Land Reforms in Kenya and around Africa

This blog focuses on issues of land reforms in Kenya and around Africa and related matters

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that has been used in the blog.
  • Bloggers
    Bloggers Search for your favorite blogger from this site.
  • Team Blogs
    Team Blogs Find your favorite team blogs here.
  • Login

In Kenya those with registered private land hold either freehold or leasehold interests. A freehold interest in land is held for an unlimited period and is the kind of interest held by Kenyans in most rural areas. They are easily managed and inherited. On the other hand, a leasehold interest on land is held for a defined period after which the land reverts to the person who granted the lease. In Kenya, most leasehold interests are found in urban areas. But many leases were granted by the colonial government to promote Kenya’s agriculture and for religious purposes in various Counties. Many of these have since been passed on to local people and companies. Leasehold interests require careful management to ensure adherence to the conditions attached. If for instance one needs a bank loan when the remaining term is short, banks will require that the term be extended. If the term is close to expiry, a renewal is required if the holder is still interested. If renewal isn’t granted, complex issues over developments on the land arise.

Hits: 231

Over the holiday season, I’d to spend some time advising on some simple disputes. In the process, I appreciated that many, including state officers, political leaders and land owners at the rural level, haven’t fully understood their roles, rights and obligations under our current dispensation. This adversely exposes private land rights while leaving state and political leaders vulnerable to arguable lawsuits. Some experiences help to underscore.

Need to assert ownership rights

While we operated the old constitution, I was called in to help some land owner reclaim parts of his land that had been ‘declared’ public land and converted to a road of access by an area Councilor. As it turned out, the councilor was ‘feared’ in the locality. It therefore took effort to convince the land owner that he held discretion to assert his rights and reject such intrusion.

Hits: 284

Posted by on in Land Laws

At the end of August, President Kenyatta assented and brought into life the Land Laws (Amendment) Act which amends the Land, the Land Registration and the National Land Commission Acts. Some provisions in the new law need to be carefully noted.

Hits: 422

Posted by on in Land Laws

I. Background

Hits: 1427

Lessons on legislative process and application of existing laws

Hits: 1965

Blog Calendar

Loading ...