The Village Land Act R.E. 2002
The Village Land Act R.E. 2002 The Village Land Act R.E. 2002
customary right of occupancy which may be revoked is situate to give him any information anddocuments and take any action in any time which may be specified in the direction, being notless than forty days, to enable him to exercise his functions under sections 46 and 47 of theLand Act *(49), in relation to that customary right of occupancy.(4) A village council in receipt of which the directive is referred to in subsection (3) shallcomply with that directive in every particular.45. Abandonment of land held for a customary right of occupancy(1) Land held for a customary right of occupancy shall be taken to be abandoned where oneor more of the following factors are present:(a)(b)(c)The occupier has not occupied or used the land for any purpose for which land maylawfully be occupied and used, including allowing land to lie fallow, in the village fornot less than five years;the occupier, other than a villager whose principal means of livelihood is agricultural orpastoral, owes any rent, taxes or dues on or in respect of the land and has continuedto owe that rent, taxes or dues or any portion of it for not less than two years from thedate on which that rent, taxes or dues or any portion of it first fell to be paid;the occupier has left the country without making any arrangement for any person tobe responsible for the land and for ensuring that the conditions subject to which thecustomary right of occupancy was granted are complied with and has not given anyappropriate notification to the village council.(2) In determining whether land has been abandoned in terms of paragraph (a) and (b) ofsubsection (1), regard shall be had to–(a)(b)(c)(d)the means of the occupier of the land, and where the occupier is an individual, theage and physical condition of the occupier;the weather conditions in the area during the preceding three years;any customary practices, particularly practices amongst pastoralists which may havecontributed to the non-use of the land during the preceding three years;any advice on the matter sought by the village council or given to it by theCommissioner.(3) Land shall not be taken to be abandoned under subsection (1) where a spouse ordependants of the occupier are occupying and using that land, notwithstanding that theoccupier–
(a)(b)(c)is not and has not for not less than three years occupied or used that land; orowes, in accordance with paragraph (b) of that subsection any rent, taxes, fees ordues on that land; orhas not specifically appointed a spouse or a dependant to manage the land in hisabsence.(4) Where a village council considers that any village land held for a customary right ofoccupancy has been abandoned, it shall publish a notice in the prescribed form at the officesof the village council and affix a copy of the notice in a prominent place on that land–(a)(b)stating that the question of whether that land has been abandoned will be consideredby the village council at a time which shall be not less than thirty days from the date ofthe publication of the notice;inviting any person in the village with an interest in that land to show cause as to whythat land should not be declared to be abandoned.(5) A copy of a notice referred to in subsection (3) shall be sent to the Commissioner whoshall be entitled to make representations to the village council on the matter.(6) Where either no person interested in the land has shown cause or a person interested inthe land has shown cause to the satisfaction of the village council as to why the land shouldnot be declared to be abandoned, the village council may make an order, to be known as a'provisional order of abandonment' in the prescribed form declaring the land to be abandoned.(7) A copy of a provisional order of abandonment shall be–(a)(b)(c)posted up in the offices of the village council;affixed in a prominent place on the land to which it refers;sent to the Commissioner.(8) A provisional order of abandonment shall, without more, unless a person claiming aninterest in the land applies to the court for relief against that order, become a final order ofabandonment ninety days from the date of the declaration of the provisional order.(9) On the coming into effect of a final order of abandonment–(a)(b)the customary right of occupancy in the land which has thereby been declared to beabandoned, shall immediately and without further action being required standrevoked; andthe land which has been declared to be abandoned shall, immediately and withoutany further action being required, revert back to land held by the village council as
- 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
- Page 13 and 14: A: Management and Administration (s
- Page 15 and 16: (7) A certificate of village land s
- 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
- Page 25 and 26: jurisdiction of any village establi
- 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: circumstances of the case.(13) An o
- Page 61 and 62: abandonment;(c)(d)all notices which
- Page 63 and 64: the village council,that village co
- Page 65 and 66: village council shall, as soon as m
- Page 67 and 68: other member presiding and the vill
- Page 69 and 70: provisional adjudication record whi
- Page 71 and 72: the case may be, an adjudication of
- Page 73 and 74: authorised representative of each p
- Page 75 and 76: shall be-(a)(b)nominated by the vil
- Page 77 and 78: (5) A member of an village land cou
- Page 79 and 80: any person authorised under this Ac
- Page 81 and 82: (3) Any form prescribed under this
- Page 83 and 84: Cap. 11313 (Popup - Popup)Cap. 1131
- Page 85 and 86: Cap. 31837 (Popup - Popup)Act No. 1
customary right of occupancy which may be revoked is situate to give him any information anddocuments and take any action in any time which may be specified in the direction, being notless than forty days, to enable him to exercise his functions under sections 46 and 47 of the<strong>Land</strong> <strong>Act</strong> *(49), in relation to that customary right of occupancy.(4) A village council in receipt of which the directive is referred to in subsection (3) shallcomply with that directive in every particular.45. Abandonment of land held for a customary right of occupancy(1) <strong>Land</strong> held for a customary right of occupancy shall be taken to be abandoned where oneor more of the following factors are present:(a)(b)(c)<strong>The</strong> occupier has not occupied or used the land for any purpose for which land maylawfully be occupied and used, including allowing land to lie fallow, in the village fornot less than five years;the occupier, other than a villager whose principal means of livelihood is agricultural orpastoral, owes any rent, taxes or dues on or in respect of the land and has continuedto owe that rent, taxes or dues or any portion of it for not less than two years from thedate on which that rent, taxes or dues or any portion of it first fell to be paid;the occupier has left the country without making any arrangement for any person tobe responsible for the land and for ensuring that the conditions subject to which thecustomary right of occupancy was granted are complied with and has not given anyappropriate notification to the village council.(2) In determining whether land has been abandoned in terms of paragraph (a) and (b) ofsubsection (1), regard shall be had to–(a)(b)(c)(d)the means of the occupier of the land, and where the occupier is an individual, theage and physical condition of the occupier;the weather conditions in the area during the preceding three years;any customary practices, particularly practices amongst pastoralists which may havecontributed to the non-use of the land during the preceding three years;any advice on the matter sought by the village council or given to it by theCommissioner.(3) <strong>Land</strong> shall not be taken to be abandoned under subsection (1) where a spouse ordependants of the occupier are occupying and using that land, notwithstanding that theoccupier–
Change language