Section 65: How Local Land Committees Are Appointed
65.Establishment of land committees
(1)A district council, on the advice of the subcounty or division council, may, in accordance with this section, appoint a land committee at subcounty or division level which shall exercise the functions conferred on a committee by this Act or any other law.
(2)A committee appointed under this section shall consist of a chairperson and four other persons who shall serve on a part-time basis.
(3)A person holding office as a member of a local government council tall relinquish that office upon appointment as a member of a committee.
(4)A member of a committee shall hold office for a period of three years and is eligible for re-appointment for one further term.
(5)A district council may terminate the appointment of a member of a committee for his or her inability to perform the functions of his or her office, or for good cause.
(6)In determining whether to appoint a committee, the district council shall have regard to—
(a)any request from any of the areas referred to in subsection (1) for which a committee may be appointed and in particular, whether any request is for a committee to be appointed to perform the functions allocated to a committee in Part II of this Act;
(b)the extent of the demand, if any, from the people within the areas referred to in subsection (1) for any of the services which they may apply for under Part II of this Act;
(c)whether any of the areas referred to in subsection (1) indicate that they are prepared to assist in the funding of the committee;
(d)the opinions of any of the bodies referred to in subsection (1), on whose recommendation the district council is to appoint the members of a committee;
(e)the state of the finances of the district council;
(f)the economic and social benefits of appointing and costs of not appointing a committee in any particular area; and
(g)any advice and guidance from the Ministry responsible for local governments which shall before issuing any such advice and guidance, consult with and take account of, the views of the Ministry responsible for land.
(7)A committee shall assist the board in an advisory capacity on matters relating to land including ascertaining rights in land and shall perform any other functions conferred on it by this Act or any other law.
(8)Where a committee has been appointed, it may, with the agreement of the parties to a dispute about land, act as a mediator in that dispute and when acting as a mediator, a committee shall have all the functions of a mediator set out in section 86 and as may be prescribed.
Plain English Summary
Your local district council can create a land committee at the subcounty or division level. This committee has a chairperson and four members who work...
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