Significance of New Land Laws in Kenya
Following promulgation of the Kenya Constitution 2010, Land Law in Kenya was reviewed, repealed and new legislation enacted. Does the new Legislation on land Law adequately address all the shortcomings that were inherent in the old law regime?
Kenyan Land system was governed by a number of laws that were complex and with many shortcomings. Some of this shortcomings included lack of distinction in ownership between citizens and non-citizens, long leases of 999 years, inadequate protection of matrimonial and spousal rights, different and confusing registration regimes, and complex transfer processes among others. Subsequent to the promulgation of the Constitution of Kenya 2010, a number of Land Acts were repealed and replaced with 3 operative Acts of Parliament.
The Repealed Acts
The following Acts have been repealed:
The Indian Transfer of Property Act, 1882
The Government Lands Act
The Registration of Titles Act
The Land Titles Act
The Registered Land Act
The Way leaves Act; and
The Land Acquisition Act
Chapter 5 of the Constitution of Kenya 2010 gave effect to a radically different land regime in Kenya. Article 68 specifically gave Parliament scope to:
Art 68. Parliament shall— (a) revise, consolidate and rationalise existing land laws;
(b) revise sectoral land use laws in accordance with the principles set out in Article 60 (1); and
(c) enact legislation—
(i) To minimum and maximum land prescribe holding acreages in respect of private land;
(ii) To regulate the manner in which any land may be converted from one category to another iii) To regulate the recognition and protection of matrimonial property and in particular the matrimonial home during and on the termination of marriage;
(iv) To protect, conserve and provide access to all public land;
(v) To enable the review of all grants or dispositions of public land to establish their propriety or legality; vi) to protect the dependants of deceased persons holding interests in any
Kenyan Land system was governed by a number of laws that were complex and with many shortcomings. Some of this shortcomings included lack of distinction in ownership between citizens and non-citizens, long leases of 999 years, inadequate protection of matrimonial and spousal rights, different and confusing registration regimes, and complex transfer processes among others. Subsequent to the promulgation of the Constitution of Kenya 2010, a number of Land Acts were repealed and replaced with 3 operative Acts of Parliament.
The Repealed Acts
The following Acts have been repealed:
The Indian Transfer of Property Act, 1882
The Government Lands Act
The Registration of Titles Act
The Land Titles Act
The Registered Land Act
The Way leaves Act; and
The Land Acquisition Act
Chapter 5 of the Constitution of Kenya 2010 gave effect to a radically different land regime in Kenya. Article 68 specifically gave Parliament scope to:
Art 68. Parliament shall— (a) revise, consolidate and rationalise existing land laws;
(b) revise sectoral land use laws in accordance with the principles set out in Article 60 (1); and
(c) enact legislation—
(i) To minimum and maximum land prescribe holding acreages in respect of private land;
(ii) To regulate the manner in which any land may be converted from one category to another iii) To regulate the recognition and protection of matrimonial property and in particular the matrimonial home during and on the termination of marriage;
(iv) To protect, conserve and provide access to all public land;
(v) To enable the review of all grants or dispositions of public land to establish their propriety or legality; vi) to protect the dependants of deceased persons holding interests in any
References: The Indian Transfer of Property Act, 1882 The Lands Act Cap 280, Laws of Kenya (Repealed) The Registered Land Act Cap 300. Laws of Kenya (Repealed) Land and Conveyancing in Kenya, Ojienda, T, Law Africa, 2008