Constitutions


Country: Kenya

Kenya
CHAPTER IX
TRUST LAND

115
(1) All Trust land shall vest in the county council within whose area of jurisdiction it is situated:

Provided that there shall not vest in any county council by virtue of this subsection-
(i) any body of water that immediately before 12th December, 1964 was vested in any person or authority in right of the Government of Kenya; or
(ii) any minerals or mineral oils.

(2) Each county council shall hold the Trust land vested in it for the benefit of the land and shall give effect to such rights, interests or other benefits in respect of the land as may, under the African customary law for the time being in force and applicable thereto, be vested in any tribe, group, family or individual:
Provided that no right, interest or other benefit under African customary law shall have effect for the purposes of this subsection so far as it is repugnant to any written law.

117
(2) Where a county council has set apart an area of land in pursuance of this section, any rights, interests or other benefits in respect of that land that were previously vested in a tribe, group, family or individual under African customary law shall be extinguished.

118
(4) Where land is set apart under this section-

(a) any rights, interests or other benefits in respect of that land that were previously vested in any tribe, group, family or individual under African customary law shall be extinguished;

 



 
 

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