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Kenya does not have
a single legal instrument that governs land in the country. But
there are several statutes that handle the issue of land. These
are:
- Government Lands
Act Cap 280
- Land Titles Act
Cap 282
- Registration of
Titles Act Cap 281
- Land (Group Representatives)
Act Cap 287
- Trust Land Act Cap
291
- Registered Land
Act Cap 300
There are over 50 statutes
that directly deal with land and many others that make constant
reference to land. Here below we will take a sample of those that
directly affect the Ogiek.
Government
Lands Act Cap 280
Under this act the
president through the commissioner of lands, allocates any unalienated
land to any person he so wishes. Such a land once allocated is
held as a grant from the government on payment of such rents to
the government as the government wishes. Most of the zones occupied
by the Ogiek is covered by Forest Act (see below) and thus deemed
unalienated land in the sense that it is not occupied.
Registered
Land Act Cap 300
Under this act any
person may acquire absolute ownership to any land once he or she
has been registered as the absolute owner. On registration such
a person acquires freehold interests on the land. Freehold implies
absolute ownership. Such land becomes private land and this is
what has seen the Ogiek lose most of their land through the provisions
of this Act.
Trust
Land Act Cap 285
All land, which is
not registered under any Act of parliament, is vested on local
authorities as Trust Land. Although almost all Kenyan communities
have land assigned to them under the Trust Land Act the Ogiek
have not been allocated any. In these Trust Lands a person may
acquire leasehold interest for a specific number of years. The
local authorities retain the powers to repossess such land for
their own use should the need arise.
Wildlife
(Conservation and Management) Act Cap 376
This Act prohibits
hunting except with a license. This law has seen the Ogiek as
intruders in the Mau Forest rather than joint owners.
Forest
Act Cap 385
This Act gives the
minister wide powers to declare any unalienated land to be a forest
area, to declare the boundaries of the forest and to alter the
boundaries. The minister is also vested with powers to declare
that a forest area cease to be a forest and all he is supposed
to do is give a 28-day notice to the public via Kenyan gazette
notice. The same Act grants the minister powers to issue licences
for the use of forest produce. Under this Act the Ogiek have found
they contravening the law by using forest products, including
honey, without the consent of the minister.
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