Constitution of Kenya (Repealed) - Kenya Law Reports

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100 Constitution of Kenya[Rev. 2009Cap. 284.Act; and(b) any other law permitting the registration of individual titlesto estates, interests or rights in or over land that, immediatelybefore registration, is Trust land (except so far as the lawpermits the registration of estates, interests or rights vestedin persons or authorities for whose use and occupation theland has been set apart under this Chapter).Setting apart of Trustland by Countycouncils.117. (1) Subject to this section, an Act of Parliament mayempower a county council to set apart an area of Trust land vested inthat county council for use and occupation -(a) by a public body or authority for public purposes; or(b) for the purpose of the prospecting for or the extraction ofminerals or mineral oils; or(c) by any person or persons for a purpose which in theopinion of that county council is likely to benefit the personsordinarily resident in that area or any other area of Trust landvested in that county council, either by reason of the use towhich the area so set apart is to be put or by reason of therevenue to be derived from rent in respect thereof,and the Act of Parliament may prescribe the manner in which and theconditions subject to which such setting apart shall be effected.(2) Where a county council has set apart an area of land inpursuance of this section, any rights, interests or other benefits in respectof that land that were previously vested in a tribe, group, family orindividual under African customary law shall be extinguished.(3) Where a county council has set apart an area of land inpursuance of this section, it may, subject to any law, make grants ordispositions of any estate, interest or right in or over that land or anypart of it to any person or authority for whose use and occupation itwas set apart.(4) No setting apart in pursuance of this section shall have effectunless provision is made by the law under which the setting apart takesplace for the prompt payment of full compensation to any resident ofthe land set apart who -(a) under the African customary law for the time being in forceand applicable to the land, has a right to occupy any part ofthe land; or
Rev. 2009]Constitution of Kenya 101(b) is, otherwise than in common with all other residents ofthe land, in some other way prejudicially affected by thesetting apart.(5) No right, interest or other benefit under African customarylaw shall have effect for the purposes of subsection (4) so far as it isrepugnant to any written law.118. (1) Where the President is satisfied that the use andoccupation of an area of Trust land is required for any of the purposesspecified in subsection (2), he may, after consultation with the countycouncil in which the land is vested, give written notice to that countycouncil that the land is required to be set apart for use and occupationfor those purposes; and the land shall then be set apart accordinglyand there shall be vested in the Government of Kenya or in such otherperson or authority referred to in subsection (2) as may be specified inthe written notice, such estates, interests or rights in or over that landor any part of it as may be specified in the written notice.Setting apart of Trustland for purposes ofGovernment, etc.(2) The purposes for which Trust land may be set apart underthis section are -(a) the purposes of the Government of Kenya;(b) the purposes of a body corporate established for publicpurposes by an Act of Parliament;(c) the purposes of a company registered under the law relatingto companies in which shares are held by or on behalf of theGovernment of Kenya;(d) the purpose of the prospecting for or the extraction ofminerals or mineral oils.(3) This section shall apply to land that has already been set apartin pursuance of section 117 as it applies to other land, and in that casea setting apart under this section shall extinguish any estate, interestor right in or over the land or any part thereof that may be vested inany person or authority in consequence of the setting apart under thatsection, but section 75 shall apply in relation to the setting apart underthis section as if it were a compulsory acquisition by the Governmentof Kenya under an Act of Parliament of the estate, interest or right soextinguished.(4) Where land is set apart under this section -
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Constitution of Kenya (Repealed) - Kenya Law Reports

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