Article 63. Community Land

(1) Community land shall vest in and be held by communities identified on the basis of ethnicity, culture or similar community of interest.

(2) Community land consists of–

• (a) land lawfully registered in the name of group representatives under the provisions of any law;
• (b) land lawfully transferred to a specific community by any process of law;
• (c) any other land declared to be community land by an Act of Parliament; and
• (d) land that is–
  • (i) lawfully held, managed or used by specific communities as community forests, grazing areas or shrines;
  • (ii) ancestral lands and lands traditionally occupied by hunter-gatherer communities; or
  • (iii) lawfully held as trust land by the county governments, but not including any public land held in trust by the county government under Article 62 (2).

(3) Any unregistered community land shall be held in trust by county governments on behalf of the communities for which it is held.

(4) Community land shall not be disposed of or otherwise used except in terms of legislation specifying the nature and extent of the rights of members of each community individually and collectively.

(5) Parliament shall enact legislation to give effect to this Article.