|CHAPTER 1 - CONSTITUTION OF KENYA (REPEALED) CODE | HOME|
|115. Trust land to vest in county councils.|
|Interpretation of Chapter.||Registration of individual titles to Trust land.|
|Trust land to vest in county councils.||
115. (1) All Trust land shall vest in the county council within whose area of jurisdiction it is situated:
Provided that there shall not vest in any county council by virtue of this subsection -
(i) any body of water that immediately before 12th December, 1964 was vested in any person or authority in right of the Government of Kenya; or
(ii) any mineral oils.
(2) Each county council shall hold the Trust land vested in it for the benefit of the persons ordinarily resident on that land and shall give effect to such rights, interests or other benefits in respect of the land as may, under the African customary law for the time being in force and applicable thereto, be vested in any tribe, group, family or individual:
Provided that no right, interest or other benefit under African customary law shall have effect for the purposes of this subsection so far as it is repugnant to any written law.
(3) Notwithstanding subsection (2), provision may be made by or under an Act of Parliament enabling a person to be granted a right or interest to prospect for minerals or mineral oils on any area of Trust land, or to extract minerals or mineral oils from any such area, and the county council in which the land is vested shall give effect to that right or interest accordingly:
Provided that the total period during which minerals or mineral oils may be prospected for on, or extracted from, any particular area of land by virtue of any grant or grants while the land is not set apart shall not exceed two years.
(4) Subject to this Chapter, provision may be made by or under an Act of Parliament with respect to the administration of Trust land by a county council.