Unlike other laws, Land Law has developed ab intra throughout Kenya's history. Other branches of law have also developed in Kenya but not with great magnitude as Land Law. Looking at the law of equity for instance, Equity has developed in Kenya but the most import and parts of it developed in England. The maxims were developed in England and Kenya has only advanced in how they are applied.
Kibet Sam Unit Title: Law of Property in Land Unit Code: Koech Samwel Kibet Registration Number: Just like any other part in the world, land is the most important resource required for the creation of wealth. The populace mostly occupies the productive parts of the country2.
Land problems attributable to colonial history as the period within which the land issues arose and have never been settled up to today. This is a fact that the common folk were chased out of the productive sides of the area and driven out to the reserves to fend for themselves.
The customary holding systems had a ramification of the effect of entry of colonial power and there were long terms effects in this context.
The alteration of socio economic pattern of the 1 Humphrey K. Njuguna and Martin M. Land reforms in Kenya. The tragic afircan common. The form of land ownership differed between the African customary system, based on families and clans and the British feudal system, manifested by political arrangements in terms of control and access.
Having come from different areas, the settlers needed assurances that having come from home to unknown territory; they would have some guarantees as pertaining to land ownership. However, it did not confer radical title to the British upon the land in the territory.
The British used to acquire land form the natives within several ways. First through conquest, whereby fighting was involved and when they defeated the native, they disposed them of their land. Secondly was through agreements whereby the communities agreed to give their land to gain some benefits from the British including the confiscated cattle from other communities.
Journal of the International African Institute, Vol. Some signed treaties or sold their land to the British. A good example is the ten-mile coastal strip, which was under the jurisdiction of the sultan of Zanzibar. It reached a time whereby the British government on its running of the protectorate had proved to be expensive on its budget and thus the was the event that the colonial government agreed with the imperial British east African company on the fact that the company was going to run the protectorate on behalf of the government.
Thus, the company was conferred all rights in land ceded to the government by a concession agreement which the sultan of Zanzibar had signed in Unlike the interior parts of the East African Protectorate, there was a settled form of government. When the colonial government entered into the country, there was a total alteration of the indigenous production system and the existing institution, which as a result, paved way for the introduction of the new rules and order of ownership.
The development of urban settlement from these early days was concentrated along the rail line where towns and cities cropped up, such as Mombasa, Nairobi, Nakuru, and Kisumu. The railway would later be expanded to open more branches for easy access to the white highlands where other smaller towns away from the corridor opened by the railway12 There was the Indian acquisition act, which was extended in to the sultan dominion with regard to section 8 of the Zanzibar order in council.
The act was also extended past the Sultan dominion to the inland part of the region a process that there were no justification of 12 David Imbara. Kenya Capitalist, the State, and the Development. Partly this jurisprudence was relied upon to justify this alienation of land and the land transactions undertaken13 Another Act was the foreign jurisdiction act ofwhich gave the crown the power to disposition over waste and unoccupied land.
Under section 5, it granted power to extend enactments under the First Schedule. The result of which is that Kenya at independence inherited one of the most skewed patterns of land distribution in the world15 However, there were revisions, which were incorporated through the east African land in council of and the Crown Land Ordinance of This allowed and granted the colonial government ownership beyond the mile coastal strip in order to attract other developers.
This 13 Property law. Foreign jurisdiction Act For instance, under the mile coastal strip, it was possible to issue year lease and when the Uganda Railway Act was enacted, it allowed for sale of land for agricultural places within the Railway zone for purposes of enabling such agriculture to support the building and maintenance of the railway.
All these were initiatives of the company and not the British Government. The crown land ordinance enacted in had facilitated to a large extend the alienation of crown land. The term was to be understood later to be lands which were not occupied by the Africans.
This deprived Africans the right to own land. A History of East Africa, pp, 17 Supra note seven.Valentine D.B Wakoko THE EVOLUTION OF LAND LAW IN KENYA Land law in Kenya is one of the earliest divisions of law to exist.
Unlike other laws, Land Law has developed ab intra throughout Kenya. a) Land Act, – The Act consolidates various laws on land into one substantive law governing land in Kenya. b) Land Registration Act, – It provides for the revision, consolidation, and rationalization of the law governing the registration of title to land, regulation of .
land in Kenya is held, used and managed in an equitable, efficient, productive and The new land laws give effect to the provisions of Chapter 5 of the Constitution which aimed to revise, consolidate and rationalize existing land laws.
These new statutes consolidate the existing NEW LAND LAWS IN KENYA, – WHAT YOU NEED TO KNOW. 2. a) Land Act, – The Act consolidates various laws on land into one substantive law governing land in Kenya.
b) Land Registration Act, – It provides for the revision, consolidation, and rationalization of the law governing the registration of title to land, regulation of dealings in registered land . LAWS OF KENYA LAND ACT No. 6 of Revised Edition Published by the National Council for Law Reporting with the Authority of the Attorney-General.
Land in English law In English law land is described and defined by the Law of Property Act s (1), it describes it as land is mines and minerals, whether or not held apart from the surface, it is buildings or parts of buildings, and other corporeal hereditaments and incorporeal hereditaments.