Land Adjudication in Kenya: Process, Objections and Appeals

Large areas of Kenya, particularly land held under customary tenure, have never had individual rights formally ascertained and recorded. Land adjudication is the statutory process that does this. It is governed by the Land Adjudication Act (Cap. 284), and anyone who has, or competes for, a claim to land inside a declared adjudication section needs to understand its deadlines, because several are short and the process restricts ordinary court proceedings. This guide explains land adjudication in Kenya from the first notice to the final appeal.

What Land Adjudication Does

The Act provides for the ascertainment and recording of rights and interests in land in an adjudication area. In preparing the adjudication record, the recording officer who is satisfied that a person has exercised rights under recognised customary law that should be recognised as ownership determines that person to be the owner, and may determine a group to be the owner where land is held by a group (section 23). The finished adjudication register is then sent to the Chief Land Registrar, who causes registrations to be made in accordance with it (section 28).

Establishing an Adjudication Section

Section 5 empowers the adjudication officer, by notice, to establish adjudication sections within an adjudication area, or to establish the whole area as one section. A separate notice is published for each section. Each notice must define the area, declare that interests in the land will be ascertained and recorded under the Act, and fix the period within which a person claiming an interest must make a claim to the recording officer, in writing, in person or through an authorised agent. It may also require claimants to point out their boundaries to the demarcation officer.

Note the correct decision-maker. Some summaries say the Cabinet Secretary declares the section. The Act places that function with the adjudication officer. The Cabinet Secretary’s role is appellate, as explained below.

The Bodies Involved

• The adjudication officer, who runs the process and determines objections.
• An adjudication committee for each section, made up of not fewer than ten residents appointed by the adjudication officer after consulting the District Commissioner (section 6).
• An arbitration board, formed for a particular question from a panel of six to twenty-five residents of the district appointed by the Provincial Commissioner, with not fewer than five members sitting on a board (section 7).
• Demarcation, survey and recording officers, who demarcate boundaries, prepare the map and record the claims (sections 15 to 19).

Effect on Court Proceedings

Section 30(1) provides that, except with the written consent of the adjudication officer, no person may institute, and no court may entertain, civil proceedings concerning an interest in land in an adjudication section until the adjudication register has become final in all respects under section 29(3). Proceedings begun before the section 5 notice must be discontinued unless the adjudication officer directs otherwise, having regard to how far they have progressed (section 30(2)). A person aggrieved by a refusal of consent may appeal in writing to the Cabinet Secretary within twenty-eight days, and that decision is final (section 30(3)).

The practical effect is that a buyer or family member cannot simply sue over land that is within a section while the process runs. The route is to participate in the adjudication and use its objection and appeal stages.

Completion of the Register and Objections

When the adjudication register is complete, the adjudication officer certifies it, delivers the duplicate to the Director of Land Adjudication, displays the original for inspection within the section, and gives notice that it may be inspected for sixty days (section 25).

Under section 26, any person named in or affected by the register who considers it incorrect or incomplete may object in writing to the adjudication officer within sixty days of the date the notice of completion is published. The adjudication officer considers the objection, makes such further consultation and inquiries as he thinks fit, and determines it.

Section 26A requires the adjudication officer, once the objection period has expired, to prepare a No Objection Register for land that is not subject to an objection and deliver it to the Director of Land Adjudication. The Director certifies that the adjudication of that land is final, so undisputed parcels need not wait for disputes elsewhere in the section.

Appeal to the Cabinet Secretary

A person aggrieved by the determination of an objection may, within sixty days of the determination, appeal to the Cabinet Secretary by delivering a written appeal that specifies the grounds and sending a copy to the Director of Land Adjudication (section 29(1)). The Cabinet Secretary determines the appeal and makes the order he thinks just, and the order is final. Copies go to the Director and the Chief Land Registrar. When the appeals have been determined, the Director alters the duplicate register to conform and certifies that it has become final in all respects (section 29(3)).

Finalising the Register and Registration

The adjudication officer must alter the register to conform with the objection determinations (section 27(1)). If altering the register would cause unreasonable expense, delay or inconvenience, he may instead recommend to the Cabinet Secretary that compensation be paid (section 27(2)). Once all objections are determined and the time for appeal under section 29 has expired, the register goes to the Director of Land Adjudication, who certifies it (section 27(3)).

Under section 28, the Chief Land Registrar then registers in accordance with the adjudication register. Where land is affected by an appeal under section 29, a restriction is registered that lasts until the appeal is determined, after which the register is altered if necessary.

What Remains After the Statutory Process

Because the Cabinet Secretary’s order under section 29 is expressed to be final, the Act itself offers no further appeal. A dissatisfied party should take advice on whether the decision can be challenged by judicial review, which examines the lawfulness of the process rather than re-hearing who owns the land, or on whether a constitutional petition is available. Deadlines for these remedies are strict and we do not recommend waiting.

Practical Points for Buyers and Families

Before buying land, check whether the parcel is within an adjudication section whose register is not yet final. A purchase of land that is in an unfinished section may leave you unable to register your interest, and any dispute over the purchase may need the adjudication officer’s consent before a court can hear it. For families, adjudication often brings long-standing informal claims to a head, so keep your own copies of every claim, objection and appeal, and diarise the sixty-day periods in sections 26 and 29.

Frequently asked questions

This article is general information on Kenyan law as at its publication date, not legal advice. Reading it does not create an advocate and client relationship.