By Franco Odhiambo

In terms of ownership, land can be classified into three types:

1Government land: Also known as public land, this is land owned by the Government. It may be unutilised or may be available to the general public for various uses like parks and playgrounds among other uses. The land is administered under the Government Lands Act, Cap 280.

The President or the Commissioner of Lands can grant freeholds or leaseholds to private individuals or organisations as long as it does not interfere with the public interest. Once the grant is made and registered, the land ceases to be public land and becomes private land. In case of leasehold interest, the land reverts back to the state once the lease expires.

2 Trust land: this is land held under trusteeship by various local authorities for the benefit of residents on that land. The residents occupy the land under their customary laws and can lay specific claim to a particular area of land. Trust land is administered under the Trust Land Act, Cap 288. The Commissioner of Lands is empowered to administer the land as an agent of the local authorities.

As a result of land consolidation, land adjudication and land registration under the Registered Land Act, trust land is now diminishing and most of it is now private or on freehold interest. Apart from administering trust land on behalf of the local residents, local authorities own land for their own use and can sell or lease land to private persons.

3 Private land: this is land owned by a person or an organisation in either freehold or leasehold interest. Those interests are acquired after registration and issue of titles or leases, following Government or trust land allocation or as a result of land consolidation or adjudication.

Private land can also be obtained through buying, as a gift, through inheritance or public auction.