Community land: who owns it, who decides, and can it be sold?
Constitution of Kenya; Community Land Act · sources read 4 Oct 2026
Community land belongs to the community and can only be sold, given away or used as the law allows. A decision to sell or otherwise give away registered community land binds the community only if at least two thirds of its registered adult members support it, and every member, including women and young people, has an equal right to benefit.
- Where
- Community Land Registrar (Ministry of Lands) to register; community by-laws, mediation or arbitration for disputes; then the Environment and Land Court
Steps
- Register the community: members elect a community land management committee of 7 to 15 people, which compiles the register of members.
- For a dispute between members or between communities, start with the dispute process in your community by-laws.
- The sides can agree to take the dispute to mediation (or to arbitration).
- If all those efforts fail, either side can take the matter to court.
Watch out
- Turning registered community land into another category of land (for example private land) needs approval from two thirds of the assembly at a special meeting.
- Until community land is registered, the county government holds it in trust, and the county may not sell or transfer it.
- The court for these disputes is the Environment and Land Court, or another court with land jurisdiction.
Who this covers
- Communities identified by ethnicity, culture or a similar community of interest hold community land.
- All adult members of a registered community make up its community assembly.
- Women, men, youth, minorities, persons with disabilities and marginalised groups have the right to equal treatment in all dealings in community land.
Official sources (3)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- Community Land Act, Cap. 287 (Revised Edition 2022) portal.lsb.go.ke · read 4 Oct 2026
- Community Land Act (No. 27 of 2016) new.kenyalaw.org · read 2 Oct 2026