|CHAPTER 1 - CONSTITUTION OF KENYA (REPEALED) CODE | HOME|
|117. Setting apart of Trust land by County councils.|
|Registration of individual titles to Trust land.||Setting apart of Trust land for purposes of Government, etc.|
|Setting apart of Trust land by County councils.||
117. (1) Subject to this section, an Act of Parliament may empower a county council to set apart an area of Trust land vested in that county council for use and occupation -
(a) by a public body or authority for public purposes; or
(b) for the purpose of the prospecting for or the extraction of minerals or mineral oils; or
(c) by any person or persons for a purpose which in the opinion of that county council is likely to benefit the persons ordinarily resident in that area or any other area of Trust land vested in that county council, either by reason of the use to which the area so set apart is to be put or by reason of the revenue to be derived from rent in respect thereof,
and the Act of Parliament may prescribe the manner in which and the conditions subject to which such setting apart shall be effected.
(2) Where a county council has set apart an area of land in pursuance of this section, any rights, interests or other benefits in respect of that land that were previously vested in a tribe, group, family or individual under African customary law shall be extinguished.
(3) Where a county council has set apart an area of land in pursuance of this section, it may, subject to any law, make grants or dispositions of any estate, interest or right in or over that land or any part of it to any person or authority for whose use and occupation it was set apart.
(4) No setting apart in pursuance of this section shall have effect unless provision is made by the law under which the setting apart takes place for the prompt payment of full compensation to any resident of the land set apart who -
(a) under the African customary law for the time being in force and applicable to the land, has a right to occupy any part of the land; or
(b) is, otherwise than in common with all other residents of the land, in some other way prejudicially affected by the setting apart.
(5) No right, interest or other benefit under African customary law shall have effect for the purposes of subsection (4) so far as it is repugnant to any written law.