The Village Land Act R.E. 2002
The Village Land Act R.E. 2002 The Village Land Act R.E. 2002
persons shall determine that land to be communal land;(j)the land alleged to be village land is not village land, shall declare that land to begeneral land.(2) In making any determinations under subsection (3), a village adjudication committee oras the case may be an adjudication officer shall have regard treat the rights of women and therights of pastoralists to occupy or use or have interest in land not less favourably than therights of men or agriculturalists to occupy or use or have interests in land.(3) In determining whether occupations of land has been peaceable, open anduninterrupted–(a)(b)(c)no account shall be taken of any order, declaration or scheme issued or made underthe Town and Country Planning Act *(50), which purports to alter, amend or add to theincidents of any deemed right of occupancy or other right to occupy land of anyperson so as to render any aspect of that occupation unlawful;a person occupying land in an urban or peri-urban area at the will or sufferance of oras a trespasser (relative to a person or organisation having a title to that land) butwhose occupation is recognised and accepted as being in accordance with thecustoms of the community of which he is a part, shall be deemed to be in peaceableopen and uninterrupted occupation of that land;it shall not be necessary that occupation be continuous provided that when land is notoccupied by a person or group of persons claiming peaceable, open anduninterrupted occupation of that land, it is not occupied by any other person or groupof persons claiming peaceable open and uninterrupted occupation.(4) A village adjudication committee or an adjudication officer may record that two or morepersons or groups of persons are co-occupiers and users of land, whether those persons orgroups of persons have claimed to be co-occupiers or are disputing occupation or use of thatland and where that determination is made, the committee or adjudication officer as the casemay be, shall determine and record the nature, incidents and extent of that co-occupation andwhether those persons and group of persons are joint occupiers or occupiers in common asprovided for in Part XIII of the Land Act *(51), relating to co-occupancy whose rights betweenthemselves are governed by customary law.(5) References to "land" in this section are to land the boundaries of which have beenagreed to by the parties claiming an interest in that land and contiguous land or have, in theabsence of that agreement, been determined by a village adjudication committee or anadjudication officer.(6) Where a provisional adjudication record has been completed, it shall be signed by theChairman and executive officer of the village adjudication committee and by each person or an
authorised representative of each person or group of persons or non-village organisationwhose interests in land have been adjudicated.58. Land sharing arrangements between pastoralists and agriculturalists(1) Where, in respect of any land the subject of adjudication, the village adjudicationcommittee or, as the case may be, the adjudication officer is satisfied that there is a dual useof the land between groups of persons using the land for pastoral purposes and groups ofpersons using the land for agricultural purposes and that both groups claim to be using thatland in accordance with customary law applicable to their respective uses, the committee or,as the case may be the adjudication officer shall–(a)(b)determine and record the nature, extent and incidents of each use and so far as it ispossible to do so, the length of time that each group has used or claimed the use ofthat land for their respective uses;where the village adjudication committee or the adjudication officer is satisfied that thegroups of persons so using the land have in the past and are likely to continue in thefuture to carry out their respective uses of the land in co-operation with each other, heor as the case may be it prepare an arrangement for that continued dual use whichrecords–(i)(ii)the rights to the use and occupation of the land by each group as recognised byeach group; andthe arrangements for resolving any disputes between the dual uses adopted andused by those groups;(c)where the village adjudication Committee or an adjudicating officer or he is satisfiedthat the groups of persons using the land are in continuous dispute about the uses ofthe land, it or he as the case may be, shall–(i)(ii)(iii)(iv)record the rights to the use and occupation of the land claimed by each group;andprepare a draft sharing arrangement for the continued dual use of the land eitherfor a limited period or indefinitely based on the claimed uses of the land modifiedso as to reduce the likelihood of disputes; anddiscuss the arrangement with each group of persons or their representatives witha view to obtaining their agreement to the said arrangement or the saidarrangement modified to take account of the views of those groups theirrepresentatives; andadopt the draft arrangement as a scheme.
- 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 and 70: provisional adjudication record whi
- Page 71: the case may be, an adjudication of
- 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
persons shall determine that land to be communal land;(j)the land alleged to be village land is not village land, shall declare that land to begeneral land.(2) In making any determinations under subsection (3), a village adjudication committee oras the case may be an adjudication officer shall have regard treat the rights of women and therights of pastoralists to occupy or use or have interest in land not less favourably than therights of men or agriculturalists to occupy or use or have interests in land.(3) In determining whether occupations of land has been peaceable, open anduninterrupted–(a)(b)(c)no account shall be taken of any order, declaration or scheme issued or made underthe Town and Country Planning <strong>Act</strong> *(50), which purports to alter, amend or add to theincidents of any deemed right of occupancy or other right to occupy land of anyperson so as to render any aspect of that occupation unlawful;a person occupying land in an urban or peri-urban area at the will or sufferance of oras a trespasser (relative to a person or organisation having a title to that land) butwhose occupation is recognised and accepted as being in accordance with thecustoms of the community of which he is a part, shall be deemed to be in peaceableopen and uninterrupted occupation of that land;it shall not be necessary that occupation be continuous provided that when land is notoccupied by a person or group of persons claiming peaceable, open anduninterrupted occupation of that land, it is not occupied by any other person or groupof persons claiming peaceable open and uninterrupted occupation.(4) A village adjudication committee or an adjudication officer may record that two or morepersons or groups of persons are co-occupiers and users of land, whether those persons orgroups of persons have claimed to be co-occupiers or are disputing occupation or use of thatland and where that determination is made, the committee or adjudication officer as the casemay be, shall determine and record the nature, incidents and extent of that co-occupation andwhether those persons and group of persons are joint occupiers or occupiers in common asprovided for in Part XIII of the <strong>Land</strong> <strong>Act</strong> *(51), relating to co-occupancy whose rights betweenthemselves are governed by customary law.(5) References to "land" in this section are to land the boundaries of which have beenagreed to by the parties claiming an interest in that land and contiguous land or have, in theabsence of that agreement, been determined by a village adjudication committee or anadjudication officer.(6) Where a provisional adjudication record has been completed, it shall be signed by theChairman and executive officer of the village adjudication committee and by each person or an
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