Policies governing ownership of land in Kenya

The enactment of a new constitution in Kenya in 2010 brought about the adoption of National Land Policy. The new constitution (chapter 5 section 60-68) points out that all land in Kenya collectively belongs to the people as a nation, communities and individuals. Therefore it classifies land into public, private and community land which I will broadly take a look at.

·     Public land in Kenya: This refers to land put aside by the government used or occupied by a state organ, which no individual or community ownership can be established. Lands that fall in this category include water catchment areas, national parks, animal sanctuaries, roads, rivers, lakes and any land not classified as private or community land. Public land is usually held in trust for the people by either the County government or the national government and administered on their behalf by the National Land Commission.

·   Community land in Kenya: These are lands held by communities on the basis of ethnicity, culture or similar interests. It comprises land registered in the name of group representatives, transferred to a specific community and held, managed or used by communities as shrines, grazing areas or community forests. Community lands include ancestral lands and those traditionally occupied by hunter gatherers communities-held as trust land by the County governments.

·     Private land in Kenya: This consists of land held by individuals either on a freehold basis or on a leasehold basis. Freehold basis is where an individual has absolute right on the land while leasehold basis is where the government leases out land to an individual for a period of 99 years. Non citizens in Kenya can also own land but only on a leasehold tenure.  

Policy of land in Kenya

Land policy plans to stop hoarding of land by introducing taxes on idle land to discourage ownership of idle land.

The policy gives the state the power to regulate private land in Kenya. There is the Women Property Act aimed at protecting spouses whose contribution to matrimonial property cannot be quantified. The act also protects the rights of widows, widowers and divorcees. It further prohibits the sale of family property without the involvement of spouses.

Land policies of Kenya repealed the Group Representative Act set to benefit pastoralists by recognizing individual rights but still maintaining unique land use in land in Kenya.

For more information go to www.wetkenyarealestate.com