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Classification of Land in Kenya

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Land is one of the most sought after asset in Kenya today – largely because of the fact that its value appreciates very fast.

Many people are today investing in purchasing land – be it for real estate development (for those in urban areas) or for agricultural purposes, mostly in rural areas.

If you are an investor looking to put your money into real estate development or agriculture, you need to be aware of how land is classified – based on the current laws – especially after the promulgation of the 2010 constitution.

The 2010 constitution accelerated efforts to instil reforms in the land sector in the country, leading to the introduction of a number of new laws governing the sector for among others administration, use as well as management of land in Kenya.

Parliament has since enacted four main Acts that are directly related to land issues in the country.

The four acts you need to be conversant with – as an investor in the land sector include;

-         Land Act 2012

-         Land Registration Act 2012

-         National Land Commission Act 2012

-         Community Land 2016

It will be wise to find time and know what those acts say about land management and use.

Another key thing you need to know is how land is classified in Kenya. This will you ensure you don’t end up purchasing a piece of land and do developments on them that will later be demolished – because they are not allowed on that parcel.

Under the 2010 Kenyan Constitution, land is classified into three categories;

Public land

This is land reserved for public use or environmental protection. It is administered and managed by National Land Commission (NLC) on behalf of the people of Kenya.

Also Read: Why You Will Need To Register Your Land Title Deed Afresh

Community land

It is land held by communities on basis of ethnicity, culture or similar community interest.

This category of land is administered under the Community Land Act No. 27 of 2016. Any unregistered land that is community land is held in trust by the county governments for the community.

Private land

This type of land is one held by natural or legal persons.

The Ministry of Lands is tasked with the registration of any interest in private land that is also classified into two land tenure system:

o    Freehold land tenure system which gives the holder absolute ownership of the land for life.

A freehold title deed generally has no restrictions as to the use and occupation of the land. However, are some conditional freeholds which may restrict the use of land for agricultural there uses only.

o    Leasehold land tenure system which is the interest in land for a specific period subject to payment of land rent to the government and land rates to the county governments. Once a lease expires, the land reverts to the owner or the leaseholder can apply for a renewal or extension of the lease.

Private land is what is available for you to purchase and develop. Always be sure to confirm who owns the land you’re about to purchase by doing a search on its title deed, which can be done online.

Baoriat Agencies is committed to helping you find the best place for you to settle in Eldoret town. We walk you through the entire process of acquiring your own property in Eldoret until it has been transferred into your hands.

To learn more about buying a property in Eldoret, 

Call 0721-554937

WhatsApp  https://wa.me/0721-554937  

Email evekibet@gmail.com or 

Visit us at  Juma Hajee Building room number 16, Eldoret town 

Follow our Facebook Page Boariat Agencies for the latest deals.

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