Public Land (Kenya)

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Public Land is under Article 62 of the Constitution:

Public land consists of:

(a) land which at the effective date was unalienated government
land as defined by an Act of Parliament in force at the
effective date;

(b) land lawfully held, used or occupied by any State organ,
except any such land that is occupied by the State organ as
lessee under a private lease;

(c) land transferred to the State by way of sale, reversion or

(d) land in respect of which no individual or community ownership
can be established by any legal process;

(e) land in respect of which no heir can be identified by any legal

(f) all minerals and mineral oils as defined by law;

(g) government forests other than forests to which Article 63 (2)
(d) (i) applies, government game reserves, water catchment
areas, national parks, government animal sanctuaries, and
specially protected areas;

(h) all roads and thoroughfares provided for by an Act of

(i) all rivers, lakes and other water bodies as defined by an Act
of Parliament;

(j) the territorial sea, the exclusive economic zone and the sea

(k) the continental shelf;

(l) all land between the high and low water marks;

(m) any land not classified as private or community land under
this Constitution; and

(n) any other land declared to be public land by an Act of

(i) in force at the effective date; or
(ii) enacted after the effective date.