The Village Land Act R.E. 2002
The Village Land Act R.E. 2002 The Village Land Act R.E. 2002
(i)(ii)(iii)lying fallow at any time during the said preceding twelve years;used for depasturing cattle belonging to villagers or to persons using that landwith the agreement of the villagers or in accordance with customary law;land customarily used for passage to land used for depasturing cattle.(2) Where a village claiming or occupying and using land as village land is unable to agreewith or is in dispute with a person or body referred to in paragraph (c) of subsection (1) as tothe boundaries of the land which it is claiming or occupying and using as village land, orwishes to determine the boundaries of the land it is occupying and using in accordance withparagraph (d) of subsection (1), the Minister shall, on being satisfied that every effort has beenmade to try and reach an agreement on the boundaries either–(a)(b)appoint a person to act as a mediator between the village and the person or body withwhich the village is unable to reach agreement, the function of that person shall be towork with and persuade the village authorities and that person or body to reach acompromise over the boundaries; orwhere the mediator reports to the Minister that despite his best endeavours, he isunable to persuade the parties to the dispute to reach a compromise on theboundaries, advise the Minister to appoint an inquiry under section 18 of the Land Act*(16) to adjudicate on and demarcate the boundaries of that village land.(3) An inquiry appointed under section 18 of the Land Act *(17) to adjudicate and demarcatethe boundaries of village land shall conduct such an inquiry in accordance with any specificdirections and procedures set out in the document appointing the person or persons toconduct that inquiry.(4) Where the Minister has exercised any of his powers under subsection (2), all parties to adispute shall forthwith refrain from taking any action which may or is calculated or likely toaffect the outcome of the dispute and where any party to a dispute takes such action, themediator or as the case may be the inquiry shall hold that action against the party that took it inconducting the mediation or as the case may be in determining any recommendations at theconclusion of the inquiry.(5) The Minister shall, unless there are overriding reasons of public interest to the contrary,accept the recommendations of the inquiry appointed under paragraph (b) of subsection (2) asto the boundaries of the village land which was the subject of the inquiry.(6) The Commissioner shall issue to every village in respect of which the boundaries tovillage land have been demarcated or agreed in accordance with the provisions of this sectionor under any law or administrative procedure referred to in this section, a certificate of villageland in the prescribed form.
(7) A certificate of village land shall–(a)(b)(c)(d)be issued in the name of the President;confer upon the village council the functions of management of the village land;affirm the occupation and use of the village land by the villagers under and inaccordance with the customary law applicable to land in the area where the village issituate;where the villagers are pastoralists or have a predominantly pastoral way of life, shallaffirm the use, for purposes of depasturing cattle, of land other than village land whichis customarily so used by those persons.(8) It shall be the responsibility of the village council of the village to which a certificate ofvillage land has been granted to maintain and at all times to keep secure that certificate ofvillage land.(9) Where the boundaries of any village land are altered or amended, the Commissionershall direct the village council of the village, the boundaries of whose land has been altered tosend the certificate of village land to the Commissioner for endorsement on that certificate ofthe alteration or amendment of the boundaries and the village council shall comply with thatdirection.(10) The Commissioner shall maintain a register of village land in accordance with suchrules as may be prescribed.(11) References to the boundaries of village land in this Part shall be to general boundaries.(12) A certificate or other document of registration issued to any village registered under theprovisions of section 22 of the Local Government (District Authorities) Act *(18) shall, wherethe Ministry responsible for Lands approves that it satisfies the conditions for the grant ofcertificate of village land, have the same effect and force as regards village land as acertificate of village land issued to a village under this section.8. Management of village land(1) The village council shall, subject to the provisions of this Act, be responsible for themanagement of all village land.(2) The village council shall exercise the functions of management in accordance with theprinciples applicable to a trustee managing property on behalf of a beneficiary as if the councilwere a trustee of, and the villagers and other persons resident in the village were beneficiariesunder, a trust of the village land.
- Page 1 and 2: CHAPTER 114THE VILLAGE LAND ACT[PRI
- Page 3 and 4: 60. Village Land Council.61. Functi
- Page 5 and 6: "general land" means all public lan
- Page 7 and 8: adviser under section 52 of this Ac
- Page 9 and 10: this section.(2) For the purposes o
- Page 11 and 12: (13) A transfer of village land to
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- Page 17 and 18: issue and advise the village counci
- Page 19 and 20: (i)(ii)to give groups an opportunit
- Page 21 and 22: (3) The district council shall prov
- Page 23 and 24: (7) Persons who traditionally and i
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- Page 27 and 28: that village;(h)(i)inheritable and
- Page 29 and 30: direction of the Registrar.B: Grant
- Page 31 and 32: (ii)(iii)(iv)(v)the contribution th
- Page 33 and 34: any tax or due to the village counc
- Page 35 and 36: (2) of section 23;(b)from a non-vil
- Page 37 and 38: e obtained and no building will be
- Page 39 and 40: (e)is to be made to a person who oc
- Page 41 and 42: (9) An approval of a derivative rig
- Page 43 and 44: (iii)(iv)approval or refused by the
- Page 45 and 46: of the Land Act *(47) relating to l
- Page 47 and 48: the responsibility for paying any d
- Page 49 and 50: (1) Upon any breach of any conditio
- Page 51 and 52: his assent to that remedy.(4) Where
- Page 53 and 54: (c)take no further action on the ma
- Page 55 and 56: (ii)forbidding action to be taken u
- Page 57 and 58: circumstances of the case.(13) An o
- Page 59 and 60: (a)(b)(c)is not and has not for not
- Page 61 and 62: abandonment;(c)(d)all notices which
- Page 63 and 64: the village council,that village co
(i)(ii)(iii)lying fallow at any time during the said preceding twelve years;used for depasturing cattle belonging to villagers or to persons using that landwith the agreement of the villagers or in accordance with customary law;land customarily used for passage to land used for depasturing cattle.(2) Where a village claiming or occupying and using land as village land is unable to agreewith or is in dispute with a person or body referred to in paragraph (c) of subsection (1) as tothe boundaries of the land which it is claiming or occupying and using as village land, orwishes to determine the boundaries of the land it is occupying and using in accordance withparagraph (d) of subsection (1), the Minister shall, on being satisfied that every effort has beenmade to try and reach an agreement on the boundaries either–(a)(b)appoint a person to act as a mediator between the village and the person or body withwhich the village is unable to reach agreement, the function of that person shall be towork with and persuade the village authorities and that person or body to reach acompromise over the boundaries; orwhere the mediator reports to the Minister that despite his best endeavours, he isunable to persuade the parties to the dispute to reach a compromise on theboundaries, advise the Minister to appoint an inquiry under section 18 of the <strong>Land</strong> <strong>Act</strong>*(16) to adjudicate on and demarcate the boundaries of that village land.(3) An inquiry appointed under section 18 of the <strong>Land</strong> <strong>Act</strong> *(17) to adjudicate and demarcatethe boundaries of village land shall conduct such an inquiry in accordance with any specificdirections and procedures set out in the document appointing the person or persons toconduct that inquiry.(4) Where the Minister has exercised any of his powers under subsection (2), all parties to adispute shall forthwith refrain from taking any action which may or is calculated or likely toaffect the outcome of the dispute and where any party to a dispute takes such action, themediator or as the case may be the inquiry shall hold that action against the party that took it inconducting the mediation or as the case may be in determining any recommendations at theconclusion of the inquiry.(5) <strong>The</strong> Minister shall, unless there are overriding reasons of public interest to the contrary,accept the recommendations of the inquiry appointed under paragraph (b) of subsection (2) asto the boundaries of the village land which was the subject of the inquiry.(6) <strong>The</strong> Commissioner shall issue to every village in respect of which the boundaries tovillage land have been demarcated or agreed in accordance with the provisions of this sectionor under any law or administrative procedure referred to in this section, a certificate of villageland in the prescribed form.
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