How to legally own public land in Kenya

Section 12 of the Land Act provides that The Commission may, on behalf of the National or county governments, allocate public land by way of:

1. Public auction to the highest bidder at prevailing market value subject to and not less than the reserved price;
2. Application confined to a targeted group of persons or groups in order to ameliorate their disadvantaged position;
3. Public notice of tenders as it may prescribe;
4. Public drawing of lots as may be prescribed;
5. Public request for proposals as may be prescribed; or
6. Public exchanges of equal value as may be

The Act goes on to further specifically state that the Commission shall ensure that any public land that has been identified for allocation does not fall within any of the following categories:

1. Public land that is subject to erosion, floods, earth slips or water logging;
2. Public land that falls within forest and wild life reserves, mangroves, and wetlands or fall within the buffer zones of such reserves or within environmentally sensitive areas;
3. Public land that is along watersheds, river and stream catchments, public water reservoirs, lakes, beaches, fish landing areas riparian and the territorial sea as may be prescribed;
4. Public land that has been reserved for security, education, research and other strategic public uses as may be prescribed; and
5. Natural, cultural, and historical features of exceptional national value falling within public lands;
6. Reserved land; or
7. Any other land categorized as such, by the Commission, by an order published in the Gazette.

Source: PASUNE