FIRST SCHEDULE
PROCEDURE FOR THE ELECTION OF MEMBERS OF COMMUNITY LAND MANAGEMENT COMMITTEE
1.The community assembly will nominate eligible persons to vie for membership into the committee.2.The assembly shall by way of secret ballot, or any other method approved by the Community assembly, elect between 7 and 15 members into the management committee taking into account geographical considerations, cultural diversity, two third gender rule, special interests, youth and persons with disabilities.3.The executive members of the committee shall consist of a chairman, vice-chairman, secretary, treasurer who shall be appointed by members at the first meeting of the committee.SECOND SCHEDULE
GUIDELINES ON PREPARATION OF RULES AND REGULATIONS
1.The name of the community.2.A description and extent of the land which the community has, under recognized customary law, exercised rights of use and occupation.3.The persons who are the members of the community.4.The persons to whom membership is open.5.The particulars of the members of the Committee, term of office, the method and frequency of their election, appointment, suspension and dismissal.6.The authority for and the method of filling vacancies occurring amongst the officers of the Committee.7.Payment of allowances to Committee members and other officers of the Committee.8.The frequency of, quorums for, method of calling and dates of the annual general meetings.9.The custody and investment of the funds and property of the community, and the designation of the persons responsible.10.The purposes for which the funds and property of the Community may be used.11.The maintenance and inspection of books of account, the register of members and the record of interests, by any member or officer of the community.12.The periodic audit of accounts.13.The manner of making and amending the name, constitution or rules of the community.14.The manner of the dissolution of the community and the disposal of its property on dissolution.15.The mechanisms for dispute resolution.THIRD SCHEDULE
MODEL RULES AND REGULATIONS
1.NAME OF THE COMMUNITYThe community shall be called ______________________________ hereinafter referred to in these rules and regulations as "The community".2.PHYSICAL AND POSTAL ADDRESSThe registered office of the community shall be at ______________________ and the postal address shall be ______________________Notice of any change of address shall be given to the community land Registrar hereinafter referred to as 'the Registrar' and to all members of the community through their last known address as per records held at the community within 30 days of such change.3.DEFINITIONS AND INTERPRETATIONS3.1In these rules and regulations, unless the context otherwise suggests words or phrases shall be defined and interpreted in accordance with the Community Land Act (Cap. 287), the regulations made there under hereinafter referred to as the "Act" and "Regulations" respectively.3.2In these rules and regulations save as otherwise expressly stated:(i)"Community Assembly" shall mean a meeting (either "annual" or "special") for all members duly convened by the community to conduct its business.(ii)"Management Committee" shall mean the members elected in a duly convened General Meeting to govern the Business of the community as per these rules and regulations herein referred to as the 'Committee.'(iii)"Agricultural produce" means any produce or article produced or obtained by the work or industry of members of a community or marketed by a community, whether the produce be of agriculture, animal husbandry, forestry, fisheries, handicrafts or otherwise.(iv)"Member" shall include a person who signs the application for registration of a community and a person admitted to membership after registration in accordance with these rules and regulations.(v)"Limited liability" shall mean limited by shares.(vi)"Bonus" shall mean the member's share of the surplus of the community which is divided amongst its members, calculated by reference to the proportion which the member's volume of business with the community bears to the total volume of the business done by the community.(vii)"Capital" shall mean the permanent members equity in the form of common stock and includes all disclosed reserves, retained earnings, grants or donations.(viii)"Returning officer" shall mean a person appointed to oversee or conduct the elections of a community at a general meeting.(ix)"Special resolution" means a resolution passed by two-thirds of the members present and voting at a general meeting of the community.(x)"Applicable Law" shall mean the Community Land Act (Cap. 287) Rules and Regulations made under the Act and these rules and regulations.3.3In these rules and regulations where the masculine gender is referred to, it shall be construed to include the feminine gender.3.4Any questions concerning interpretation(s) of these rules and regulations or any matter not provided for therein, errors and omissions shall be referred to the Commissioner.4.MEMBERSHIPMembership of the community shall consist of:—(a)Members whose names are in the register of members of the community upon registration; or(b)New members born and married in the community; or(c)a members who has inherited an interest from a person whose name is in the register of members; or(d)(i) the community land management committee members all agree; and(ii)the community land management committee member's decision is confirmed at a community assembly; or5.RIGHTS OF MEMBERSA member of the community shall have the right to:5.1The rights of membership shall extend to all members regardless of how membership was obtained.5.2Every member shall be deemed to share in the ownership of the community land in undivided shares.5.3Every member shall be entitled to reside free of charge on the community land together with his family and dependants.5.4Every member shall be entitled to permit any other person to reside with him on the community land unless a majority of the community land management committee decide otherwise in any particular case.5.5Every member shall be entitled to the use of the land and water rights in the community subject to such conditions as may from time to time be imposed in accordance with these rules and regulations, which may include the levy of a cess, fees or other charges.5.6Every member shall be entitled to attend, to speak and to be heard, and to vote at all community assemblies of the community.5.7No disposition of any of the community land, or any interest therein, may be made except with the approval of two thirds adult members in a community assembly.5.8With the approval of two thirds adult members in a community assembly, the community land, or any interest therein, may be charged as security for any loan raised for the purpose of developing the area, but for no other purpose.6.OBLIGATIONS OF MEMBERSA member of the community shall have the obligation to:(a)Observe and comply with all the community's rules and regulations and decisions taken by the community land management committee if ratified by the community assembly;(b)Meet the debts of the community in accordance with the provisions of the Act and these rules and by—laws.(c)Every member shall pay any cess, fees or other charges levied against him under these rules and regulations and shall contribute such labour as may be reasonably required.(d)Every member shall accept and comply with the decisions of the committee regarding membership of the community and the rights and obligations of any person in matters relating to the use of the community land and other assets.(e)The obligations of membership shall extend to all members regardless of how membership was obtained.7.CESSATION OF MEMBERSHIPMembership in the community shall cease or deemed to have ceased in regard to any member from the date of;(b)remarriage of a woman after divorce with a member of the community.(c)remarriage of a woman whose spouse and member of the community dies.8.POWER TO BORROW(a)Loans may be obtained from non-members subject to the maximum amount and terms approved by the General meeting.(b)For the securing of any loans accepted by the community under paragraph (a) above, the community may grant a charge over its assets. The authority to grant a charge shall be reserved to the general Meeting.(c)The rate of interest on loans shall not exceed the current market rate.9.RECORD OF BUSINESSAll business discussed or decided at the community assembly shall be recorded without erasures and corrections in a Minute Book, which within one week of the meeting, shall be signed by the Chairman of the meeting and at least one other committee member who was present at the meeting, to indicate that in their opinion the minutes are a true and complete record of all matters discussed or decided at the meeting.At the next meeting after approving any alterations or variations which shall be written immediately below the above signatures and not as alterations to the original record, the meeting shall by resolution authorize the chairman to sign and date the final record.10.NOTICE OF MEETINGS(a)The general meeting shall be convened by giving at least 15 days written notice to the members.(b)The Secretary shall take all usual steps to publish the notice of the meeting in public places, on the community's notice board(s), in local newspapers or news-sheets, including the media or any other mode decided by the members.(c)All notices shall include a statement of the business to be dealt with.11.QUORUMThe quorum for a community assembly of the community shall be not less than two thirds of the total number of the adult members of the community.12.ELECTIONS12.1(a) The community shall in each year hold a community assembly as its annual community assembly in addition to any other meetings in that year, and shall specify the meeting as such in the notices calling it.(b)Not more than fifteen months shall elapse between the date of one community general assembly of the community and the next.(c)Notice of the dates on which any community assembly of the community is to be held shall be given to all members not less than two weeks in advance.(d)The chairman of the committee, (or in his absence, the vice-chairman) shall preside at any community assembly of the community subsequent to the meeting held in accordance with the Act, at which these rules and regulations was adopted.(e)The person presiding at a meeting may, whether or not a quorum is present, adjourn the meeting from time to time, and from place to place:Provided that, if a meeting at which a quorum is not present is adjourned, notice of the adjourned meeting shall be given in the same way as notice of the original meeting.(f)The accidental omission to give notice of a meeting to, or the non-receipt of a notice by, any person entitled to receive notice shall not invalidate the proceedings at that meeting.(g)At any community assembly a resolution put to the vote of the meeting shall be decided on a show of hands unless not less than sixty per cent of the members present agree to a demand for a ballot.(h)Unless a ballot be demanded, a declaration by the chairman of the meeting that a resolution has on a show of hands been carried, or lost, and an entry to that effect in the book containing the minutes of the proceedings shall be conclusive evidence of the fact.(i)In the case of an equality of votes, whether on a show of hands or on a ballot, the chairman of the meeting shall be entitled to a second or casting vote.(j)No member shall be entitled to vote at any community assembly otherwise than in person unless he is recorded in the register of members as being under disability. A proxy for a member under a disability need not be a member of the community.(k)Except with the approval of the registrar, nominations for office under the rules and regulations of the community shall be of members only, and may be made and seconded by members only, and no member may nominate or second a nomination of himself.(l)The committee of the community shall consist of a chairman, vice-chairman, secretary, treasurer, and three other members, of whom not less than two shall be elected from amongst the community land management committee.(m)All the members of the committee shall be elected by open ballot at the community's annual community assembly, or at any subsequent annual community assembly convened for that purpose, and shall hold office until the next annual community assembly.(n)At the end of his period of office any member of the committee shall be eligible for re-election.12.2Within fourteen (14) days of the elections, the Secretary shall forward to the community land registrar, the names and addresses of all persons elected.12.3A new committee elected at the community assembly shall not assume office unless the members have satisfied the requirements of the Act, Regulations and these rules and regulations.13.THE COMMUNITY LAND MANAGEMENT COMMITTEE13.1The community land management committee elected at the community assembly held in accordance with the Act at which these rules and regulations was adopted shall be the first community land management committee members of the community.13.2The Community Land Management Committee shall be the governing body of the community elected from the community members and shall consist of not less than seven and not more than fifteen members. It shall include the Chairman, Vice chairman, Treasurer and Secretary all of whom shall be elected by the community assembly.13.3Members of the committee shall hold office for a period of three years provided that, one-third of the committee members shall retire every year but will be eligible for re-election.13.4Any vacancy arising in the membership of the committee whether by reason of the suspension of a member or otherwise may be filled by a nominee appointed by the committee until such time as the office is filled by election at a community assembly.13.5Where two or more temporary appointments have been made the committee shall convene a community assembly of the community for the filling of those posts by election unless the annual community assembly is due to be held within three months.13.6The committee shall meet not less frequently than once every three months.13.7The committee shall have power to co-opt suitable persons for such periods as they think fit but such persons shall not have the right to vote.14.COMMUNITY LAND MANAGEMENT COMMITTEE MEETINGSThe community land management committee shall meet whenever required and not less than once in every six months. Unless otherwise required by the Act or these rules the community land management committee may establish their own procedure provided that no business shall be transacted at any meeting unless five community land management committee members are present in person.15.DUTIES AND POWERS OF THE MANAGEMENT COMMITTEEThe community land management Committee shall subject to any directions from the General assembly generally direct the affairs of the community. Its procedures, powers and duties shall be as prescribed by the Act, Regulations and these rules and regulations. In particular, it shall:(a)Hold the land and other assets of the community on behalf and for the collective benefit of all members of the community;(b)Inform the members of the community of the activities carried on in the preceding period at each community assembly;(c)Ensure that the rights of any person under recognized customary law are safeguarded in so far as that is compatible with the operations of the community;(d)Observe in all its transactions the Act, the Regulations, these rules and regulations;(e)Ensure that true and accurate records and accounts of the community's money, properties, liabilities, income and expenditure are kept and maintained;(f)Prepare and develop long term management plans and budgets for presentation at the General assembly;(g)Recommend investments of the community;(h)guide and propose disposition and alienation of the community land for authorization of two-thirds members of the general assembly;(i)Designate a depository or depositories for the funds of the community;(j)Employ and fix the remuneration of the employees of the community;(k)Perform or authorize any actions consistent with the Act, the Regulations and these rules and regulations, unless specifically reserved for the General assembly; and(l)Perform such other duties as the General assembly may from time to time direct.16.RESPONSIBILITIES OF THE COMMUNITY LAND MANAGEMENT COMMITTEE16.1The committee shall assist and encourage members to manage the land or graze their stock in accordance with sound principles of land use, range management, animal husbandry and commercial practice.16.2The committee shall be responsible for conducting the affairs of the community with a view to achieving the greatest practicable social and economic benefit for the members.16.3The committee shall be empowered to raise credit and to hold and use moneys for the benefit of members.16.4Every member who has a loan outstanding granted to him through his membership of the community shall inform the committee, through the secretary, of the details of any transaction, including the price paid or received, which affects the stock or assets to which that loan relates.16.5The committee shall be responsible for preparing a plan for the development of the land and for the implementation of that plan. In the preparation of that plan the committee shall consult the appropriate officers of the Ministry of Agriculture and shall thereafter submit it to the registrar and to the community in community assembly for approval.16.6Any substantial change from the approved plan shall first be put to the Ministry of Agriculture for advice and shall thereafter be submitted to the community in a community assembly.16.7In collaboration with the officers of the Ministry of Agriculture the committee may establish a procedure for the marketing of stock and produce owned by members of the community. The committee may, with the consent of the member concerned effect the sale or purchase of stock or other assets on behalf of members.16.8The committee may levy a cess, fees or other charges in respect of the services it performs and for the purposes of the community generally. Except with the consent of the registrar the funds accruing from the imposition of a cess shall not be used for any purpose other than the servicing of loan funds unless the revenue received exceeds five times the annual requirements for the servicing of all loans then outstanding.(a)Every member shall pay any cess, fees or other charges levied against him under these rules and regulations and shall contribute such labour as may be reasonably required.(b)The committee may issue instructions to members and may make rules for the purpose of the working of the operations of the community.(c)The committee shall conform to any instructions received from a majority of the community land management committee in any matters relating to membership.17.EXECUTIVE OFFICERSThe Chairman, the Vice-Chairman, the Treasurer and the Secretary shall be termed as the "Executive Officers of the community land management committee" and shall be elected at a meeting of the community land management Committee held within seven days after elections at the community assembly.18.THE CHAIRMAN18.1The Chairman shall:(a)Preside at community assembly meetings, community land management Committee meetings.(b)Perform such other duties as may be directed to perform by the community land management Committee, not inconsistent with provisions of the Act, the Regulations and these rules and regulations.18.2The chairman shall bear overall responsibility for the conduct of all business by the committee on behalf of the community.19.THE VICE-CHAIRMANThe Vice-Chairman shall perform—(a)The duties of the Chairman during his/her absence.(b)Such other duties as may be directed by the Committee.20.SECRETARYThe secretary shall be responsible:(a)to maintain all records including recording minutes of community land management committee meetings and community assembly.(b)to keep register of members of community.(c)To prepare and send notices of community assembly meetings.(d)To ensure that the community's correspondence is promptly and correctly attended to, and(e)To perform such other duties as may be directed by the committee.21.TREASURERThe duties of the Treasurer shall be—(a)To generally manage or cause to be managed the financial affairs of the community in a competent manner;(b)To ensure that a proper record is kept of all monies received and paid out by the community, its assets, liabilities, and its income and expenses;(c)To ensure the safekeeping of the community money, securities and books of accounts;(d)To ensure that all payments and expenditures are duly authorized;(e)To ensure compliance with all directions of the Committee, the Act, the Regulations and these rules and regulations on all financial matters, and(f)To perform such other duties as may be directed by the committee.22.REMOVAL FROM THE MANAGEMENT COMMITTEEA community land management committee member shall hold office until—(a)he is voted out by a majority of the members in a community assembly;(b)he is convicted of a crime involving fraud or dishonesty;(c)he becomes incapable of performing the functions of his office, whether arising from illness or any other cause; or23.REGULATIONSThe Committee may make such regulations, not inconsistent with these rules and regulations, as they deem necessary for the conduct of the community's business. Any such regulations shall be recorded in the minute book, and posted on the community's notice board and shall come into force when determined by the committee.24.AUTHORIZATION TO SIGN DOCUMENTS24.1All documents, contracts and cheques shall be signed on behalf of the community by any three of the following:Chairman;Vice Chairman;Secretary; andTreasurer.24.2The Committee may authorize any other officer to sign the community's documents.25.COMMON SEAL(a)The community shall adopt and use a common seal bearing the words "seal of ______________________" which shall be different from the ordinary name-stamp of the community.(b)The seal shall be kept securely under lock and key by the chairman and shall be used only in the presence of the officers authorized to sign documents on behalf of the community.26.FINESFor any breach of these rules and regulations or lawful instructions issued by the Committee and community assembly, or failure of a member to pay his obligations on time, the member shall be fined an amount not exceeding Kshs. ________________0027.DISPUTESIf any dispute concerning the business of the community arises:—(a)Among members, past members and persons claiming through members, past members and deceased members; or(b)Between members, past members or deceased members, and the community, its committee or any officer of the community; or(c)Between the community and any other community; and which cannot be determined by the Committee or General Meeting,it shall be referred to the Tribunal. Appeal from the aggrieved party shall be referred to the High Court.28.INSPECTION OF DOCUMENTSAll books of accounts and other records shall at all times be available for inspection to all members of the community.29.DISSOLUTIONUpon a written application to the registrar signed by a majority of the community land management committee pursuant to a resolution passed by a sixty per cent majority of the community present in person or by proxy at a special community assembly convened for that purpose and of which due notice has been given, or upon an order to that effect given under the hand of the registrar, the affairs of the community shall be wound up in such manner as the registrar may approve, or in default of approval in such manner as the High Court may direct, and thereupon the debts and liabilities of the community shall be discharged and the assets of the community remaining thereafter, if any, shall be distributed accordingly and the incorporated community representatives shall stand dissolved.30.MISCELLANEOUS(a)No committee member or Supervisory Committee member shall receive from the community any payment apart from sitting allowance, actual cost of travelling and subsistence allowance while working on the community's business, except an honorarium from the net surplus as allowed in these rules and regulations.(b)The committee members, supervisory committee members and employees of the community shall hold in the strictest confidence all transactions of the community with its members and all information in respect to their personal affairs except to the extent deemed necessary by the committee in connection with the granting of loans and the collection thereof.(c)When any Committee member is disqualified or otherwise, unable to perform his duties, the committee may co-opt another member or members of the community to serve on the committee until the next general meeting.(d)A copy of these rules and regulations shall be furnished to every member on request upon payment of a fee not exceeding its actual cost to the community.(e)No committee member or supervisory committee member shall in any manner participate in the deliberations upon or determination of any question affecting his own financial interest. In the event of disqualification of any committee member he shall withdraw from such deliberation or determination, and the remaining qualified committee members present at the meeting, if constituting a quorum with the disqualified person may exercise, with respect to the matter, all powers of the committee.31.AMENDMENT OF RULES AND REGULATIONSThe provision of these rules and regulations, other than this provision and those which may from time to time be prescribed including the name of the community, may be amended by a resolution passed by a two-thirds majority of the members of the community present in person at a community assembly.32.ACCEPTANCEWe the undersigned Executive officers of ___________________________ Community named herein do hereby accept and receive these rules and regulations for and on behalf of the Community.| TITLE | NAME | I.D NO. | SIGNATURE |
|---|
| CHAIRMAN: _______________________________________ |
| VICE CHAIRMAN _________________________________ |
| SECRETARY ________________________________________ |
| TREASURER ________________________________________ |
| OFFICIAL CERTIFICATION |
| I CERTIFY that the foregoing rules and regulations of the ____________________ Community have been approved and duly registered. |
| Given under my hand at Nairobi this ________ day of __________ 20 ________ |
FOURTH SCHEDULE
PROCEDURE FOR CONDUCTING HEARINGS BY THE AD HOC COMMITTEE
1.The ad hoc committee shall send a notice of hearing to all parties with interest in the dispute.2.The notice of hearing shall indicate the date, time and place of the hearing.3.A party to the dispute may be required to produce a document(s) that the ad hoc committee may deem necessary for effective determination of the dispute.4.The languages to be used during a hearing shall be Kiswahili or English. The ad hoc committee may procure services of an interpreter, where the parties do not communicate in either Kiswahili or English.5.In the hearing of the dispute, the ad hoc committee may admit evidence from any person(s) or entity(ies) it deems necessary for proper determination of the dispute.6.The ad hoc committee shall record and keep proceedings of the hearing in English.7.A decision made by the ad hoc committee shall be in writing and shall be communicated to the parties to the dispute and the Cabinet Secretary within twenty one days from the date of hearing.FIFTH SCHEDULE
FORMS
| REPUBLIC OF KENYA |
| MINISTRY OF LANDS AND PHYSICAL PLANNING |
| |
| Application for Recognition of Interest/Claim on Community Land |
| |
Schedule
| S/No. | Locality | Approx. Area (Ha) | Current Use of the land |
| | | | |
| | | | |
| For Official Use Only:-_______________________________________________________________________ |
| Signed _______________________________________ | |
| Registrar _____________________________________ | |
| __________________________ |
| REPUBLIC OF KENYA |
| MINISTRY OF LANDS AND PHYSICAL PLANNING |
Notification of Change in Composition of community Land Management Committee
To: The Community Land RegistrarWe, the undersigned Community Land Management Committee do hereby give notice that by reason of death/retirement/removal/resignation/ other ___________________ of:(a)________________________________________________________________(b)__________________________________________________________________(c)__________________________________________________________________the community assembly vide a resolution passed on the ___________ day of _____________ 20 _________ elected the following to be a member(s) of the community land management committee in replacement thereof:| Name | Addresses | Occupation | Age | Signature |
| _________________ | ___________ | _________________ | ___________ | ___________ |
| _________________ | ___________ | _________________ | ___________ | ___________ |
| Name | Signature |
| __________________________________________ | _______________________________________ |
| __________________________________________ | _______________________________________ |
| ______________________________ |
| REPUBLIC OF KENYA |
| MINISTRY OF LANDS AND PHYSICAL PLANNING |
Application for Registration of a Community
To: The Community Land RegistrarP.O. Box ____________________________________Nairobi.We the undersigned community land management committee hereby inform you that at a community assembly held at ______________ on the ______________ day of 20 _______ in accordance with section 7 of the Community Land Act (Cap. 287) rules and by-laws were adopted. The draft rules and by-laws of the Community are attached to this application together with a register of the proposed members and a certified true copy of the minutes of the said meeting. We hereby apply under section 7(6) of the Community Land Act (Cap. 287) for registration of the ______________ Community.The following are particulars of the community: —(a)The name of the community ____________________________(b)Description of the area determined in accordance with the Community Land Act(Cap. 287) __________________________(c)Registered office of the community (if any) ____________________(d)Postal address of the community ________________________________________(e)Object and purpose of the community __________________________________(f)Names, addresses, occupations and dates of birth of the community land management committee| Name | Addresses | Occupation | Age | Signature |
| ___________ | ___________ | ___________ | ___________ | ___________ |
| ___________ | ___________ | ___________ | ___________ | ___________ |
| ___________ | ___________ | ___________ | ___________ | ___________ |
__________________________
| REPUBLIC OF KENYA |
| MINISTRY OF LANDS AND PHYSICAL PLANNING |
| Certificate of Registration |
| |
__________________________
| REPUBLIC OF KENYA |
| |
| MINISTRY OF LANDS AND PHYSICAL PLANNING |
| Register of Communities |
| |
| S/NO | Name of community | Reg. No. | Sub- County | LR/NO | Postal address | Membership |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
__________________________
| REPUBLIC OF KENYA |
| MINISTRY OF LANDS AND PHYSICAL PLANNING |
| Inventory Form for Unregistered Community Land |
| S/No. | Name ofcommunity | Locality | Approx.Area (Ha) | Current Useof the land | Remarks |
| | | | | | |
| | | | | | |
__________________________
| REPUBLIC OF KENYA |
| MINISTRY OF LANDS AND PHYSICAL PLANNING |
| Notice Intention to Survey, Demarcate and Register Community Land |
| S/No. | Name ofcommunity | County | Locality | RegistrationUnit | Approx.Area(Ha) | Current Useof the land |
| | | | | | | |
| | | | | | | |
__________________________
| REPUBLIC OF KENYA |
| MINISTRY OF LANDS AND PHYSICAL PLANNING |
Application for Customary Right of Occupancy
To: The _______________ Community Land Management CommitteeI/We, hereby apply for customary right of occupancy on the parcel(s) of land shown in the attached sketch diagrams /maps/plans and described in the schedule hereunder.| S/No. | Locality | Approx. Area (Ha) | Current Use of the land | Intended use of the land |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
__________________________
| | |
| Form CLA 10 | (rr. 13(6), 20(4)) |
| | |
| REPUBLIC OF KENYA |
| MINISTRY OF LANDS AND PHYSICAL PLANNING |
Certificate of Customary Right of Use and Occupancy
HEAD TITLE No __________________________________________Registered Community __________________________________TERM _____________________ FROM _____________________This is to certify that __________________________________ __________________________________Is (are) now registered as the holder of the customary right of use and occupancy of the portion of land marked as _________________ measuring approx _________________ Ha subject to the agreements and other matters contained in the head title and/or other conditions issued by the registered community. The entries in the register relating to this certificate and such other overriding interests set out in the head title may for the time being subsist and affect the land comprised in the certificate.GIVEN under my hand and the seal of the Community Land Registrar _________________ Registration Unit this ________ day of _______________ 20 ________(To be completed only when the applicant has paid Shs. _________________)At the date stated on the front hereof, the following entries appeared in the register relating to the land:-| EDITION | SECTION | PART A -PROPERTY |
| OPENED |
| REGISTRATION UNIT | PARTICULARS OF CERTIFICATE | NATURE OF CERTIFICATE | USER |
| | Name of Registered Community: | TEMPORARY | | |
| PARCELNUMBER |
| REGISTRATION UNIT | Certificate Holder:PHYSICAL ADDRESSPOSTAL ADDRESSID NO. /PASSPORT NO.PIN NO. |
| APPROXIMATE AREA | | | |
| PARCEL NO. | TERM:FROM: | | | |
| CADASTRALMAP SHEET | | | | |
| PART B-PROPRIETORSHIP SECTION |
| ENTRYNo. | DATE | NAME OFCERTIFICATEHOLDER | ADDRESS ANDDESCRIPTION OFCERTIFICATEHOLDER | CONSIDERATIONSANDREMARKS | SIGNATUREOFREGISTRAR |
| RESTRICTED: NO DISPOSITION BY THE CERTIFICATE HOLDER SHALL BE REGISTERED WITHOUT THE WRITTEN CONSENT OF THE REGISTERED COMMUNITY |
| | | | | | |
| | | | | | |
| | | | | | |
__________________________
| REPUBLIC OF KENYA |
| MINISTRY OF LANDS AND PHYSICAL PLANNING |
Dispute Registration Form
1.Details of applicant (complainant) ______________________________________________(a)Full name of applicant _______________ ID (where applicable) _____________(b)Postal Address _______________________________________________(c)Telephone number __________________________________________2.Details of defendant(a)Full name of defendant _________ ID (where applicable) __________(b)Postal Address __________________________________________________(c)Telephone number __________________________________________3.Nature of dispute __________________________________________________________4.Description of the disputed landa) Number of community land __________________________________________b) Community land registration unit .__________________________________c) County __________________________________________________I, hereby declare that the information provided in this application is true to the best of my knowledge.Date ________________________ Signature __________________________________________________
| REPUBLIC OF KENYA |
| MINISTRY OF LANDS AND PHYSICAL PLANNING |
Disputes Register
| S/No | Dispute No. | Name of complainant | ID No. | Name of defendant | Nature ofdispute | Remarks |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
SIXTH SCHEDULE
FEES
| PARTICULARS OF SERVICE | FEES (Kshs) |
|---|
| Application for recognition of interest/claim on community land in Form CLA 1. | 5,000 |
| Notification of change in composition of the Community Land Management Committee in form CLA 2. | 2,000 |
| Application for registration of a community in Form CLA 3 under section 7 of the Act. | 5,000 |
| Updating the register of community members under section 7 of the Act. | 1,000 |
| Application for recognition and adjudication of claims on community land in form CLA 8 under section 8 of the Act | 2,500 |
| Application for Customary Right of Occupancy in Form CLA 9 under section 14 of the Act. | 2,500 |
| Application to lodge a dispute in Form CLA 12. | 2,500 |
