New land laws in kenya pdf

The enactment and implementation of the national land policy is seen as a step forward towards addressing underlying social and economic inequalities in kenya. Conflict of rights in land law land law in kenya is a corpus juris of several principles containing several diversities of rights that are sui generi very complex. Kenya s land reforms are on course and new land laws, the environment and land court ac, the national land commission act, the land act and the land registration act, have been enacted. The land laws amendment act, 2016 makes key amendments to the land act 2012, land registration act 2012 lra and the national land commission act 2012 nlc act. Overview of the kenyan land laws amendment act 2016. It outlined definitions of land and land systems in kenya as well as set out a land legislative obligation on parliament. The constitution of kenya chapter fiveland and environment. For instance, the case of the mau forest, a major water tower in kenya illustrates that the regime of land rights in kenya is a barrier to sustainable.

The act has introduced the new concept of controlled land which is land within a zone of 25 kilometres from the inland national boundary of. The parliament of kenya enacted new land laws, including. Legal notice no 278 land registration general regulations. Uhuru kenyatta, the president of kenya revealed that three and now 25 patients had tested positive for the virus culminating in presidential directives towards preventing its spread to the rest. The new land laws, land act 2012, national land commission act 2012 and the land registration act 2012, plays a major role in resolving how land is managed in kenya. The clamour for land reforms in kenya eventually gave rise to the national land policy, provisions on land and environmental management under the constitution of kenya and new land laws namely the land act 2012, land registration act 2012 and national land commission act. Like other african states, kenyas state may be predatory and arbitrary in ways that may be restrained through the rule of law. Doc the evolution of land law in kenya valentine wakoko. Kenyans understanding of the new land laws nairobi digest. Constitution of kenya, 2010 4 chapter fiveland and environment part 1land 60principles of land policy. Sep 12, 2017 the new laws require all land in kenya, whether private, public or community land, to be registered.

The impact of tanzania new land laws on the customary land rights of pastoralists. Klrc has an additional mandate of preparing new legislation to give effect to the. Section 9 of the land registration act is amended by inserting the following new paragraph in subsection 2. Consent of spouse to certain transactions is a key change.

What to know about property laws in kenya buyrentkenya. In chapter 5 sections 6068 of the new constitution, land is classified into private, public, and community. Background of land violence in kenya kenyas history of internal displacement and land problems began during the colonial period, when the british land policy favored white settler. Conference paper pdf available october 2014 with 219. New land laws and impact on the rights of women and childrenkwja dialogue 2014 republic of kenya2009, sessional paper no. Not a very long time given that this is a very demanding technical exercise and about three months is now gone by since the new law commenced operation. Legislation on land details chapter five land and environment. The new laws therefore make provision for the registration of community land. Published by the national council for law reporting with the authority of the attorney general.

Here are the new land laws in kenya pdf as a more detailed source. Kenyas land reforms are on course and new land laws, the environment and land court ac, the national land commission act, the land act and the land registration act, have been enacted. Private land per article 64 of the constitution of kenya, 2010 key laws applicable land act act no. Dec 25, 2017 the substantive and registration law for all land formerly held under customary law was codified in the registered land repealed act of 1963. Unlike other laws, land law has developed ab intra throughout kenyas history. It is therefore commendable and a great step forward that kenya has now a new law that more comprehensively protects our wildlife. Full implementation of he laws however will require the development of regulations, rules, procedures to guide implementation. The kenyan parliament recently enacted three new land acts towards the implementation of its intended land reforms as per the constitution of 2010 and the national land policy of 2009. Public land is held by the government in trust for the people of kenya.

In chapter 5 sections 6068 of the new constitution, land is classified into. Pdf the new land laws and impact of the rights of women. An act of parliament to revise, consolidate and rationalize the registration of titles to land, to give effect to the principles and objects of devolved government in land registration, and for connected purposes act no. The independence government went on using the same land laws in land. Mar 14, 2019 kenyas 2012 land laws provided the enabling legislation to put the new principles and procedures into practice. Publication and news dla piper africa in kenya ikm. Qualifications for appointment of chief land registrar. Womens land and property rights in kenya by reem gaafar last updated oct 14, 2014 guide contents i. Legislation on land kenya law reform commission klrc. Community land is defined pursuant to article 63 of the constitution and includes land. English law entitled equitable mortgage equity executed forfeiture freehold government grant held high court implied interest in land joint tenancy land act land control act land law land registry landlord and tenant laws of kenya lease or charge leasehold lender lessee lessor liabilities. Kenyas 2012 land laws provided the enabling legislation to put the new principles and procedures into practice.

During the clamor for change and reforms in kenya, one of the most prominent issues that kenyans agitated for was reforms in land administration and management. A guide to the wildlife act of kenya wcma 20 message from the first lady of the republic of kenya the time has come for kenyans to take the lead in matters of protecting our national heritage and pride. Kenya enacts three new land laws land portal securing. The new land laws and impact of the rights of women and children in kenya. The act has introduced the new concept of controlled land which is land within a zone of 25 kilometres from the inland national boundary of kenya, within the first and second row beach plots in the coast region and any other law that may be declared controlled land by statute. 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. Land law as a set of rules and principles governing interests in land is found in various branches or of. These rights affect all land and not just matrimonial property. New laws have been introduced dealing with ownership of land by nonkenyan citizens. As a result slightly different procedures and references to documents are given for transactions in land governed by the distinct land registration regimes. The land commission act also obliges the land commission to ensure that all unregistered land in kenya is registered within ten years. There is now greater clarity regarding the types of transactions that require spousal consent when dealing in property owned by married persons. The historical development of land law in kenya the kenyan. An act of parliament to give effect to article 68 of the constitution, to revise, consolidate and rationalize land laws.

Kenya, tenure, community, land law, land reform, property rights, land. The new constitution in 2010 enhanced previous land reform efforts by establishing a legal framework for the administration, use, and management of land in kenya. These new statutes consolidate the existing legislation on land in kenya and apply to all categories of land, whether declared by the constitution as public, private or community land. In the wake of the spread of the covid19 global pandemic, the real estate and loan markets in kenya are bound to be affected. These new statutes consolidate the existing legislation on land in kenya and apply to all categories of land, whether declared by the constitution as. Because only part of kenyans participated in land debates, 63. Regulation of land use and property kenya law reform. B wakoko the evolution of land law in kenya land law in kenya is one of the earliest divisions of law to exist. The new land laws in kenya that were passed in 2012 discussed later in the article were later on amended in 2016, and the community land act was passed during the same year. The land registration general regulations, 2017 and the land registration registration units order, 2017 were gazetted in november 2017. This act was to replace all other laws related to land in kenya. There are expected to be some teething transition and implementation.

The paper covers how land law in kenya has developed ab intra. Pursuant to the constitution of kenya, three acts of parliament have been enacted and came into force on 2nd may, 2012. Legal notice no 278 land registration general regulations, 2017. May 31, 2012 the new laws require all land in kenya, whether private, public or community land, to be registered. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. There are expected to be some teething transition and implementation challenges. For readers unfamiliar with the english common law regime adopted in kenya and other. The new laws require all land in kenya, whether private, public or community land, to be registered. The act brings about amendments to the land act, 2012, land registration act, 2012 and the national land commission act, 2012. Then one of the major implications of this to pastoralism is the fact that. In kenya, the land problem is one of the main issues that citizens have. In keeping with the spirit of the constitution, the land act, land registration act and the national land commission act respond to the requirements of articles. Land conflict and distributive politics in kenya 79 the analysis of land politics helps reveal the difficulty of kenyas predicament.

This paper can be downloaded in pdf format from ielrcs website at. Pdf the new land laws and impact of the rights of women and. Overview of the kenyan land laws amendment act 2016 cms. Formal legal framework for womens land and property rights constitution formal laws relevant to land family law enforcement of formal law iii.

Land law as a set of rules and principles governing interests in land is found in various branches or of land law in kenya. They can be downloaded in pdf version from the links below. The new land laws have created statutory rights to land for spouses. Following lengthy deliberations and a comprehensive public participation process, a new constitution the constitution was promulgated on 27 august 2010. Some new land laws including kenyas refer to customary or. Other branches of law have also developed in kenya but not with great magnitude as land law. Amendments to land law statutes made in september 2016 a number of pertinent amendments have been made to the laws governing land in kenya by the land laws amendment act, 2016. Land laws amendment bill, 2015 kenya land alliance.

It is land lawfully registered in the name of group representatives, land lawfully transferred to a specific community and any land declared to be community land by an act of parliament. The issue of land, its ownership, use and management is a highly emotive one in kenya and was one of the key issues that drove the need for a new constitution. Iclg mining laws and regulations covers common issues in mining laws and regulations including the mechanics of acquisition of rights, foreign ownership and indigenous ownership requirements and restrictions, processing, beneficiation in 28 jurisdictions. The national land commission is responsible for administration of public land. Kenya inherited colonial land laws that are a hybrid of english and african customary law. Pdf the community land act in kenya opportunities and. The constitution sets out principles governing land and also requires. Nov 30, 2018 the new constitution in 2010 enhanced previous land reform efforts by establishing a legal framework for the administration, use, and management of land in kenya. Three of the commonly encountered land registration regimes are the registration of titles act cap 281, the. Iclg mining laws and regulations covers common issues in mining laws and regulations including the mechanics of acquisition of rights, foreign ownership and indigenous ownership requirements and restrictions, processing, beneficiation in.