LEGAL NOTICE NO. 150 BY CS KARONEY ON ADJUDICATION OF COMMUNITY LAND IN ISIOLO IS ILLEGAL

Land in Isiolo County has historically been trust land and has been utilised communally by the people of Isiolo County. The Constitution of Kenya 2010, specifically Chapter 5, renamed such land as community land which is now governed by the Land Act 2012 and Community Land 2016 as enabling legislation. Pursuant to Article 63 of the Constitution and Section 6 of the Community Land Act, unregistered/unadjudicated community land became vested in County Governments to hold in trust for communities.

This is the prevailing situation in Isiolo where most community land remains unadjudicated and have been utilised by the communities inter-generationally for communal purposes such as cattle grazing. Such use is beneficial to the
communities because that way, the land gets to be used beneficially by all members of the community. The Cabinet Secretary for Lands issued Land Adjudication (Application) Order 2019) gazetted as Legal Notice 150 of 27 August 2019 which purported to open up community land in Isiolo for adjudication.

In the Legal Notice No.150, the Cabinet Secretary in charge of Ministry Lands and Physical Planning, pursuant to powers vested upon her by Section 3 (1) of the Land Adjudication Act (Cap 284) has gazetted an order affecting Community Land in Isiolo County except gazetted areas of Resort City, Isiolo Township, Kenya Defence Forces School of Infantry and Combat Engineering, National Reserves and Isiolo Holding Grounds. Consequently, surveyors from the Survey Department have already commenced survey of land in Isiolo County. The implications of this Legal Notice are multiple, and adversely affect the interests of the people of Isiolo County.

OUR IRREDUCIBLE MINIMUM

a) Legal Notice 150 of 27 August 2019 and Land Adjudication (Application) Order 2019) be immediately revoked.

b) The ongoing survey and demarcation of land in Isiolo County should immediately be halted until all outstanding issues on LAND are satisfactorily resolved.

c) In relation to land in towns and trading centres, adjudication should be undertaken in accordance with the County Government’s Development Plan and the Physical 
Planning Act 2019.

d) In relation to all community land in Isiolo County, an orderly process should be adopted where communities, residents and other stakeholders are adequately consulted through a robust and inclusive public participation process, and their approval sought and received; areas strictly needed for settlement identified, including beneficiaries; proper mapping undertaken; and mapped areas marked for adjudication. The County Government should make public the inventory of registration of community Land (Form CLA6)

e) Areas utilised for communal purposes identified, protected, registered and managed in accordance with the Community Land Act 2016.

f) Prompt and adequate compensation should be paid to communities and persons whose 
land is earmarked for the LAPSSET Corridor and Isiolo Resort City before these projects can proceed.

g) The Isiolo Holding Grounds should immediately be released to Isiolo County Government to hold in trust for communities as community land.

h) The ongoing court process aimed at determining the legal ownership of the land in Burat, Ngaremara and Gambella whose ownership is disputed by KDF and communities in Isiolo should be respected.

g) Cabinet Secretary Karoney should be summoned by the either National Assembly Departmental Committee on Lands or Senate Committe on Lands to explain on what informed her decision to issue Legal Notice No. -150 on Land Adjudication Act