shall preside at all meetings at which he is present; and if at any meeting the chairman is absent the members present shall elect one of themselves to preside at that meeting.

(3) The quorum of a committee or board, where the total number of members is an even number, shall be one-half of that number, and where the total number of members is an uneven number it shall be one-half of the even number that is greater than that number by one.

(4) The decision of three-quarters or more of the members of a committee or board who are present and vote shall be the decision of the committee or board, as the case may be.

(5) Any decision of a committee or board shall be signied in writing and signed by the chairman and the executive ofcer, and the executive ofcer shall inform any of the parties who are not present of the decision.

Duties of 9.

(1) The adjudication ofcer shall be in charge of and shall exercise general supervision and control over the adjudication.

adjudication ofcer.

(2) The adjudication ofcer shall hear and determine (a) any petition respecting any act done, omission made or decision given by a survey ofcer, demarcation ofcer or recording ofcer; and Rev.

2010] Land Adjudication CAP.

284 9 (b) any objection to the adjudication register which is submitted in accordance with section 26 of this Act.

10.

(1) The adjudication ofcer shall have jurisdiction in all claims General powers of made under this Act relating to interests in land in the adjudication area, adjudication ofcer.

with power to determine any question that needs to be determined in connexion with such claims, and for that purpose he shall be legally competent to administer oaths and to issue summonses, notices or orders requiring the attendance of such persons or the production of such documents as he may consider necessary for the carrying out of the adjudication.

(2) The adjudication ofcer may himself exercise all or any of the powers which are given by this Act to ofcers subordinate to him.

11.

In the course of the adjudication, the adjudication ofcer shall Particular powers of have the following powers adjudication ofcer.

(a) he may issue to the ofcers subordinate to him and to committees and boards such general or particular directions as he thinks necessary for carrying out the provisions of the Act which relate to the procedure for demarcation, recording of title and survey within the adjudication area; (b) at any time before the adjudication register is completed, he may correct any error or supply any omission occurring in the adjudication register; (c) he may make a claim or otherwise act on behalf of a person who is absent or under a disability if he considers it necessary to avoid injustice.

Procedure before 12.

(1) In the hearing of any objection or petition made in writing, adjudication ofcer.

the adjudication ofcer shall make or cause to be made a record of the proceedings, and shall, so far as is practicable, follow the procedure directed to be observed in the hearing of civil suits, save that in his absolute discretion he may admit evidence which would not be admissible in a court of law, and may use evidence adduced in another claim or contained in any ofcial record, and may call evidence of his own accord.

(2) Any proceeding conducted under this Act by the adjudication ofcer or by an ofcer subordinate to him for that purpose is a judicial Cap.

63.

proceeding for the purpose of Chapters XI and XVIII of the Penal Code.

10 CAP.

284 Land Adjudication [Rev.

2010 part IIIasCertaInment of Interests In land Claims and 13.

(1) Every person who considers that he has an interest in attendance.

land within an adjudication section shall make a claim to the recording ofcer, and point out his boundaries to the demarcation ofcer in the manner required and within the period xed by the notice published under section 5 of this Act.

(2) Every person whose presence is required by the adjudication ofcer, demarcation ofcer, recording ofcer, committee or board shall attend in person or by a duly authorized agent at the time and place ordered.

(3) If any person who is ordered to attend fails to attend in person or by a duly authorized agent, the demarcation, recording, adjudication or arbitration, as the case may be, may proceed in his absence.

(4) If the demarcation ofcer or the recording ofcer considers that a person who has not made a claim has an interest in land within the adjudication section, he may, but is not bound to, proceed as if that person had made a claim.

(5) Where several persons claim separately as successors of a deceased person, and one or more of those persons attends, his or their attendance shall be taken to be the attendance of all the successors, unless the adjudication ofcer otherwise directs.

Warning of 14.

Not less than seven clear days before the demarcation of an demarcation and adjudication section is begun, the demarcation ofcer shall give warning recording.

of the intended demarcation and recording of claims, and of the time and place at which it will begin, in such manner as the adjudication ofcer considers most likely to bring the matter to the knowledge of the persons who will be affected by the demarcation and recording.

Duties of 15.

Subject to any general or particular directions given by the demarcation ofcer.

adjudication ofcer, the duties of the demarcation ofcer within an adjudication section are (a) to demarcate or cause to be demarcated (i) the boundaries of each separate piece of land, whether claimed by an individual or by a group: Provided that where the boundary of a piece of land is already demarcated by a physical feature it need not be determined whether the exact line of the boundary runs along the center of the feature or along Rev.

2010] Land Adjudication CAP.

284 11 its inner or outer side; (ii) the boundaries of all land which is entirely free from private rights, or the private rights in or over which have been relinquished in favour of the county council; (iii) the boundaries of all land which has been set apart under the Constitution; and (b) to submit to the committee any boundary dispute which he is unable to resolve.

Duties of survey 16.

Subject to any general or particular directions given by ofcer.

the adjudication ofcer, the duties of the survey ofcer within an adjudication section are (a) to carry out such survey work as is required in carrying out the adjudication process; and (b) to prepare or cause to be prepared a demarcation map of the adjudication section, showing every parcel of land identied by a distinguishing number, except that roads, railways, waterways and lakes need not be identied by a number.

17.

In the performance of their respective duties, the demarcation General powers of ofcer and the survey ofcer may each enter at any reasonable time upon demarcation and any land within the adjudication area for the purpose of demarcating survey ofcers.

or surveying any parcel therein, and may summon any person who can give information regarding the boundaries of a parcel to point out the boundaries.

18.

(1) In the performance of his duties, the demarcation ofcer Particular powers of may demarcation ofcer.

(a) when the boundary between parcels of land is curved or irregular, or in his opinion is inconvenient or uneconomic for the use of the land, lay out a fresh boundary in its place and adjust the interests of the owners of the land adjoining the boundary either by exchange of land or by such other means as the parties may agree; (b) demarcate any right of way which is necessary for providing a parcel completely surrounded by other parcels with access to a public road or to water; (c) make such alignment of parcels adjoining a public road as may be required in the public interest; 12 CAP.

284 Land Adjudication [Rev.

2010 (d) with the agreement of the owner or owners group together in one or more parcels, by way of exchange or otherwise, separate areas of land owned by such owner or owners.

(2) Where a piece of land has not been demarcated in the manner and before the date xed by the demarcation ofcer under section 5 (2) (d) of this Act, the demarcation ofcer may demarcate or cause to be demarcated the land and may clear or cause to be cleared any boundary or other line which it may be necessary to clear for the purpose of such demarcation.

(3) Where the demarcation ofcer demarcates or causes to be demarcated a piece of land or clears or causes to be cleared a boundary or other line under subsection (2) of this section, the cost shall be assessed in the prescribed manner by the adjudication ofcer, and shall be paid to the Director of Land Adjudication by the person interested in the land.

Duties of recording 19.

(1) Subject to subsection (2) of this section, the recording ofcer shall consider all the claims made in pursuance of the notice ofcer.

published under section 5 of this Act, and, after such investigation as he considers proper, shall prepare in duplicate, in accordance with section 23 of this Act, a form in respect of every parcel shown on the demarcation map.

(2) If there are two or more conicting claims to an interest in land and the recording ofcer is unable to resolve the conict, he shall submit the dispute to the committee to decide.

(3) The recording ofcer shall rectify the forms in accordance with any decision which the adjudication ofcer, the committee or the board may make in accordance with this Act.

(4) The recording ofcer shall perform and exercise his duties under this section in accordance with the general or particular directions of the adjudication ofcer.

Functions of 20.

The committee appointed for an adjudication section committee.

shall (a) adjudicate upon and decide in accordance with recognized customary law any question referred to it by the demarcation ofcer or the recording ofcer; (b) advise the adjudication ofcer or any ofcer subordinate to him upon any question of recognized customary law as to Rev.

2010] Land Adjudication CAP.

284 13 which he has sought its guidance; (c) safeguard the interests of absent persons and persons under disability; (d) bring to the attention of ofcers engaged in the adjudication any interest in respect of which for any reason no claim has been made; (e) assist generally in the adjudication process.

21.

(1) If a committee is unable to reach a decision on a matter Decisions of before it, it shall refer the matter to the arbitration board for decision.

committee.

(2) The adjudication ofcer may require the committee to reconsider any decision which it has made.

(3) Any person named in or affected by a decision of the committee who considers the decision to be incorrect may, within fourteen days after the decision, complain to the executive ofcer of the committee, saying in what respect he considers the decision to be incorrect.

(4) Upon receipt of a complaint under subsection (3) of this section, the executive ofcer of the committee shall refer it with all the particulars of the case to the executive ofcer of the board, who shall submit it to the board.

22.

The board shall hear and determine any matter referred to it Functions of or complaint made to it under section 21 of this Act.

arbitration board.

part IVpreparatIon of the adjudICatIon regIster 23.

(1) The forms prepared by the recording ofcer under section Preparation of 19 of this Act shall together comprise the adjudication record.

adjudication record.

10 of 1969, Sch.

(2) In preparing the adjudication record, the recording ofcer, if he is satised that (a) any person has, under recognized customary law, exercised rights in or over land which should be recognized as ownership, shall determine that person to be owner of that land: Provided that if (i) The land adjoins land of which a group is determined under paragraph (b) of this subsection to be the owner; 14 CAP.

284 Land Adjudication [Rev.

2010 and (ii) that person desires to join the group and to have his land added to the groups land; and (iii) the group is willing to have that person as a member, the recording ofcer shall determine that group to be the owner of that land, and thereupon that person shall become a member of that group; (b) any group has, under recognized customary law, exercised rights in or over land which should be recognized as ownership, shall determine that group to be the owner of that land; (c) land has been set apart under the Constitution, shall determine the person in whom the land is vested to be the owner of the land set apart; (d) land is entirely free from private rights, or all private rights in or over the land have been relinquished in favour of the county council, shall determine the county council to be the owner of the land; (e) any person or group is entitled to any interest in land not amounting to ownership, including any lease, right of occupation, charge or other encumbrance, whether by virtue of recognized customary law or otherwise, shall determine the nature, incidents and extent of the right to enable it to be recorded in the name of the person or group entitled to the benet of it.

(3) Each of the forms which comprise the adjudication record shall contain the following information (a) the number of the parcel as shown on the demarcation map and its approximate area; (b) a record of (i) the name and description of the owner, with particulars of any restriction on his power of dealing with it; (ii) where the land has been set apart, the year and number of the Gazette notice by which, and the purpose for which, the land was set apart; and Rev.

2010] Land Adjudication CAP.

284 15 (iii) where the land is recorded under subsection (2) (d) of this section as being in the ownership of the county council, the fact that the land remains Trust land; (c) particulars of any such right as is referred to in subsection (2) (e) of this section; (d) if any owner or other person is under a disability, the name of his guardian, the nature of his disability and (if he is a minor) his age; and (e) the date on which the form is completed.

(4) If two or more persons are recorded as the owners of land or as entitled to any right not amounting to ownership, the recording ofcer shall determine and record whether they own or are entitled jointly or in common, and in the latter case the share of each.

(5) Where a group is recorded as the owner of land or as entitled to an interest not amounting to ownership of land, the adjudication ofcer shall (a) cause the group to be advised to apply for group representatives to be incorporated under the Land (Group Cap.

287.

Representatives) Act; (b) cause the recording ofcer to record that the group has been so advised; and (c) notify the Registrar of Group Representatives that the group has been so advised.

(6) When completed, the form shall be signed by the chairman and the executive ofcer of the committee, and by the owner of each interest in the parcel or his authorized agent (or in the case of joint owners by at least one owner or his authorized agent), and the signature of the owner or authorized agent shall be witnessed: Provided that a form shall not be invalidated by the absence of the owners signature, if the chairman and the executive ofcer of the committee certify on it that the owner has withheld his signature or that his signature cannot be obtained without an amount of delay or expense which in the circumstances of the case is considered by them to be unreasonable.

(7) After the form has been signed under subsection (6) of this 16 CAP.

284 Land Adjudication [Rev.

2010 section, no alteration shall be made in it except as provided by section 27 (1) or section 29 (3) of this Act.

Adjudication register.

24.

The demarcation map and the adjudication record are collectively known as the adjudication register.

Action on completion 25.

When the adjudication register has been completed, the of adjudication adjudication ofcer shall so certify on the adjudication record and record.

demarcation map, and shall then (a) deliver the duplicate adjudication record (bearing a copy of the certicate) to the Director of Land Adjudication; (b) display the original adjudication register for inspection at a convenient place within the adjudication section; and (c) give notice that the adjudication register has been completed and may be inspected at that place during a period of sixty days from the date of the notice.

Objection to 26.

(1) Any person named in or affected by the adjudication adjudication register.

register who considers it to be incorrect or incomplete in any respect may, within sixty days of the date upon which the notice of completion of the adjudication register is published, object to the adjudication ofcer in writing, saying in what respect he considers the adjudication register to be incorrect or incomplete.

(2) The adjudication ofcer shall consider any objection made to him under subsection (1) of this section, and after such further consultation and inquiries as he thinks t he shall determine the objection.

No objection 26A.

(1) When the time for objection under section 26(1) has Register.

expired, the adjudication ofcer shall prepare a No Objection Register 7 of 2007, Sch.

in respect of any land not subject to an objection, and deliver the same to the Director of Land Adjudication who shall (a) certify thereon and on the duplicate adjudication register that the adjudication of the land set out therein has become nal; and (b) forward the No Objection Register together with a copy of the duplicate adjudication register to the Chief Land Registrar for the purpose of registration under section 28.

(2) The provisions of this section shall apply to all adjudication registers not yet nalized before its commencement.

Rev.

2010] Land Adjudication CAP.

284 17 27.

(1) The adjudication ofcer shall from time to time alter the Finalization of adjudication register to conform with any determinations of objections adjudication register, under section 26 of this Act.

subject to appeals.

(2) If the adjudication ofcer considers that to alter the adjudication register would incur unreasonable expense, delay or inconvenience, he may, instead, recommend to the Minister that compensation be paid and the Minister may make such payment of compensation out of moneys provided by Parliament as he thinks t.

(3) When all objections have been determined and the time for appeal under section 29 of this Act has expired, the adjudication ofcer shall send the adjudication register to the Director of Land Adjudication together with particulars of all determinations of objections and the Director shall (a) alter the duplicate adjudication register accordingly; and then (b) certify on the adjudication register and on the duplicate adjudication register that it has become nal subject to the outstanding appeals; and (c) forward the adjudication register to the Chief Land Registrar together with a list of the appeals.

28.

Upon receiving the adjudication register under section 27 of Action by land this Act, the Chief Land Registrar shall cause registrations to be effected registrar.

in accordance with the adjudication register : Provided that, where the land is affected by an appeal under section 29 of this Act, a restriction shall be made and registered in respect of that land expressed to endure until the determination of the appeal, and on such determination the register shall if necessary be altered in accordance with the determination.

29.

(1) Any person who is aggrieved by the determination of Appeal.

an objection under section 26 of this Act may, within sixty days after 16 of 1977, Sch., the date of the determination, appeal against the determination to the 7 of 2007, Sch.

Minister by (a) delivering to the Minister an appeal in writing specifying the grounds of appeal; and (b) sending a copy of the appeal to the Director of Land Adjudication, 18 CAP.

284 Land Adjudication [Rev.

2010 and the Minister shall determine the appeal and make such order thereon as he thinks just and the order shall be nal.

(2) The Minister shall cause copies of the order to be sent to the Director of Land Adjudication and to the Chief Land Registrar.

(3) When the appeals have been determined, the Director of Land Adjudication shall (a) alter the duplicate adjudication register to conform with the determinations; and (b) certify on the duplicate adjudication register that it has become nal in all respects, and send details of the alterations and a copy of the certicate to the Chief Land Registrar, who shall alter the adjudication register accordingly.

(4) Notwithstanding the provisions of section 38 (2) of the Cap.

2.

Interpretation and General Provisions Act or of any other written law, the Minister may delegate, by notice in the Gazette, his powers to hear appeals and his duties and functions under this section to any public ofcer by name, or to the person for the time being holding any public ofce specied in such notice, and the determination, order and acts of any such public ofcer shall be deemed for all purposes to be that of the Minister.

part VmIsCellaneous Staying of land suits.

30.

(1) Except with the consent in writing of the adjudication ofcer, no person shall institute, and no court shall entertain, any civil proceedings concerning an interest in land in an adjudication section until the adjudication register for that adjudication section has become nal in all respects under section 29 (3) of this Act.

(2) Where any such proceedings were begun before the publication of the notice under section 5 of this Act, they shall be discontinued, unless the adjudication ofcer, having regard to the stage which the proceedings have reached, otherwise directs.

(3) Any person who is aggrieved by the refusal of the adjudication ofcer to give consent or make a direction under subsection (1) or subsection (2) of this section may, within twenty-eight days after the refusal, appeal in writing to the Minister whose decision shall be nal.

(4) The foregoing provisions of this section do not prevent a nal Rev.

2010] Land Adjudication CAP.

284 19 order or decision of a court made or given in proceedings concerning land in an adjudication section being enforced or executed, if at the time this Act is applied to the land the order or decision is not the subject of an appeal and the time for appeal has expired.

(5) A certicate signed by an adjudication ofcer certifying land to be, or to have become on a particular date, land within an adjudication section shall be conclusive evidence that the land is such land.

(6) Every certicate purporting to be signed by an adjudication ofcer shall be presumed to be so signed unless the contrary is shown.

31.

(1) Except where the context otherwise requires, wherever Publication of a notice is to be or may be given under this Act, it shall be given in notices.

writing and the adjudication ofcer shall publish it (a) at the ofce of the Provincial Commissioner of the province concerned; (b) at the ofce of the District Commissioner of the district concerned; and (c) elsewhere and in such manner as he considers appropriate.

(2) The District Commissioner shall also cause the purport of every notice to be published at barazas throughout the area concerned and in such other ways and on such other occasions as after consultation with the adjudication ofcer he considers appropriate.

(3) Notices shall be published and the purport promulgated in such language or languages as the District Commissioner considers most likely to be understood by the persons whom they affect.

32.

(1) Every person whose name is recorded in an adjudication Fees for adjudication.

record as the owner of land or as the person entitled to an interest in 10 of 1969, Sch.

land shall be liable to pay a fee at such rate and at such time as may be prescribed for that adjudication section to the Chief Land Registrar, and every person at whose request a question is referred to a committee or who makes a complaint under section 21 (3) of this Act shall pay the prescribed hearing fee to the Director of Land Adjudication.

(2) All fees, costs, charges and expenses to be paid under or by virtue of this Act or any regulations made under this Act shall be a civil debt recoverable summarily by the person to whom they are payable.

20 CAP.

284 Land Adjudication [Rev.

2010 Offences.

33.

Any person who (a) after receiving a summons issued under this Act, without reasonable excuse neglects or refuses to attend in pursuance of it or to produce any map, plan, instrument or other document which he is required by it to produce; or (b) without reasonable excuse neglects or refuses to answer upon oath or otherwise, or knowingly gives an untrue answer to, a question lawfully put to him by an ofcer, committee or board under this Act; or (c) without reasonable excuse neglects or refuses to demarcate his land, or to assist in the demarcation of his land, or to clear or assist in the clearing of any boundary or other line, when required to do so by a demarcation ofcer; or (d) without reasonable excuse, interferes with any demarcated boundary, or defaces, removes, injures or otherwise impairs any feature of a demarcated boundary, or allows any demarcated boundary to fall into disrepair; or (e) contravenes section 8 (1) of this Act, shall be guilty of an offence and liable to a ne not exceeding three thousand shillings or to imprisonment for a term not exceeding six months, or to both such ne and such imprisonment: Provided that a prosecution for an offence under paragraph (e) of this section shall not be instituted except with the consent of the Attorney-General.

34.

Any ofcer appointed under this Act, and any other person Protection of ofcers.

appointed for the purpose of adjudication proceedings under this Act, shall not be liable to any action, suit or proceedings for or in respect of any act or matter in good faith done or omitted to be done in exercise or supposed exercise of the powers given by this Act or any regulations made under it.

Regulations.

35.

The Minister may make regulations for the purpose of prescribing fees for anything to be done under this Act and generally for carrying into effect the provisions and purposes of this Act.

36.

[Spent].

37.

[Spent].

SCHEDULES-[Spent] Rev.

2010] Land Adjudication CAP.

284 21 [Subsidiary] SUBSIDIARY LEGISLATION Orders under section 3 (1) THE LAND ADJUDICATION ACT (APPLICATION) (NAROK L.N.

100/1969, DISTRICT) ORDER L.N.

236/1971.

1.

This Order may be cited as the Land Adjudication Act (Application) (Narok District) Order.

2.

The Land Adjudication Act shall apply to the areas of Trust land specied in the Schedule to this Order.

SCHEDULE That part of the Masai Land Unit situated within Cis Mara Division of Narok District save and except the Mara Game Reserve.

That part of Trust land situated within the Trans Mara Division of the Narok District.

THE LAND ADJUDICATION ACT (APPLICATION) (KWALE L.N.

101/1969.

DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication Act (Application) (Kwale District) Order.

2.

The Land Adjudication Act shall apply to the area of Trust land specied in the Schedule to this Order.

SCHEDULE That part of Kwale Land Unit situated within the Coast Division of Kwale District.

THE LAND ADJUDICATION ACT (APPLICATION) (KILIFI L.N.

155/1970.

DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication Act (Application) (Kili District) Order.

2.

The Land Adjudication Act shall apply to the area of Trust land specied in the Schedule hereto.

SCHEDULE That part of Trust land situated within the Northern and Southern Divisions of the Kili Administration District.

22 CAP.

284 Land Adjudication [Rev.

2010 [Subsidiary] L.N.

168/1970.

THE LAND ADJUDICATION ACT (APPLICATION) (KIRINYAGA DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication Act (Application) (Kirinyaga District) Order.

2.

The Land Adjudication Act shall apply to the area of Trust land specied in the Schedule hereto.

SCHEDULE That part of Trust land situated within the Mwea Division of the Kirinyaga Administrative District excluding (a) that part of Tebere Location which lies within the boundaries of the Mwea/Tebere Irrigation Scheme and specied in Gazette Notices Nos.

3097, 3098 and 3099 of 1960 but so to as include Gathigiri Sub-Location and Kiarukungu Sub-Location of the Tebere Location aforesaid; and Chumbiri block of Kabiriri Sub-Location of Mutithi Location; and (b) that part of South Ngariama in the Murinduko Location and specied in Gazette Notice No.

100 of 1968 but so as to include Yanjeru Sub-Location and Ngucwi in Riagiceru Sub-Location of the Murinduko Location aforesaid.

L.N.

169/1970.

THE LAND ADJUDICATION ACT (APPLICATION) (EMBU DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication Act (Application) (Embu District) Order.

2.

The Land Adjudication Act shall apply to the area of Trust land specied in the Schedule hereto.

SCHEDULE That part of Trust land situated within the Mbere Division of the Embu Administrative District.

L.N.

78 /1971, THE LAND ADJUDICATION ACT (APPLICATION) (KITUI L.N.

269 /1971.

DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication Act (Application) (Kitui District) Order.

2.

The Land Adjudication Act shall apply to the areas of Trust land specied in the Schedule hereto.

Rev.

2010] Land Adjudication CAP.

284 23 [Subsidiary] SCHEDULE That part of Trust land situated within the Matinyani Location in the Central Division of the Kitui District.

That part of Trust land situated within the Mutongoni Location in the Northern Division and those parts of Trust land situated within the Changwithya and Mulango Locations in the Central Division of the Kitui District.

THE LAND ADJUDICATION ACT (APPLICATION) (WEST POKOT L.N.

270/1971.

DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication Act (Application) (West Pokot District) Order.

2.

The Land Adjudication Act shall apply to the area of Trust land specied in the Schedule hereto.

SCHEDULE That part of Trust land situated within the West Pokot Administrative District.

THE LAND ADJUDICATION ACT (APPLICATION) (BUNGOMA L.N.

132/1970.

DISTRICT) ORDER.

1.

This Order may be cited as the Land Adjudication Act (Application) (Bungoma District) Order.

2.

Subject to paragraph 3 of this Order the Land Adjudication Act shall apply to those areas of Trust land to which the Land Consolidation Act formerly applied and which are shown edged in Red colour on Map No.

1, copies of which are deposited in the ofce of the Commissioner of Lands and in the ofce of the Director of Land Adjudication.

3.

The areas referred to in paragraph 2 of this Order are areas in respect of which no Record of Existing Rights has yet been certied under the Land Consolidation Act, and are more particularly described in the Schedule hereto.

24 CAP.

284 Land Adjudication [Rev.

2010 [Subsidiary] SCHEDULE District Adjudication Area Portions to which the Act is applied Bungoma TheBungoma The areas delineated RED on Map Adjudication area No.

1 deposited in the ofces of as dened in Legal the Commissioner of Lands and the Notice No.

518 of Director of Land Adjudication.

1961.

L.N.

133/1970.

THE LAND ADJUDICATION ACT (APPLICATION) (BUSIA DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication Act (Application) (Busia District) Order.

2.

Subject to paragraph 3 of this Order the Land Adjudication Act shall apply to those areas of Trust land to which the Land Consolidation Act formerly applied and which are shown edged in Red colour on Map No.

2, copies of which are deposited in the ofce of the Commissioner of Lands and in the ofce of the Director of Land Adjudication.

3.

The areas referred to in paragraph 2 of this Order are areas in respect of which no Record of Existing Rights has yet been certied under the Land Consolidation Act, and are more particularly described in the Schedule hereto.

SCHEDULE District Adjudication Area Portions to which the Act is applied Busia The Busia Adjudication The areas delineated RED on Map area as dened in Legal No.

2 deposited in the ofces of Notice No.

15 of 1965.

the Commissioner of Lands and the Director of Land Adjudication.

L.N.

134/1970.

THE LAND ADJUDICATION ACT (APPLICATION) (KAKAMEGA DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication Act (Application) (Kakamega District) Order.

2.

Subject to paragraph 3 of this Order the Land Adjudication Act shall apply to those areas of Trust land to which the Land Consolidation Act formerly applied and which are shown edged in Red colour on Map No.

3, copies of which are deposited in the ofce of the Commissioner of Lands and in the ofce of the Director of Land Adjudication.

Rev.

2010] Land Adjudication CAP.

284 25 [Subsidiary] 3.

The areas referred to in paragraph 2 of this Order are areas in respect of which no Record of Existing Rights has yet been certied under the Land Consolidation Act, and are more particularly described in the Schedule hereto.

SCHEDULE District Adjudication Area Portions to which the Act is applied Kakamega TheKakamega The areas delineated RED on Adjudication areas as Map No.

3 deposited in the dened in Legal Notice ofces of the Commissioner of No.

563 of 1961.

Lands and the Director of Land Adjudication.

THE LAND ADJUDICATION ACT (APPLICATION) L.N.

135/1970.

(BARINGO DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication Act (Application) (Baringo District) Order.

2.

Subject to paragraph 3 of this Order the Land Adjudication Act shall apply to those areas of Trust land to which the Land Consolidation Act formerly applied and which are shown edged in Red colour on Map No.

4, copies of which are deposited in the ofce of the Commissioner of Lands and in the ofce of the Director of Land Adjudication.

3.

The areas referred to in paragraph 2 of this Order are areas in respect of which no Record of Existing Rights has yet been certied under the Land Consolidation Act, and are more particularly described in the Schedule hereto.

SCHEDULE District Adjudication Area Portions to which the Act is applied Baringo TheBaringo The areas delineated RED on Map Adjudication area as No.

4 deposited in the ofces of the dened in Legal Notice Commissioner of Lands and the No.

140 of 1960.

Director of Land Adjudication.

THE LAND ADJUDICATION ACT (APPLICATION) (NANDI L.N.

136 /1970.

DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication Act (Application) (Nandi District) Order.

26 CAP.

284 Land Adjudication [Rev.

2010 [Subsidiary] 2.

Subject to paragraph 3 of this Order the Land Adjudication Act shall apply to those areas of Trust land to which the Land Consolidation Act formerly applied and which are shown edged in Red colour on Map No.

5, copies of which are deposited in the ofce of the Commissioner of Lands and in the ofce of the Director of Land Adjudication.

3.

The areas referred to in paragraph 2 of this Order are areas in respect of which no Record of Existing Rights has yet been certied under the Land Consolidation Act, and are more particularly described in the Schedule hereto.

SCHEDULE District Adjudication Area Portions to which the Act is applied Nandi The Nandi Adjudication The areas delineated RED on area as dened in Legal Map No.

5 deposited in the Notices Nos.

184 of 1960 ofces of the Commissioner of and 166 of 1965.

Lands and the Director of Land Adjudication.

L.N.

137/1970.

THE LAND ADJUDICATION ACT (APPLICATION) (KAJIADO DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication Act (Application) (Kajiado District) Order.

2.

Subject to paragraph 3 of this Order the Land Adjudication Act shall apply to those areas of Trust land to which the Land Consolidation Act formerly applied and which are shown edged in Red colour on Map No.

6, copies of which are deposited in the ofce of the Commissioner of Lands and in the ofce of the Director of Land Adjudication.

3.

The areas referred to in paragraph 2 of this Order are areas in respect of which no Record of Existing Rights has yet been certied under the Land Consolidation Act, and are more particularly described in the Schedule hereto.

SCHEDULE District Adjudication Area Portions to which the Act is applied Kajiado The Kajiado Adjudication The areas delineated RED on Area as dened in Legal Map No.

6 deposited in the Notice No.

562 of 1961.

ofces of the Commissioner of Lands and the Director of Land Adjudication.

Rev.

2010] Land Adjudication CAP.

284 27 [Subsidiary] THE LAND ADJUDICATION ACT (APPLICATION) L.N.

138/1970.

(KERICHO DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication Act (Application) (Kericho District) Order.

2.

Subject to paragraph 3 of this Order the Land Adjudication Act shall apply to those areas of Trust land to which the Land Consolidation Act formerly applied and which are shown edged in Red colour on Map No.

7, copies of which are deposited in the ofce of the Commissioner of Lands and in the ofce of the Director of Land Adjudication.

3.

The areas referred to in paragraph 2 of this Order are areas in respect of which no Record of Existing Rights has yet been certied under the Land Consolidation Act, and are more particularly described in the Schedule hereto.

SCHEDULE District Adjudication Area Portions to which the Act is applied Kericho The Kericho Adjudication The areas delineated RED on area as dened in Legal Map No.

7 deposited in the Notice No.

93 of 1965.

ofces of the Commissioner of Lands and the Director of Land Adjudication.

THE LAND ADJUDICATION ACT (APPLICATION) L.N.

139/1970.

(MACHAKOS DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication Act (Application) (Machakos District) Order.

2.

Subject to paragraph 3 of this Order the Land Adjudication Act shall apply to those areas of Trust land to which the Land Consolidation Act formerly applied and which are shown edged in Red colour on Map No.

8, copies of which are deposited in the ofce of the Commissioner of Lands and in the ofce of the Director of Land Adjudication.

3.

The areas referred to in paragraph 2 of this Order are areas in respect of which no Record of Existing Rights has yet been certied under the Land Consolidation Act, and are more particularly described in the Schedule hereto.

28 CAP.

284 Land Adjudication [Rev.

2010 [Subsidiary] SCHEDULE District Adjudication Area Portions to which the Act is applied Machakos The Machakos Adjudication The areas delineated RED on area as dened in Legal Map No.

8 deposited in the Notice No.

100 of 1965.

ofces of the Commissioner of Lands and the Director of Land Adjudication.

L.N.

140/1970.

THE LAND ADJUDICATION ACT (APPLICATION) (SOUTH NYANZA DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication Act (Application) (South Nyanza District) Order.

2.

Subject to paragraph 3 of this Order the Land Adjudication Act shall apply to those areas of Trust land to which the Land Consolidation Act formerly applied and which are shown edged in Red colour on Map No.

9, copies of which are deposited in the ofce of the Commissioner of Lands and in the ofce of the Director of Land Adjudication.

3.

The areas referred to in paragraph 2 of this Order are areas in respect of which no Record of Existing Rights has yet been certied under the Land Consolidation Act, and are more particularly described in the Schedule hereto.

SCHEDULE District Adjudication Area Portions to which the Act is applied South Nyanza The South Nyanza The areas delineated RED on Adjudication area as Map No.

9 deposited in the dened in Legal Notice ofces of the Commissioner No.

330 of 1964.

of Lands and the Director of Land Adjudication.

141/1970.

THE LAND ADJUDICATION ACT (APPLICATION) (ELEGEYO- MARAKWET DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication Act (Application) (Elegeyo-Marakwet District) Order.

2.

Subject to paragraph 3 of this Order the Land Adjudication Act shall apply to those areas of Trust land to which the Land Consolidation Act formerly Rev.

2010] Land Adjudication CAP.

284 29 [Subsidiary] applied and which are shown edged in Red colour on Map No.

10, copies of which are deposited in the ofce of the Commissioner of Lands and in the ofce of the Director of Land Adjudication.

3.

The areas referred to in paragraph 2 of this Order are areas in respect of which no Record of Existing Rights has yet been certied under the Land Consolidation Act, and are more particularly described in the Schedule hereto.

SCHEDULE District Adjudication Area Portions to which the Act is applied Elegeyo-Marakwet The Elegeyo-Marakwet The areas delineated RED Adjudication area as on Map No.

10 deposited dened by Legal Notices in the ofces of the Nos.

145 of 1958, 503 of Commissioner of Lands 1962 and 225 of 1963.

and the Director of Land Adjudication.

THE LAND ADJUDICATION ACT (APPLICATION) (KISII L.N.

142/1970, DISTRICT) ORDER L.N.

228/1970.

1.

This Order may be cited as the Land Adjudication Act (Application) (Kisii District) Order.

2.

Subject to paragraph 3 of this Order the Land Adjudication Act shall apply to those areas of Trust land to which the Land consolidation Act formerly applied and which are shown edged in Red colour on Map No.

11, copies of which are deposited in the ofce of the Commissioner of Lands and in the ofce of the Director of Land Adjudication.

3.

The areas referred to in paragraph 2 of this Order are areas in respect of which no Record of Existing Rights has yet been certied under the Land Consolidation Act, and are more particularly described in the Schedule hereto.

SCHEDULE District Adjudication Area Portions to which the Act is applied Kisii The Kisii Adjudication area The areas delineated RED on as dened in Legal Notices Map No.

11 deposited in the No.

237 of 1962 ofces of the Commissioner of Lands and the Director of Land Adjudication.

30 CAP.

284 Land Adjudication [Rev.

2010 [Subsidiary] L.N.

19/1972, THE LAND ADJUDICATION ACT (APPLICATION) L.N.

73/1972.

(FORMER LAND CONSOLIDATION ACT AREAS) (CENTRAL NYANZA DISTRICT OTHERWISE KNOWN AS THE SIAYA DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication Act (Application) (Former Land Consolidation Act Areas) (Central Nyanza District otherwise known as the Siaya District) Order.

2.

Subject to paragraph 3 of this Order the Land Adjudication Act shall apply to those areas of Trust land to which the Land Consolidation Act formerly applied and which are shown edged in red colour on Map No.

12, copies of which are deposited in the Ofce of the Commissioner of Lands and in the ofce of the Director of Land Adjudication.

3.

The areas referred to in paragraph 2 of this Order are areas in respect of which no Record of Existing Rights has yet been certied under the Land Consolidation Act, and are more particularly described in the Schedule hereto.

SCHEDULE District Adjudication Area Portions to which the Act is applied Central Nyanza The Central Nyanza The areas delineated otherwise known as Adjudication Areas, red on Map No.

12 Siaya.

now commonly deposited in the ofces known as the Siaya of the Commissioner of Adjudication Areas, as Lands and the Director dened in Legal Notice of Land Adjudication.

No.

107 of 1958, Legal Notice No.

238 of 1962 and Legal Notice No.

640 of 1963.

L.N.

20/1972, THE LAND ADJUDICATION ACT (APPLICATION) (FORMER L.N.

74/1972.

LAND CONSOLIDATION ACT AREAS) (CENTRAL NYANZA DISTRICT OTHERWISE KNOWN AS THE KISUMU DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication Act (Application) (Former Land Consolidation Act Areas) (Central Nyanza District otherwise known as the Kisumu District) Order.

2.

Subject to paragraph 3 of this Order the Land Adjudication Act shall apply to those areas of Trust land to which the Land Consolidation Act formerly applied and which are shown edged in red colour on Map No.

13, copies of which are deposited in the Ofce of the Commissioner of Lands and in the Ofce of the Director of Land Adjudication.

Rev.

2010] Land Adjudication CAP.

284 31 3.

The areas referred to in paragraph 2 of this Order are areas in respect [Subsidiary] of which no Record of Existing Rights has yet been certied under the Land Consolidation Act, and are more particularly described in the Schedule hereto.

SCHEDULE District Adjudication Areas Portions to which the Act is applied CentralNyanza The Central Nyanza The areas delineated otherwise known as Adjudication Areas, in red on Map No.

13 Kisumu.

now commonly known deposited in the ofces as Kisumu Adjudication of the Commissioner Areas, as dened in of Lands and the Legal Notice No.

107 of Director of Land 1958, Legal Notice No.

Adjudication.

238 of 1962 and Legal Notice No.

640 of 1963 THE LAND ADJUDICATION ACT (APPLICATION) L.N.

170/1972.

(KWALE DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication Act (Application) (Kwale District) Order.

2.

The Land Adjudication Act shall apply to the areas of Trust land specied in the Schedule hereto.

SCHEDULE That part of Trust land situated within the Central and Hinterland Divisions of the Kwale Administrative District.

THE LAND ADJUDICATION ACT (APPLICATION) L.N.

192/1972.

(KITUI DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication Act (Application) (Kitui District) Order.

2.

The Land Adjudication Act shall apply to the area of Trust Land specied in the Schedule hereto.

SCHEDULE That part of Trust land situated within the Southern Division of the Kitui Administrative District.

32 CAP.

284 Land Adjudication [Rev.

2010 [Subsidiary] L.N.

219/1972.

THE LAND ADJUDICATION ACT (APPLICATION) (LAIKIPIA DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication Act (Application) (Laikipia District) Order.

2.

The Land Adjudication Act shall apply to the area of Trust land specied in the Schedule hereto.

SCHEDULE That part of Trust land situated within the Laikipia Administrative District.

L.N.

220/1972.

THE LAND ADJUDICATION ACT (APPLICATION) (SAMBURU DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication Act (Application) (Samburu District) Order.

2.

The Land Adjudication Act shall apply to the area of Trust land specied in the Schedule hereto.

SCHEDULE That part of Trust land situated within the Samburu Administrative District.

L.N.

143/1973.

THE LAND ADJUDICATION ACT (APPLICATION) (KITUI DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication Act (Application) (Kitui District) Order.

2.

The Land Adjudication Act shall apply to the area of Trust land specied in the Schedule hereto.

SCHEDULE That part of Trust land situated within the Northern Division and the Nzambani Location in the Central Division of the Kitui Administrative District.

L.N.

236/1974.

THE LAND ADJUDICATION ACT (APPLICATION) (TAITA DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication Act (Application) (Taita District) Order.

Rev.

2010] Land Adjudication CAP.

284 33 [Subsidiary] 2.

The Land Adjudication Act shall apply to the area of Trust land specied in the Schedule hereto.

SCHEDULE That area of Trust land situated within the Taita District.

THE LAND ADJUDICATION (APPLICATION) L.N.

6/1975.

(NYERI DISTRICT) ORDER.

1.

This Order may be cited as the Land Adjudication (Application) (Nyeri District) Order.

2.

The Land Adjudication Act shall apply to the area of Trust land specied in the Schedule hereto.

SCHEDULE That area of Trust land situated within the Charity area of the Nyeri District.

THE LAND ADJUDICATION (APPLICATION) (MERU L.N.

7/1975.

DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication (Application) (Meru District) Order.

2.

The Land Adjudication Act shall apply to the area of Trust land specied in the Schedule hereto.

SCHEDULE That area of Trust land situated within the Meru District.

THE LAND ADJUDICATION ACT (APPLICATION) L.N.

2/1976.

(NAKURU DISTRICT) ORDER 1.

This Order may be cited as the Land Adjudication (Application) (Nakuru District) Order.

2.

The Land Adjudication Act shall apply to the area of Trust land specied in the Schedule hereto.

SCHEDULE That area of Trust land situated within the Olenguruone Location of the Nakuru District.

34 CAP.

284 Land Adjudication [Rev.

2010 [Subsidiary] THE LAND ADJUDICATION (APPLICATION) L.N.

26/1981.

(BARINGO DISTRICT) ORDER, 1981 1.

This Order may be cited as the Land Adjudication (Application) (Baringo District) Order, 1981.

2.

The Land Adjudication Act shall apply to the area of Trust Land specied in the Schedule.

SCHEDULE That area of Trust land situated within the Baringo District to which neither the Land Consolidation Act nor the Land Adjudication Act has been applied.

L.N.

27/1981.

THE LAND ADJUDICATION ACT (APPLICATION)(ELGEYO- MARAKWET DISTRICT) ORDER, 1981 1.

This Order may be cited as the Land Adjudication (Application) (Elgeyo/Marakwet District) Order, 1981.

2.

The Land Adjudication Act shall apply to the area of Trust land specied in the Schedule.

SCHEDULE That area of Trust land situated within the Elgeyo/Marakwet District to which neither the Land Consolidation Act nor the Land Adjudication Act has been applied.

L.N.

58/1981.

THE LAND ADJUDICATION (APPLICATION) (KILIFI DISTRICT) ORDER, 1981 1.

This Order may be cited as the Land Adjudication (Application) (Kili District) Order, 1981.

2.

The Land Adjudication Act shall apply to the area of Trust Land specied in the Schedule.

3.

This order shall be deemed to have come into force on 20th June, 1972.

SCHEDULE That area of Trust land situated within the Malindi and Central Division of the Kili Administration District.

Rev.

2010] Land Adjudication CAP.

284 35 [Subsidiary] Regulation under section 35 L.N.

143/1970, L.N.

242/1970, THE LAND ADJUDICATION REGULATIONS L.N.

213/1971, L.N.

15/1989, L.N.

212/1991, L.N.

304/1994.

1.

These Regulations may be cited as the Land Adjudication Regulations Citation and and shall apply to all areas of Trust land to which the Land Adjudication Act application.

has been applied.

2.

In these Regulations, except where the context otherwise Interpretation.

requires L.N.

15/1989.

Act means the Land Adjudication Act; assessor means a person appointed under regulation 11 and who is experienced in recognised customary law applicable to a party to an appeal under section 29 of the Act; duly authorized agent means any person authorised in writing to represent the signatory in land disputes but does not include an advocate; and holding means an individual parcel of land which is the subject of an entry in the adjudication record of any adjudication section.

3.

The costs of any demarcation or clearing of a piece of land or Assessment of cost boundary line carried out under section 18 (3) of the Act shall be assessed by the of demarcation of boundaries or lines.

Adjudication Ofcer as being the wages for the period concerned of all labourers and other staff of the Land Adjudication Department engaged full-time on the work in question, the cost price of all materials or services provided whether by way of hedging materials or otherwise, a charge for any transport supplied at Government mileage rates, together with a fee of 15 per cent of all such costs and charges, to cover overheads including costs of supervision.

4.

(1) Any person submitting an appeal to the Minister under section 29 Appeals to Minister of the Act shall attach to his appeal a tracing from the demarcation map of the against determination boundaries of the holdings in dispute.

of objection.

(2) A fee shall be payable in respect of each appeal at the rate specied in the Second Schedule to these Regulations: Provided that the Minister may, in his discretion, waive part of the fees or the whole of the fees payable under this paragraph.

(3) In any case in which the Minister decides in favour of the appellant the Minister shall have discretion to order that any fees paid under paragraph (2) above shall be refunded to the appellant in whole or in part, and may also make orders as to payment of costs.

36 CAP.

284 Land Adjudication [Rev.

2010 [Subsidiary] (4) Subject to the leave of the Minister being rst obtained the appellant or any other party to an appeal may attend before the Minister either in person or by duly authorised agent, and shall be entitled to call witnesses.

Obtaining copies of (5) Any party to an appeal shall be entitled to obtain copies of demarcation records.

maps on payment of fees at the rates prescribed for certied copies of Registry Cap.

300.

Maps by the Fifth Schedule to the Registered Land Act, and copies of relevant documents including the proceedings and decisions of committees, boards and adjudication ofcers in respect of the holdings in dispute on payment of copying fees at the rates prescribed for the provision of copies of court judgments in a subordinate court.

Appeal to Minister 5.

(1) Any person submitting an appeal to the Minister under section on staying of land 30 (3) of the Act shall be required to pay a fee for each such appeal at the rate suits.

specied in the Second Schedule to these Regulations.

(2) In any case in which the Minister decides in favour of a person submitting an appeal under paragraph (1) of this regulation he may at his discretion order that the fee paid shall be refunded to the appellant in whole or in part.

Adjudication fees.

6.

(1) The fees specied in the First Schedule to these Regulations at L.N.

15/1989.

the rates therein mentioned shall be paid by each landowner whose name is contained in the adjudication record in respect of any adjudication area or adjudication section.

(2) The fees payable under paragraph (1) of this regulation shall be paid to the Chief Land Registrar whenever, after the rst registration, any person makes an application for the registration of any dealing affecting the holding: Provided that no dealing as is mentioned in paragraph (2) of this regulation shall be registered until the fees payable under paragraph (1) hereof have been paid.

(3) All fees payable under paragraph (1) of this regulation shall be calculated to the nearest whole hectare.

(4) No fees paid under paragraph (1) of this regulation shall be refunded except by order of the Chief Land Registrar.

Committee and 7.

Any person at whose request a question is referred to a committee Board hearing fees.

or who requests that his complaint under section 21 (3) of the Act be referred to an Arbitration Board or lodges an objection with an Adjudication Ofcer under section 26 of the Act shall pay a fee at the rate specied in the Second Schedule to these Regulations.

Allowances for 8.

No cash allowance of any kind shall be payable to members of members of committees from public funds, but where necessary Government transport may Committees.

be provided for their use.

Rev.

2010] Land Adjudication CAP.

284 37 9.

(1) Every member of an Arbitration Board shall be entitled to be paid [Subsidiary] Allowances for a sitting allowance at the rate of one hundred and fty shillings per day for members of Boards.

every day on which he attends a meeting of the Board.

L.N.

15/1989.

(2) In addition to the sitting allowance each member of an Arbitration Board may be provided from public funds with such accommodation, meals and transport as may be necessary, in the opinion of the Adjudication Ofcer, for the efcient functioning of the Board.

10.

(1) The district commissioner of a district within which an Interpreters.

adjudication area lies, shall, upon the request of the adjudication ofcer, appoint L.N.

15/1989.

for the adjudication area a panel of ten interpreters who are uent in the language of the parties to an appeal made under section 29 of the Act.

(2) The Minister may appoint any of the interpreters appointed under paragraph (1) to interpret any appeal proceedings before him into the language which a party to an appeal understands.

11.

(1) The district commissioner of a district within which an adjudication Appointment of area lies shall, upon the request of the adjudication ofcer, appoint for that assessors.

adjudication area a panel of fty assessors from which the Minister may appoint L.N.

15/1989.

not less than three assessors to advise him on matters relating to customary land law during the hearing of an appeal under section 29 of the Act.

(2) No person who has sat as an assessor on a Committee or Board which has given a decision upon a particular question shall sit as an assessor to any other matter arising from the same question.

(3) The Minister shall, after consultation with the assessors, determine the appeal as he thinks t.

12.

(1) Every assessor shall be entitled to a sitting allowance at the rate Payment of assessors of a hundred shillings for every day on which he sits as an assessor.

and interpreters.

L.N.

15/1989.

(2) An interpreter who is not a public ofcer shall be paid an allowance of a hundred shillings for every day on which his services are engaged.

38 CAP.

284 Land Adjudication [Rev.

2010 [Subsidiary] L.N.

15/1989, FIRST SCHEDULE L.N.304 /1994.

LAND ADJUDICATION FEES District Fees per hectare KSh.

All districts 250 L.N.

212/1991, SECOND SCHEDULE L.N.

304/1994.

CASES FEES Class of cases Sh.

1.

Land adjudication committee.

150 2.

Arbitration board.

300 3.

Adjudication ofcer under section 26 of the Act.

500 4.

Appeal to the Minister under section 29 of the Act.

600 5.

Appeal to the Minister on staying of land suits under section 30 (3) of the Act.

300 6.

Sketch map.

50.