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
Recent blog posts

Tempered rhetoric in 2017

Hits: 43

Environment and land courts are welcome judicial organs

Hits: 147

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: 285

Parklands demolition and tenure security

I learnt about the Parklands property demolition through the Nation Media Group website while away in a continental discussion on matters land. Tenure of land always occupies center stage in such discussions.  The right to own, lease and use land peacefully keeps civilizations going. The need for recognition, documentation and protection of land tenure rights is fundamental. Without recognition, we end up with multiple claimants and disputes; without documentation, one has no evidence of what they own and without protection, the rights can be defeated fraudulently or forcefully.

States that fail to protect land tenure rights risk facing social and economic instability that can, in extreme circumstances, foster political instability and threaten governments. So what happened in Parklands should attract top policy and political attention and systematic institutional redress.

Hits: 407

Blog Calendar

Loading ...