|CHAPTER 1 - CONSTITUTION OF KENYA (REPEALED) CODE | HOME|
|118. Setting apart of Trust land for purposes of Government, etc.|
|Setting apart of Trust land by County councils.||Land no longer required for purposes of Government, etc.|
|Setting apart of Trust land for purposes of Government, etc.||
118. (1) Where the President is satisfied that the use and occupation of an area of Trust land is required for any of the purposes specified in subsection (2), he may, after consultation with the county council in which the land is vested, give written notice to that county council that the land is required to be set apart for use and occupation for those purposes; and the land shall then be set apart accordingly and there shall be vested in the Government of Kenya or in such other person or authority referred to in subsection (2) as may be specified in the written notice, such estates, interests or rights in or over that land or any part of it as may be specified in the written notice.
(2) The purposes for which Trust land may be set apart under this section are -
(a) the purposes of the Government of Kenya;
(b) the purposes of a body corporate established for public purposes by an Act of Parliament;
(c) the purposes of a company registered under the law relating to companies in which shares are held by or on behalf of the Government of Kenya;
(d) the purpose of the prospecting for or the extraction of minerals or mineral oils.
(3) This section shall apply to land that has already been set apart in pursuance of section 117 as it applies to other land, and in that case a setting apart under this section shall extinguish any estate, interest or right in or over the land or any part thereof that may be vested in any person or authority in consequence of the setting apart under that section, but section 75 shall apply in relation to the setting apart under this section as if it were a compulsory acquisition by the Government of Kenya under an Act of Parliament of the estate, interest or right so extinguished.
(4) Where land is set apart under this section -
(a) any rights, interests or other benefits in respect of that land that were previously vested in any tribe, group, family or individual under African customary law shall be extinguished; and
(b) the Government of Kenya shall make prompt payment of full compensation for the setting apart to such persons as under section 117 (4) are entitled to compensation when land is set apart in pursuance of that section.
(5) Subject to this section, Parliament may prescribe the manner in which and the conditions subject to which a setting apart under this section shall be effected.