The Village Land Act R.E. 2002
The Village Land Act R.E. 2002 The Village Land Act R.E. 2002
(3) of section 53;(e)(f)(g)(h)(i)(j)refer any matter to a village adjudication committee for its opinion;exercise, to the exclusion of the chairman of a village adjudication committee, theresponsibility for ensuring compliance with subsection (2) of section 57;exercise, to the exclusion of a village adjudication committee, the powers set out insubsections (3), (4) and (5) of section 54, and accordingly substitute a reference tohimself for a reference to a village adjudication committee in a notice published undersubsection (2) of section 54;prepare, to the exclusion of a village adjudication committee, the provisionaladjudication record under subsection (6) of section 54;issue any orders to any officer subordinate to him and to a village adjudicationcommittee which he thinks necessary for the carrying out of the process ofadjudication;at any time before a provisional adjudication record becomes final, correct any error orsupply any omission occurring in that provisional record.(3) An adjudication officer shall have jurisdiction in all claims made under a process ofcentral adjudication relating to interests in land in an adjudication area, with power todetermine any question that needs to be determined in connection with any claims and for thatpurpose he shall be legally competent to administer oaths and to issue summonses, notices ororders requiring the attendance of any persons or the production of any documents which hemay consider necessary for the carrying out of that adjudication.(4) Any person who has made a claim under a process of district adjudication who isaggrieved by any act or decision of an adjudication officer done or taken under the process ofdistrict adjudication may, within thirty days of the publication of a provisional adjudicationrecord, appeal to the Commissioner and may further appeal to the High Court.(5) On any appeal which is made under subsection (4), the court may make any decision ororder which it may consider just in all the circumstances and to that end it may make anyrectification of the provisional adjudication record which it considers necessary to achieve ajust result.(6) The provisions of subsections (7) and (8) of section 54 shall apply to a provisionaladjudication record prepared by an adjudication officer under this section.57. Principles of adjudication(1) In preparing the provisional adjudication record, a village adjudication committee, or as
the case may be, an adjudication officer, if it or he is satisfied that–(a)(b)(c)(d)(e)(f)(g)(h)(i)a person is and has been or his predecessor in title was in peaceable, open anduninterrupted occupation of village land under customary law for not less than twelveyears, shall determine that person to be entitled to a customary right of occupancy;a person is in occupation of village land allocated to him or his predecessor in titleduring Operation Vijiji, shall determine that person to be entitled to a customary rightof occupancy;a group of persons are and have been in peaceable, open and uninterruptedoccupation of or have similarly used the village land for pastoral purposes for not lessthat twelve years, shall determine that group of persons to be entitled to a customaryright of occupancy over that land;a group of persons are in occupation of or have been using for pastoral purposes,village land allocated to them during Operation Vijiji, shall determine that group ofpersons to be entitled to a customary right of occupancy over that land;a person or group of persons are in peaceable, open and uninterrupted occupation ofland or are similarly using the land under an arrangement or as a result of atransaction whether under customary law or any written law relating to land, andwhether that occupation can be evidenced by a document in writing or not which doesnot fall within any of the above categories of land occupancy, shall determine thenature, incidents and extent of that occupancy and declare that person or group ofpersons to occupy that land under the type of occupancy so determined, whether it bea customary right of occupancy or a derivative right;a person or group of persons or a non-village organisation are in occupation of or areusing village land without any right or interest so to be, shall determine those personsor non-village organisation to be unauthorised occupiers, permitted to remain on theland temporarily as licensees;a person or group of persons are entitled to an interest in village land, whether undercustomary law or otherwise, not amounting to occupation under customary law, orunder a derivative right, shall determine the nature, incidents and extent of thoseinterests to enable it to be recorded in the name of the person or group or personsentitled to benefit from it;the village land is entirely free of any occupation or use or any right of occupation oruse by any person or group of persons, shall determine that land to be communalvillage land;the village land is entirely free of any occupation or use by any person or group of
- 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 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
- Page 65 and 66: village council shall, as soon as m
- Page 67 and 68: other member presiding and the vill
- Page 69: provisional adjudication record whi
- 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
(3) of section 53;(e)(f)(g)(h)(i)(j)refer any matter to a village adjudication committee for its opinion;exercise, to the exclusion of the chairman of a village adjudication committee, theresponsibility for ensuring compliance with subsection (2) of section 57;exercise, to the exclusion of a village adjudication committee, the powers set out insubsections (3), (4) and (5) of section 54, and accordingly substitute a reference tohimself for a reference to a village adjudication committee in a notice published undersubsection (2) of section 54;prepare, to the exclusion of a village adjudication committee, the provisionaladjudication record under subsection (6) of section 54;issue any orders to any officer subordinate to him and to a village adjudicationcommittee which he thinks necessary for the carrying out of the process ofadjudication;at any time before a provisional adjudication record becomes final, correct any error orsupply any omission occurring in that provisional record.(3) An adjudication officer shall have jurisdiction in all claims made under a process ofcentral adjudication relating to interests in land in an adjudication area, with power todetermine any question that needs to be determined in connection with any claims and for thatpurpose he shall be legally competent to administer oaths and to issue summonses, notices ororders requiring the attendance of any persons or the production of any documents which hemay consider necessary for the carrying out of that adjudication.(4) Any person who has made a claim under a process of district adjudication who isaggrieved by any act or decision of an adjudication officer done or taken under the process ofdistrict adjudication may, within thirty days of the publication of a provisional adjudicationrecord, appeal to the Commissioner and may further appeal to the High Court.(5) On any appeal which is made under subsection (4), the court may make any decision ororder which it may consider just in all the circumstances and to that end it may make anyrectification of the provisional adjudication record which it considers necessary to achieve ajust result.(6) <strong>The</strong> provisions of subsections (7) and (8) of section 54 shall apply to a provisionaladjudication record prepared by an adjudication officer under this section.57. Principles of adjudication(1) In preparing the provisional adjudication record, a village adjudication committee, or as
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