In Kenya, all land belongs to people in three different ways. This comes from the Constitution and other laws. The three types are Public Land, Community Land, and Private Land. Knowing which kind you are dealing with matters a lot—because it affects who owns it, who manages it, and what you are allowed to do with it. What the Law Says Article 61 of the Constitution of Kenya, 2010 says: “All land in Kenya belongs to the people of Kenya collectively as a nation (classified as public), as communities (community land), and as individuals (private).” Article 62 defines Public Land. Article 63 defines Community Land. Article 64 defines Private Land. The Community Land Act, 2016 (No. 27 of 2016) gives more detail about how community land is registered, managed, and what rights people have. Land Registration Act, 2012 — for private land registration etc. For any transactions under the Private Land, ensure the following: 1. Always do a land search before buying land. Confirm owner, look for encumbrances, mortgages, charges, even court cases. This is your protection. 2. Insist on seeing the Certificate of Title / Lease and ensure the names are correct. If it's old and not yet converted, ask what the process is. 3. Don’t trust verbal agreements alone for dispositions or transfers. They are important, but until those agreements are registered, they might not protect you. 4. If you buy only part of a larger plot, ensure the subdivision was done and registered properly. 5. Check for lease conditions especially if buying leasehold or a lease plot—consent may be needed for certain dealings. 6. Inspect boundary lines & survey plans so you know exactly what you are getting. Use geo-referencing maps where possible. 7. Be aware of conversions—if titles are being converted to modern formats, pay attention to notices and gazette publications. Disputes might arise in conversion. What do these laws mean? If you see a parcel of land held under a title deed in someone’s personal name (freehold or leasehold), that is private land. You can buy it, build on it, sell it—provided the title is valid and there are no legal disputes. If it is land used by a community (say grazing land, traditional ancestral land, shrines), then it is community land. Transactions (selling, leasing) must follow the community’s rules and statutory law. If it’s a national park, government forest, roads, mineral land, or land used by government offices, that is public land. You cannot freely buy public land unless it’s lawfully allocated by the government. Conclusion As you can see, land matters can be complex. That is why it is critical to seek professional advice. In the long run, it saves more than hard earned money.