Malcolm Rivera
The Constitution of Kenya, which came into effect in 2010, defines the country as consisting of its territory and territorial waters, with the possibility of acquiring additional territory and waters as defined by an Act of Parliament. This definition includes the territorial sea, exclusive economic zone, and seabed. The Kenyan Constitution further classifies these territorial waters as public land, which is to be held in trust for the people of Kenya and administered by the National Land Commission. This classification ensures that the people of Kenya have a stake in the country's natural resources and that these resources are managed for the benefit of all Kenyans.
| Characteristics | Values |
|---|---|
| Territory of Kenya | Land and territorial waters as defined by an Act of Parliament |
| National language | Kiswahili |
| Official languages | Kiswahili and English |
| Land ownership | People of Kenya collectively as a nation, as communities and as individuals |
| Land categories | Public, private and community land |
| Public land ownership | Vests in and is held by the national government in trust for the people of Kenya |
| Public land administration | Administered by the National Land Commission |
| Territorial waters | 12 nautical miles from the Kenyan Coast |
| Territorial waters ownership | Owned by the State |
| Seawater | Constitutes public land |
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What You'll Learn
- The Kenyan Constitution defines public land as including territorial waters
- The Kenyan government has control over territorial waters
- The government must utilise natural resources for the benefit of the people
- The National Land Commission manages public land
- The Kenyan Constitution recognises and protects the right to a clean and healthy environment
The Kenyan Constitution defines public land as including territorial waters
The Kenyan Constitution of 2010 defines public land as including territorial waters. Kenya consists of the territory and territorial waters as defined by an Act of Parliament. The territory of Kenya is divided into counties, with distinct national and county governments that conduct their mutual relations on the basis of consultation and cooperation.
Article 62(1) (i) and (j) of the Constitution defines public land to include all rivers, lakes, and other water bodies as defined by an Act of Parliament, such as the Water Act, as well as the territorial sea, the exclusive economic zone, and the seabed. Article 260 of the Constitution defines land to include any body of water on or under the surface, including marine waters in the territorial sea and exclusive economic zone.
According to Article 62(3) of the Constitution, all rivers, lakes, and other water bodies, as well as the territorial sea, the exclusive economic zone, and the seabed, vest in the national government, which holds them in trust for the people of Kenya. The National Land Commission is responsible for administering these public lands on behalf of the national and county governments.
The Kenyan Constitution also establishes that all land in Kenya belongs to the people of Kenya collectively as a nation, as communities, and as individuals. This includes public, private, and community land. The Constitution further recognises the sanctity of property rights, protecting individual rights to acquire and own property.
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The Kenyan government has control over territorial waters
The Kenyan Constitution of 2010 defines Kenya as consisting of the territory and territorial waters that comprised Kenya at the effective date, as well as any additional territory and territorial waters as defined by an Act of Parliament. This includes the territorial sea, the exclusive economic zone, and the seabed.
Article 62 of the Constitution defines public land to include all rivers, lakes, and other water bodies as defined by an Act of Parliament, such as the Water Act, as well as the territorial sea, the exclusive economic zone, and the seabed. This means that the territorial waters of Kenya are considered public land and are vested in the national government, to be held in trust for the people of Kenya.
Article 61 of the Constitution further categorizes land into three types: public, private, and community land. It establishes that all land in Kenya belongs collectively to the people of Kenya as a nation, as communities, and as individuals. The Constitution also created the National Land Commission to manage public land on behalf of the national and county governments and mandates Parliament to enact laws relating to land management and administration.
The Kenyan government's control over territorial waters is further reinforced by its responsibility to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources, as outlined in Articles 7 and 10 of the Constitution. This includes the management and regulation of seawater, which falls under the mandate of the National Land Commission.
In summary, the Kenyan government has control over territorial waters as they are considered public land under the Constitution. The government, through the National Land Commission, is responsible for managing and regulating these waters for the benefit of the people of Kenya, promoting ecologically sustainable development, and protecting the environment.
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The government must utilise natural resources for the benefit of the people
The Constitution of Kenya 2010 defines the territory of Kenya as including territorial waters. It further defines public land as including all rivers, lakes, and other water bodies, as well as the territorial sea, the exclusive economic zone, and the seabed. This means that territorial waters fall under the category of public land.
The Constitution also establishes that all land in Kenya belongs to the people of Kenya collectively and that public land shall vest in and be held by the national government in trust for the people of Kenya. It is to be administered by the National Land Commission on their behalf.
In addition, the Constitution mandates the government to utilise the environment and natural resources for the benefit of the people of Kenya. This includes ensuring ecologically sustainable development and the use of natural resources. Every person also has a duty to cooperate with state organs and other persons to protect and conserve the environment.
The National Land Policy (NLP), adopted in December 2009, guides Kenya toward sustainable and equitable land use, with an overall objective of securing rights over land and providing for sustainable growth, investment, and poverty reduction.
Given that territorial waters are considered public land, and that the government has a mandate to utilise natural resources for the benefit of the people, it follows that the government must utilise the territorial waters for the benefit of its citizens. This could include activities such as fishing, tourism, and trade, with the aim of promoting sustainable development and improving the well-being of the Kenyan people.
In conclusion, the Kenyan government has a constitutional obligation to manage and utilise its territorial waters for the benefit of its citizens, ensuring sustainable practices and protecting the rights of its people to a clean and healthy environment.
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The National Land Commission manages public land
The National Land Commission (NLC) is a constitutional commission established under Article 67 (1) and Chapter 15 of the Constitution of Kenya 2010. The NLC is mandated by Article 67 (2) to manage public land on behalf of the national and county governments.
The NLC's functions include:
- Initiating investigations into present or historical land injustices and recommending appropriate redress.
- Monitoring and having oversight responsibilities over land use planning throughout the country.
- Advising the national government on a comprehensive programme for the registration of titles to land throughout Kenya.
- Conducting research related to land and the use of natural resources and making recommendations to the appropriate authorities.
- Developing and encouraging alternative dispute resolution mechanisms in land dispute handling and management.
- Making regulations prescribing the criteria for the allocation of public land, including forms of ownership and access under all tenure systems.
The NLC also has the power to alienate public land with the consent of the national and county governments. The Commission is further responsible for establishing county land management boards to assist in managing public land.
The Constitution of Kenya defines public land as:
- Land that was unalienated government land as defined by an Act of Parliament at the effective date.
- Land lawfully held, used, or occupied by any state organ, except land occupied as lessee under a private lease.
- Land transferred to the state by way of sale, reversion, or surrender.
- Land in respect of which no individual or community ownership can be established by any legal process.
- All minerals and mineral oils as defined by law.
- Government forests, game reserves, water catchment areas, national parks, and government animal sanctuaries.
- All rivers, lakes, and other water bodies as defined by an Act of Parliament.
- The territorial sea and exclusive economic zone of Kenya, as well as any additional territory and territorial waters defined by an Act of Parliament.
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The Kenyan Constitution recognises and protects the right to a clean and healthy environment
The Kenyan Constitution of 2010 recognises and protects the right to a clean and healthy environment. This is detailed in Article 42, which outlines that every person has a duty to cooperate with state organs and other persons to protect and conserve the environment. The Constitution further establishes the National Land Commission to manage public land on behalf of national and county governments.
Article 42 also allows individuals to apply to a court for redress if they believe their right to a clean and healthy environment has been, is being, or is likely to be, infringed. The court may then make any order or direction it considers appropriate to prevent or stop any act that is harmful to the environment. This includes compelling public officers to take action to prevent or discontinue harmful activities.
The Kenyan Constitution defines public land to include all rivers, lakes, and other water bodies, as well as the territorial sea, the exclusive economic zone, and the seabed. This is outlined in Article 62, which states that these areas vest in the national government, held in trust for the people of Kenya. The National Land Commission is responsible for administering these areas.
The territorial waters of Kenya are defined as those comprising Kenya on the effective date and any additional territorial waters as defined by an Act of Parliament. This includes the territorial sea, extending 12 nautical miles from the Kenyan coast, as defined by the Maritime Zones Act.
The recognition of the right to a clean and healthy environment in the Kenyan Constitution is an important aspect of environmental protection and sustainable development in the country. It empowers individuals to take legal action against harmful activities and ensures that natural resources, including territorial waters, are utilised for the benefit of the people of Kenya.
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Frequently asked questions
Kenya consists of the territory and territorial waters comprising Kenya on the effective date, and any additional territory and territorial waters as defined by an Act of Parliament.
The Water Act defines 'water resource' as any lake, pond, swamp, marsh, stream, watercourse, estuary, aquifer, artesian basin, or other bodies of flowing or standing water, whether above or below the ground. It also includes seawater and transboundary waters within the territorial jurisdiction of Kenya.
According to Article 62(1) (i) and (j) of the Constitution, public land includes all rivers, lakes, and other water bodies as defined by an Act of Parliament, as well as the territorial sea, the exclusive economic zone, and the seabed.
Article 62(3) of the Constitution states that all rivers, lakes, and other water bodies as defined by an Act of Parliament, the territorial sea, the exclusive economic zone, the seabed, and all land between the high and low water marks shall vest in the national government, held in trust for the people of Kenya, and administered by the National Land Commission.
The National Land Commission was established by the Constitution to manage public land on behalf of the national and county governments. It is responsible for administering public land vested in the national government, ensuring that it is held in trust for the people of Kenya.
