New land laws in kenya pdf

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the substantive and registration law for all land formerly held under customary law was codified in the registered land repealed act of 1963. Constitution of kenya, 2010 4 chapter fiveland and environment part 1land 60principles of land policy. 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. 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. 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. Land laws amendment bill, 2015 kenya land alliance. The enactment and implementation of the national land policy is seen as a step forward towards addressing underlying social and economic inequalities in kenya. Private land per article 64 of the constitution of kenya, 2010 key laws applicable land act act no.

Qualifications for appointment of chief land registrar. 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. New land laws and impact on the rights of women and childrenkwja dialogue 2014 republic of kenya 2009, sessional paper no. In chapter 5 sections 6068 of the new constitution, land is classified into private, public, and community.

The independence government went on using the same land laws in land. There is now greater clarity regarding the types of transactions that require spousal consent when dealing in property owned by married persons. This paper can be downloaded in pdf format from ielrcs website at. Legal notice no 278 land registration general regulations. An act of parliament to give effect to article 68 of the constitution, to revise, consolidate and rationalize land laws.

Legislation on land details chapter five land and environment. The national land commission is responsible for administration of public land. They can be downloaded in pdf version from the links below. Klrc has an additional mandate of preparing new legislation to give effect to the. These rights affect all land and not just matrimonial property. Womens land and property rights in kenya by reem gaafar last updated oct 14, 2014 guide contents i. It is therefore commendable and a great step forward that kenya has now a new law that more comprehensively protects our wildlife. 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 parliament of kenya enacted new land laws, including. The act brings about amendments to the land act, 2012, land registration act, 2012 and the national land commission act, 2012. 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. 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.

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. There are expected to be some teething transition and implementation. Other branches of law have also developed in kenya but not with great magnitude as land law. 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 new laws therefore make provision for the registration of community land.

Conference paper pdf available october 2014 with 219. Land conflict and distributive politics in kenya 79 the analysis of land politics helps reveal the difficulty of kenyas predicament. The paper covers how land law in kenya has developed ab intra. 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. Doc the evolution of land law in kenya valentine wakoko. 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. 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. Kenyas 2012 land laws provided the enabling legislation to put the new principles and procedures into practice. Section 9 of the land registration act is amended by inserting the following new paragraph in subsection 2. Three of the commonly encountered land registration regimes are the registration of titles act cap 281, the. What to know about property laws in kenya buyrentkenya.

Jul 29, 2012 the land commission act also obliges the land commission to ensure that all unregistered land in kenya is registered within ten years. The new land laws and impact of the rights of women and children in kenya. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. The land registration general regulations, 2017 and the land registration registration units order, 2017 were gazetted in november 2017. Full implementation of he laws however will require the development of regulations, rules, procedures to guide implementation. 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. Some new land laws including kenyas refer to customary or. Like other african states, kenyas state may be predatory and arbitrary in ways that may be restrained through the rule of 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 law as a set of rules and principles governing interests in land is found in various branches or of. 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. Pursuant to the constitution of kenya, three acts of parliament have been enacted and came into force on 2nd may, 2012. 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. The historical development of land law in kenya the kenyan.

Jul 18, 2012 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. In the wake of the spread of the covid19 global pandemic, the real estate and loan markets in kenya are bound to be affected. 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. Mar 14, 2019 kenyas 2012 land laws provided the enabling legislation to put the new principles and procedures into practice. The land commission act also obliges the land commission to ensure that all unregistered land in kenya is registered within ten years. New laws have been introduced dealing with ownership of land by nonkenyan citizens. Kenya inherited colonial land laws that are a hybrid of english and african customary law. 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. There are expected to be some teething transition and implementation challenges. Regulation of land use and property kenya law reform. In kenya, the land problem is one of the main issues that citizens have.

The new land laws have created statutory rights to land for spouses. May 31, 2012 the new laws require all land in kenya, whether private, public or community land, to be registered. Following lengthy deliberations and a comprehensive public participation process, a new constitution the constitution was promulgated on 27 august 2010. New land laws and impact on the rights of women and childrenkwja dialogue 2014 republic of kenya2009, sessional paper no. This act was to replace all other laws related to land in kenya. Legislation on land kenya law reform commission klrc. Spouse deemed owner though not on title where land is held in the name of one spouse, but the other spouse has contributed to the productivity. Sep 12, 2017 the new laws require all land in kenya, whether private, public or community land, to be registered. The constitution sets out principles governing land and also requires. For readers unfamiliar with the english common law regime adopted in kenya and other. In chapter 5 sections 6068 of the new constitution, land is classified into. Kenya enacts three new land laws land portal securing. The new laws require all land in kenya, whether private, public or community land, to be registered.

These new statutes consolidate the existing legislation on land in kenya and apply to all categories of land, whether declared by the constitution as. Formal legal framework for womens land and property rights constitution formal laws relevant to land family law enforcement of formal law iii. Overview of the kenyan land laws amendment act 2016 cms. 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. Public land is held by the government in trust for the people of kenya. 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 constitution of kenya chapter fiveland and environment. Kenya, tenure, community, land law, land reform, property rights, land.

Then one of the major implications of this to pastoralism is the fact that. Pdf the community land act in kenya opportunities and. 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. As a result slightly different procedures and references to documents are given for transactions in land governed by the distinct land registration regimes. It outlined definitions of land and land systems in kenya as well as set out a land legislative obligation on parliament. Published by the national council for law reporting with the authority of the attorney general. However, substantive provisions on the administration and management of community land will be enacted by 2015 as required by the constitution. Consent of spouse to certain transactions is a key change.

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. Land act, 2012 land registration act, 2012 national land commission act, 2012 the repealed acts the following acts have been repealed. Pdf the new land laws and impact of the rights of women and. Community land is defined pursuant to article 63 of the constitution and includes land. Publication and news dla piper africa in kenya ikm. Kenyans understanding of the new land laws nairobi digest. Land law as a set of rules and principles governing interests in land is found in various branches or of land law in kenya. 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. Because only part of kenyans participated in land debates, 63. The land laws amendment act, 2016 received presidential assent on 31 st august 2016 and came into force on 21 st september 2016.

Overview of the kenyan land laws amendment act 2016. New landrelated problems due to rapid pop ulation growth have added to. 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. 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. The impact of tanzania new land laws on the customary land rights of pastoralists. 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. Unlike other laws, land law has developed ab intra throughout kenyas history. 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. Here are the new land laws in kenya pdf as a more detailed source. Legal notice no 278 land registration general regulations, 2017.