Verbatim text
(a) land which at the effective date was unalienated government
land as defined by an Act of Parliament in force at the
effective date;
(b) land lawfully held, used or occupied by any State organ,
except any such land that is occupied by the State organ as
lessee under a private lease;
(c) land transferred to the State by way of sale, reversion or
surrender;
(d) land in respect of which no individual or community ownership
can be established by any legal process;
(e) land in respect of which no heir can be identified by any legal
process;
(f) all minerals and mineral oils as defined by law;
(g) government forests other than forests to which Article 63 (2)
(d) (i) applies, government game reserves, water catchment
areas, national parks, government animal sanctuaries, and
specially protected areas;
(h) all roads and thoroughfares provided for by an Act of
Parliament;
(i)all rivers, lakes and other water bodies as defined by an Act
of Parliament;41
(j)the territorial sea, the exclusive economic zone and the sea
bed;
(k) the continental shelf;
(l) all land between the high and low water marks;
(m) any land not classified as private or community land under
this Constitution; and
(n) any other land declared to be public land by an Act of
Parliament—
(i) in force at the effective date; or
(ii) enacted after the effective date.
(2) Public land shall vest in and be held by a county government
in trust for the people resident in the county, and shall be administered
on their behalf by the National Land Commission, if it is classified
under—
(a) clause (1) (a), (c), (d) or (e); and
(b) clause (1) (b), other than land held, used or occupied by a
national State organ.
(3) Public land classified under clause (1) ( f) to (m) shall vest in
and be held by the national government in trust for the people of
Kenya and shall be administered on their behalf by the National Land
Commission.
(4) Public land shall not be disposed of or otherwise used except
in terms of an Act of Parliament specifying the nature and terms of that
disposal or use.
Community land.
What this means
- The index files this text under article 62 of the Constitution of Kenya.
- The passage runs to about 365 words.
The row’s stored title is a body fragment, not a heading (“(1) Public land is—”), so it is not used as the provision’s title here.
The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.
No rights vocabulary from our fixed word list appears in this passage, so no plain-language reading is offered for it.
This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.
How to cite this
Constitution of Kenya, article 62, Portable Lawyer, https://www.portablelawyer.app/provision/a224956f-7acb-4d52-9cd3-a271710793a4 (accessed 25 October 2026).
Canonical URL: https://www.portablelawyer.app/provision/a224956f-7acb-4d52-9cd3-a271710793a4
Accessed 25 October 2026.
Link to the canonical URL above, not to a #section-… fragment on the jurisdiction page — the fragment is a scroll position, this URL is the provision.
Machine-readable versions