Constitution of Kenya (Repealed) - Kenya Law Reports

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98 Constitution of Kenya[Rev. 2009CHAPTER IXTRUST LANDInterpretation ofChapter.Cap. 288.Cap. 280.114. (1) Subject to this Chapter, the following descriptions ofland are Trust land -(a) land which is in the Special Areas (meaning the areas ofland the boundaries of which were specified in the FirstSchedule to the Trust Land Act as in force on 31 st May, 1963),and which was on 31 st May, 1963 vested in the Trust LandBoard by virtue of any law or registered in the name of theTrust Land Board;(b) the areas of land that were known before 1 st June, 1963as Special Reserves, Temporary Special Reserves, SpecialLeasehold Areas and Special Settlement Areas and theboundaries of which were described respectively in theFourth, Fifth, Sixth and Seventh Schedules to the CrownLands Ordinance as in force on 31 st May, 1963, the areasof land that were on 31 st May, 1963 communal reserves byvirtue of a declaration under section 58 of that Ordinance,the areas of land referred to in section 59 of that Ordinanceas in force on 31 st May, 1963 and the areas of land in respectof which a permit to occupy was in force on 31 st May, 1963under section 62 of that Ordinance; and(c) land situated outside the Nairobi Area (as it was on 12 thDecember, 1964) the freehold title to which is registered inthe name of a county council or the freehold title to which isvested in a county council by virtue of an escheat:Provided that Trust land does not include any estates,interests or rights in or over land situated in the Nairobi Area(as it was on 12 th December, 1964) that on 31 st May, 1963were registered in the name of the Trust Land Board underthe former Land Registration (Special Areas) Ordinance.(2) In this Chapter, references to a county council shall, in relationto land within the areas of jurisdiction of the Taveta Area Council, thePokot Area Council, the Mosop Area Council, the Tinderet Area Council,the Elgeyo Area Council, the Marakwet Area Council, the Baringo AreaCouncil, the Olenguruone Local Council, the Mukogodo Area Council,the Elgon Local Council, and the Kuria Local Council, be construed asreferences to those councils respectively.Trust land to vest incounty councils.115. (1) All Trust land shall vest in the county council withinwhose area of jurisdiction it is situated:
Rev. 2009]Constitution of Kenya 99Provided that there shall not vest in any county council by virtueof this subsection -(i) any body of water that immediately before 12 th December,1964 was vested in any person or authority in right of theGovernment of Kenya; or(ii) any mineral oils.(2) Each county council shall hold the Trust land vested in it forthe benefit of the persons ordinarily resident on that land and shall giveeffect to such rights, interests or other benefits in respect of the land asmay, under the African customary law for the time being in force andapplicable thereto, be vested in any tribe, group, family or individual:Provided that no right, interest or other benefit under Africancustomary law shall have effect for the purposes of this subsection sofar as it is repugnant to any written law.(3) Notwithstanding subsection (2), provision may be made byor under an Act of Parliament enabling a person to be granted a rightor interest to prospect for minerals or mineral oils on any area of Trustland, or to extract minerals or mineral oils from any such area, and thecounty council in which the land is vested shall give effect to that rightor interest accordingly:Provided that the total period during which minerals or mineraloils may be prospected for on, or extracted from, any particular areaof land by virtue of any grant or grants while the land is not set apartshall not exceed two years.(4) Subject to this Chapter, provision may be made by or underan Act of Parliament with respect to the administration of Trust landby a county council.116. (1) A county council may, in such manner and subject tosuch conditions as may be prescribed by or under an Act of Parliament,request that any law to which this subsection applies shall apply to anarea of Trust land vested in that county council, and when the title toany parcel of land within that area is registered under any such lawotherwise than in the name of the county council it shall cease to beTrust land.Registration ofindividual titles toTrust land.(2) The laws to which subsection (1) applies are -(a) the Land Consolidation Act and the Land AdjudicationCap. 283,
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Constitution of Kenya (Repealed) - Kenya Law Reports

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