Right procedures of acquiring land

BY Franco Odhiambo

The Mau forest complex saga pitting legitimate and illegitimate settlers against the Government over the destruction of water catchments areas has brought into sharp focus the issue of land acquisition in Kenya.

Private citizens and organisation acquire land for either social or economic needs. The Government also acquires land for various development projects such as expansion of existing infrastructure or construction of new ones, game parks, forest reserves and riparian reserves among others.

Due to limited availability and accessibility to suitable land for various needs, some people have fraudently acquired land while others have forcibly entered land reserved for public purpose causing a lot of destruction as witnessed in the Mau forest complex, a vital water catchment area.

These people now pose a national catastrophe to the country politically, socially and economically. To avoid a repeat of this and other similar incidents, it is important for people to know the legal methods of acquiring land.

Registration

This involves laying claim to ancestral land, which has not been reserved for any other public purpose like forest reserve, game reserve, national park, mining and other natural resource exploitation.

For registration to be considered legal, the ancestral land to be claimed must be declared a land adjudication area as stipulated in the Land Adjudication Act Cap 284, or land consolidation area as stipulated in the Land Consolidation Act Cap 283.

Once the claimant lays claim and follows the procedures as stipulated in the above acts, the claimant is issued with a title deed under the Registered Land Act Cap 300. This is the method that has enabled many Kenyans to acquire freehold land legally.

Allocation

This is acquiring land from the Government or local authority for agricultural, commercial, industrial or residential purpose. The Government or local authority advertises the plots to be allocated and invites applicants who meet the conditions stipulated.

Persons with special projects can also apply directly to the commissioner of lands for allocation. The land to be allocated should be unalienated and the allocation should not interfere with public interest.

In case of gazetted land like forest reserves, it must be degazzeted in the official Kenya Gazette and the public given a chance to object. Allocation of Government and trust land has been abused by dishonest officials who dish out land without following the stipulated rules as witnessed in the Mau forest case.

It is important for those seeking allocation to make sure procedures have been followed.

Inheritance

This is a method of acquiring land from deceased parents, spouses or relatives through succession. The land can either be ancestral freehold or a Government/Council lease. For inheritance to be legal, the heir must follow the procedure as stipulated in the Law of Succession Act.

The writer is a survey and mapping professional a Maptech Consult.