• Section 9 of the Land Act, 2012 provides for the conversion of land from one category to another.

1. PUBLIC LAND

Conversion of Public Land to Private Land

• Public land may be converted to private land by alienation.
• It is important to note that any substantial transaction involving the conversion of public land to private land shall require approval by the National Assembly or County Assembly as the case may be.

Conversion of Public Land to Community Land

• Public land may be converted to community land subject to public needs or in the interest of defence, public safety, public order, public morality, public health, or land use planning.
• Public land may be converted to community land by allocation by the National Land Commission in accordance with the Land Act, 2012.
• Any substantial transaction involving the conversion of public land to private land shall require approval by the National Assembly or county assembly as the case may be.

2. PRIVATE LAND

Conversion of Private Land to Public Land

• Private land may be converted to public land by

1. Compulsory acquisition.
2. Reversion of leasehold interest to Government after the expiry of a lease. 
3. Transfers.
4. Surrender. 

Conversion of Private Land to Community Land

• Private land may be converted to community land by-

1. Transfer.
2. Surrender.
3. Operation of the law in relation to illegally acquired community land. 
4. Operation of any other written law. 
5. COMMUNITY LAND

Conversion of Community Land to either Private Land or Public Land

• Community land may be converted to either private or public land in accordance with the Community Land Act, 2016.

Conversion of Community Land to Public Land

• Community land may be converted to public land by-

1. Compulsory acquisition; 
2. Transfer; 
3. Surrender. 

• It is important to note that the reversionary interest of such land shall lie with the community in the first instance upon expiry of such public use interest. 

Conversion of Community Land to Private Land

• Registered community land may subject to the approval of the registered community, be converted to private land through-

1. Transfer; or 
2. Allocation by the registered community, subject to ratification of the assembly.

REFERENCES

Land Act, 2012

Community Land Act 2016

Contributors

Robert Muoka – Advocate of the High Court of Kenya

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