Land and Environment

Part 1—Land

1. 60Principles of land policyLand must be held, used and managed fairly, efficiently, productively and sustainably. Principles include equal access, secure land rights, conservation, no gender discrimination, and local dispute resolution. A national land policy and laws put this into effect.
2. 61Classification of landAll land in Kenya belongs to the people of Kenya collectively, as a nation, as communities and as individuals. It is classified as public, community or private.
3. 62Public landPublic land includes government land, forests, parks, rivers, lakes, minerals, roads and the sea bed. County or national government holds it in trust for the people, administered by the National Land Commission. It can be disposed of or used only under an Act of Parliament.
4. 63Community landCommunity land is held by communities identified by ethnicity, culture or shared interest, such as community forests, grazing areas and ancestral lands. Unregistered community land is held in trust by county governments. It can be disposed of or used only under legislation.
5. 64Private landPrivate land is registered land held under freehold or leasehold, plus any other land an Act of Parliament declares private.
6. 65Landholding by non-citizensA non-citizen may hold land on leasehold only, for no more than ninety-nine years. A company counts as a citizen only if wholly owned by citizens. Parliament may make further provision.
7. 66Regulation of land use and propertyThe State may regulate land use for defence, public safety, order, morality, health or land use planning. Parliament must pass laws ensuring investments in property benefit local communities and their economies.
8. 67National Land CommissionThis Article creates the National Land Commission. Its functions include managing public land, recommending land policy, investigating present and historical land injustices, encouraging traditional dispute resolution, and overseeing land use planning.
9. 68Legislation on landParliament must revise and consolidate land laws and pass laws on matters such as land holding limits, changing land categories, matrimonial property, protecting public land, reviewing past public land grants, and protecting dependants of deceased landholders.

Part 2—Environment and natural resources

1. 69Obligations in respect of the environmentThe State must manage and conserve the environment sustainably, work towards at least ten per cent tree cover, protect biodiversity, encourage public participation and set up environmental impact assessments. Every person has a duty to help protect the environment.
2. 70Enforcement of environmental rightsIf you believe your right to a clean and healthy environment has been, is being or may be violated, you can apply to court. You need not show anyone suffered loss or injury. The court may order the harm stopped or compensation paid.
3. 71Agreements relating to natural resourcesA deal that gives someone a right to exploit a natural resource of Kenya, made on or after the effective date, must be ratified by Parliament. Parliament must pass a law setting which classes of deals are covered.
4. 72Legislation relating to the environmentParliament must pass laws to give full effect to the environment and natural resources provisions of this Part.

Summaries and answers are a plain-English guide written by Iam254, not legal advice. The official text is what counts. Official text: Constitution of Kenya, 2010, Kenya Law (National Council for Law Reporting), legislation as at 3 September 2010. It has not been amended since.