b) Communal Land Protection

Section 32 of the LSA provides that land situate in West Pokot, Turkana, Marsabit, Mandera, Wajir, Garissa, Tana River, Narok, Samburu, Isiolo, Lamu and Kajiado shall not be divided subject to the law of succession Act.

This section in the LSA was included so as to protect communal land rights of communities situated in these areas from any form of privatization including through succession claims by individuals. By including community land recognized under Article 63 of the Constitution of Kenya into the law on succession, the Bill is taking proactive steps towards eliminating historical injustices and disputes that arise due to private ownership of what initially was community land.

However, we believe that further steps such as registration of community land at the Lands Registry should be undertaken to ensure better protection of community land as provided for under Land Registration Act 2012.