Public Land

Public land is:

· Land lawfully held, used or occupied by any State organ, apart from any land that is occupied by the State organ as a resident.

· Land that is transferred to the State by way of sale, decline or surrendering.

· Land in respect of which no individual or community ownership can be recognized by any legal process.

· Land in respect of which no descendant can be recognized by any legal process.

· Land of all minerals and mineral oils are defined by the law.

· Land in which all roads and thoroughfares mentioned by an Act of Parliament.

· Land in which all rivers, lakes and other water bodies are defined by an Act of Parliament.

· Land where the territorial sea, the exclusive economic zone and the sea bed is located.

· The continental shelf.

· All land between the high and low water marks.

· Any land not classified as private of community land under this constitution and any other land declared to be public land by an Act of Parliament in force at the effective date or performed after the effective date.

· Public Land will vest in and be held by a country government in trust for the people, residents in the country and will be administered on their behalf by the National Land Commission if it is classified, under clause and clause other than land held, used or occupied by a national state organ.

· Public land is classified under the clause that will vest in and be held by the national government in trust for the people of Kenya and will be administered on their behalf by the National Land Commission.

· Public land will not be disposed of or otherwise used except in terms of an Act of Parliament stating the nature and terms of that clearance or use.