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Public, community and private land: what is the difference?

Constitution of Kenya · sources read 2 Oct 2026

All land in Kenya is classified as public, community or private. Private land is land a person holds on freehold or leasehold; community land is held by communities, such as group land, community forests, grazing areas and ancestral land; public land includes unalienated government land, forests, roads, rivers, lakes and any land that is not private or community land.

Where
National Land Commission (public land); county government (unregistered community land); Environment and Land Court (disputes)
Go to the official site

Steps

  1. Public land is managed by the National Land Commission on behalf of the national and county governments; raise questions or complaints about public land with the Commission.
  2. Unregistered community land is held in trust by the county government for the community.
  3. Disputes over the use, occupation of and title to land go to the Environment and Land Court.

Watch out

  • Public land can only be given out or used as an Act of Parliament allows.
  • Community land can only be given out or used under a law setting out members' rights.
  • Land that is not classified as private or community land is public land.

Who this covers

  • All land in Kenya: it belongs to the people collectively as a nation, as communities and as individuals.
Official sources (1)
  1. Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026

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