Land (Conversion of Land) Rules, 2017 (S.I. No. 282 of 2017)

I I I i ) ) Kenya Subsidiary l^e gislation, 20 I 7 2661 GENERAL: This Letter of Allotment is subject to, and the lease will be made under the provisions of the Land Act (No. 6 of 2Ol2) and certificate of title will be issued under the Land Registration Act (No.3 of 2012) SPECIAL CONDITIONS: (See attached) I should be glad to receive your acceptance of the attached conditions together with banker's cheque for the amount as set out above within 90 days of the postmark: If acceptance and payment respectfully are not received within the said 90 days from the date hereof the offer herein contained will be considered to have lapsed. At the time you commence building you should exercise the greatest care to ensure that any building or other works are contained within the boundaries of the parcel for should you overstep the aforesaid boundaries the cost of removal and reconstruction must be borne by you. The issue of the Government lease will be undertaken upon survey and proof of payment. Your full name(s) ID, PIN, ADDRESS (Postal and Physical) AND CERTIFICATE oF INCORPORATION (wlrere applicable) in BLocK LETTERS, should be given for the purpose of the Certificate which will be submitted to you later. The attached special conditions form part of the offer which must be accepted in writing. Yours fairhfully, Authority: For: National Land Commission Dated the 2lst November,2017 MUHAMAD SWAZURI, C hair p ers on, N at ional l-and C ornmi s s ion. I I I F LEGAL NorrcE No. 282 THE LAND ACT (No.6 of 2012) IN EXERCISE of the powers conferred under section 9(5) of the Land Act, the National Land Commission makes the following rules THE LAND (CONVERSTON OF LAND) RULES,2017 PART I-PRELIMINARY l. These Regulations may be cited as the Land (Conversion of Land) Rules,20l7. 2.In these Rules unless the context states otherwise requires "base map" means a topographical map depicting the natural and man-made features of the land; 3. (l) The national or county government may, on its own motion or upon a request, identify the land and notify the Commission, in Form Citation. Intcrpretauon. Idcntifrcation of lmd to be convertcd. 2662 Kenya Subsidiary I'e gislation, 20 I 7 LA I set out in the Schedule, of its intention to convert the land from one category to another pursuant to section 9 of the Act. (2) The notification in paragraph (l) shall be accompanied with a base map showing the location of the land. 4. (l) Upon receipt of the notification under regulation 3 to convert public land to private land, the Commission consider the notification and shall satisfy itself that (a) the land is, at the time of the intended conversion, public land; (b) the purposes for which it is intended to be used are compatible with land use planning for the respective area; (c) the land is not part of an ecologically sensitive area; (d) the conversion complies with any other provisions of the Act or any other law; and (e) the land is not controlled land as defined in section l2A (l) of the Act. (2) Where the Commission is satisfied that the land meets the criteria set out paragraph ( I ), the Commission shall (a) in the case of a substantial transaction refer the matter to the National Assembly or County Assembly for approval as the case may be as required by section 9(3) of the Act ; and (b) in all other cases, invite public consultations in accordance with regulation 5. (3) Upon receipt of approval from the National Assembly or County Assimbly, the Commission shall allocate the land and enter the particulars in the register. 5. (l) Where a conversion does not amount to substantial transactions, the Commission shall, upon satisfying itself of the viability of the conversion, invite comments on or objections on the intended conversion of public land into private land by (a) placing a notice in Form LA 2 set out in the Schedule, in at ieast two daily newspapers of nation-wide circulation and one newspaper of county-wide circulation; (b) affixing a notice at the County and Sub-County headquarters, wards and other strategic places within the vicinity of the land; (c) announcing of the notice in both official and local languages in a radio with nationwide coverage; and (d) announcing in public barazas and places of worship' (2) The notice referred to in paragraph (l) shall (a) contain a description of the land in issue; (b) provide the nature of conversion including particulars of the person or persons to whom the land is intended to be converted; Conversion of public land to private Iand. Public consulEuon. I I I i I I l I I I I Kenya Subsidiary Le gislation, 20 I 7 2663 (c) specify the date, venue and time of the public consultations; and (d) allow for representations to be received within fifteen days. (3) The Commission shall receive verbal and written representations. (4) Upon receipt of the representations from the public on the intended conversion, the Commission shalF (a) analyze the representations and ascertain the general opinion of the public; (b) consider all other matters required under this Act or any other law; and (c) determine, based on the considerations received. whether the conversion ought to be approved. (5) If the Commission approves intended conversion of the land it shall allocate the land and enter the particulars in the register. 6. The Commission shall require the national or county government to plan, survey, geo-reference and service the land before commencement of the conversion. 7. (l) Where public land is to be converted to community land the national or county government shall present an application to the Commission in Form LA 3 set out in the Schedule requesting for conversion of land from public land to community land. (2) Upon receipt of the application under paragraph (l), the Commission consider the application and shall satisfy itself that (a) the land is public land; and (b) the land shall be used for the benefit of the community as provided under Article 63 of the Constitution. (3) The Commission shall, upon satisfying itself of the viability of the conversion, invite comments or objections on the intended conversion of public land to community land by placing a thirty days' notice in (a) placing a notice in Form LA 2 set our in the Schedule, in at least two daily newspapers of nation-wide circulation and one newspaper of local circulation; (b) affixing a notice at the County and Sub-County headquarters, wards and other strategic places within the vicinity of the land; (c) announcing of the notice in both official and local languages in a radio with nationwide coverage; and (d) announcing in public barazas and places of worship. (4) In cases where there are objections from the stakeholders and the Commission is satisfied that the objections are reasonable, the Plmning and suneyrng of the land intended to be converted. Convemion of public lmd to communrty lmd I I I I > I I F 2664 Kenya S ubsidiary Le gislation, 20 I 7 Commission shall notify the national or county government as the case may be. (5) In cases where there are no objections, the Commission shall publish a notice in the Kenya Gazette of the conversion of the public land to community land. (6) The Commission shall advise the land registrar to enter the conversion in the community land register. FORM LA. 1 (r. 3(l)) REPUBLIC OF KENYA NATIONAL LAND COMMISSION NOTIFICATION FOR CONVERSION OF PUBLIC LAND TO PRIVATE LAND To The National Land Commission l. Details of Applicant (a) Full Name of the applicant (i) National Government (State Agency)...... (ii) Name of the County Government (b) Postal Address (c) Physical Address (d) Pin No. ........... 2. Description of Parcel applied for (a) County (b) City/Municipalify/Town ............ (c) Locality (d) Parcel No. ... (e) Current user as per approved land use plan ... (11 Purpose for which the land is being Converted 3. Conversion involving substantial transaction(s) (a) Nature of Transaction ............ .. (b) Evidence of approval I hereby declare that the information provided in this application is true to the best of my knowledge. Date...... ........ Signature...... i i I ( I i I i I I I I I I I I 1 Kenya Subsidiary lz gislation, 20 I 7 2665 I I I I I I FOR OFFICIAL USE ONLY Recommended/Not recommended Chairman, National Land Commission. Date FORM LA.2 (r.5(lXa)) REPUBLIC OF KENYA NATIONAL LAND COMMISSION NOTICE OF INTENTION TO ALLOCATE PUBLIC LAND The National Land Commission hereby gives notice of intention to allocate the parcel(s) of land described in the schedule hereunder subject to terms availablJ at the commission's office in Nairobi and at the commission's office in.............. .County. The mode of allocation shall be by way of ...........as prescribed under section l2(l) of the Land Act,20l2. Parcel No: Area (Hectares) User Fees payable Chairman, National Land Commission. NOTE: Review form to reflect requirements of regulation 5(2) FORM LA.3 (r. 7( I )) REPUBLIC OFKENYA NATIONAL LAND COMMISSION APPLICATION FOR CONVERSION OF PUBLIC LAND TO COMMUNITY LAND To The National Land Commission National Government / Name of the County Government (a) Postal Address 2666 Kenya S ubsidiary I'e gislation, 20 I 7 (b) Physical Address Description of Parcel aPPlied for (a) County.. (b) City/Municipality/Town............ (c) Locality. (d) Parcel No............ (e) Current user as per approved land use plan .....""' (f) Purpose for which the land is being Converted (Where only a part of a parcel of land is to be converted, a map indicating the said area should be attached) Date .......... Signature..... Dated the 2lst November,2OlT MUHAMAD SWAZURI, Chai rp er son, N at ional Land C ommi s s ion. LEGAL NOTICE NO.283 THE LAND ACT (No.6 of 2012) IN EXERCISE of the powers conferred under section I ll(2) of the Land Act, the National Land Commission makes the following rules THE LAND (ASSESSMENT OF JUST COMPENSATION) RULES,2017 l. These Regulations may be cited as the Land (Assessment of citation Just Compensation) Rules, 20 I 7. 2.In these Rules unless the context states otherwise requires "market value" means the value of the land at the date of publication in the Gazette of the notice of intention to acquire the land. 3. The Commission shall consider the following factors when assessing compensation lnterFetatlon . Factos to considered in asscssrcnt compensation. bc th€ of (a) (b) the market value of the land; damage sustained or likely to be sustained by persons interested at the time of the Commission's taking possession of the land by reason of severing the land from his or her other land; (c) damage sustained or likely to be sustained by persons interested at the time of the Commission's taking possession