The Village Land Act R.E. 2002

any rights and obligations vested in any person by any law which may have existed prior to thewritten offer of or the letter of offer for a granted right of occupancy.(4) The interest in land created by an allocation of land to which subsection (1) refers andthe right of occupancy to which subsection (2) refers are hereby confirmed to be and to havealways been a customary right occupancy.(5) A person or group of persons who, by virtue of this section occupy land under acustomary right of occupancy may, subject to and in accordance with the provisions of thisPart, obtain a certificate of customary title in respect of that occupation of land.(6) Where a customary right of occupancy confirmed by subsections (1) and (2) or capableof being created under subsection (3) is or would be held in respect of an acreage of landwhich exceeds the maximum acreage of village land which a person is permitted under this Actto occupy, that customary right of occupancy shall, subject to the payment of anycompensation or that grant of a right of occupancy in general land which is provided for by thisPart, and taking account of the views of the customary right holder as to the portion of land tobe exercised as excess land, be terminated in respect of that exercised land by the villagecouncil exercising management powers over that village land.(7) Every derivative right granted out of a customary right of occupancy confirmed by thissection is hereby confirmed to be and to have always been a valid derivative right in anymanner it was created and to whom it was granted.(8) A derivative right referred to in subsection (7) which conflicts with any of the provisionsof this Act relating to the persons to whom, the period for which and amount of land which aderivative right granted out of a customary right of occupancy is required to comply with, maysubject to the payment of any compensation which is required by this Act and any otherconditions which may be prescribed, be terminated by the village council having managementpowers over the land.(9) Where there is a dispute between two or more persons, family units or groups ofpersons as to which of the parties is entitled to land under any of the provisions of subsections(1), (2) or (3), the village council shall refer the matter to the Village Land Council to mediatebetween the parties and where the Village Land Council is unable to resolve the disputebetween the parties, the village council shall refer the dispute to the Ward Tribunal and mayfurther refer the matter to court having jurisdiction in the area where the land is situated.(10) For the avoidance of doubt, this section does not apply to–(a)any right to occupy or use any land in accordance with any custom or rule ofcustomary law existing in any village which existed before and was not established ortransformed by the addition of significant numbers of persons from outside the districtas a result of Operation Vijiji or in any land which was not brought within the