In critically analyzing the manner in which Parliament has discharged its obligation under

Article 68(c)(i), a comprehensive assessment of the legislative framework, implementation,

impact, socioeconomic implications, and public participation is necessary. This analysis will help
determine the extent to which Parliament's actions have addressed the goals of equitable land
distribution and combating land concentration, while considering the broader socioeconomic
context and the potential consequences for affected communities.

Fortunately, the promulgation of the 2010 constitution alongside the adoption and
implementation of the Kenya National land policy has helped in solving most of the issues that
surround the purchase and ownership of property.

The reforms are majorly based on the National Land Policy (NLP), adopted in 2009 after years
of consultation.  Since then, the country has also adopted:

 A new Constitution (2010), which includes a chapter on Land and Environment,

anchoring many of the NLP’s key provisions in law
 The National Land Commission Act (2012)
 The Land Act (2012)
 The Land Registration Act (2012)
 The Marriage Act (2014)
 The Environmental Management and coordination act (2012)
 The Environment And Land Court Act (2011)

The new land acts especially The Land act, The Land registration act and The National land
commission act have repealed the following statutes;

 The Indian Transfer of Property Act, 1882

 The Government Lands Act
 The Registration of Titles Act
 The Land Titles Act
 The Registered Land Act
  The Wayleaves Act; and
 The Land Acquisition Act

In 2013, the government formed a National Land Commission to act as the lead agency in land
matters, working with the Ministry of Lands, Housing and Urban Development (MLHUD) and
county-level institutions. 

The Commission has developed a five-year National Strategic Plan to guide implementation of
the National land policy. Its five strategic focus areas are:

 Devolution of land management (to run land administrative and management functions at
the county level)
 Land Registration
 Natural Resource Management
 National Land Information Management System
 Resolution of Land-related disputes.

In Kenya, land matters are regulated by The Constitution of Kenya 2010; The Land act, 2012;
The National Land commission act, 2012; The Land Registration act, 2012; The Environmental
Management and Coordination act, 2012 and the Marriage act, 2014. These laws have
consolidated different land laws repealing the existing pre 2010 land laws.

The National land policy, 2009.

In 2009 a new National Land Policy (NLP) was adopted partly as a result of the post-election
violence and due to the general land situation. NLP have support in the Constitution, but even if
both are well developed there is still a long way to go when it comes to real life implementation.
NLP is formulated to protect land rights and to be an overall framework for critical land issues.
With the National land policy, there has also been a decentralization of decisions, which has the
purpose to increase local participation. It also includes protection of vulnerable groups and says
that minority groups have the right to use the traditional environment in a sustainable way and
lost rights should be given back.
The National land policy also states that: “Measures will be initiated to identify such groups and
ensure their access to land and participation in decision making over land and land based
resources

A significant change under the new laws is that:

 Freehold land cannot be owned by a non-Kenyan citizen; and
 A leasehold interest of over 99 years cannot be held by a non-Kenyan citizen.

THE LAND ACT (2012)

The Land Act came into force on the 2nd of May, 2012. The purpose of this Act is to give effect
to Article 68 of the consent, to revise, consolidate and rationalize land laws; to provide for the
legal regime for the administration and management of land and land based resources, contracts
over land, leases, charges, easements, compulsory acquisition and for connected purposes.
This Act has repealed two statutes;
i. The Wayleaves Act, Cap. 292
ii. The Land Acquisition Act, Cap. 295
Section 4 of the Act provides for the guiding values and principles of land management and
administration which are binding on all State organs, State officers, public officers and all
persons whenever any of them either enacts, applies or interprets any provisions of this Act; and/
or makes or implements public policy decisions. These principles and values include:
i. Equitable access to land; security of land rights;
ii. Security of land rights;
iii. Sustainable and productive management of land resources;
iv. Transparent and cost effective administration of land;
v. Conservation and protection of ecologically sensitive areas;
vi. Elimination of gender discrimination in law, customs and practices related to land and
property in land;
vii. Encouragement of communities to settle land disputes through recognized local
community initiatives
viii. Participation, accountability and democratic decision making within communities, the
public and the Government;
ix. Technical and financial sustainability;
 x. Affording equal opportunities to members of all ethnic groups;
xi. Non-discrimination and protection of the marginalized; and
xii. Democracy, inclusiveness and participation of the people; and
Alternative dispute resolution mechanisms in land dispute handling and

Application of the Land act

The Land Act applies to all land declared as public land under Article 62 of the Constitution,
private land under Article 64 of the Constitution and community land under Article 63 of the
Constitution and any other written law relating to community land.

The act also recognises forms of land tenure. Under the act, the forms of tenure are;
i. Freehold;
ii. Leasehold;
iii. Such forms of partial interest as may be defined under this act and other law,
including but not limited to easements; and
iv. Customary land rights, where consistent with the constitution.

Equality
The Land act provides for equal recognition and enforcement of land rights arising under all
tenure systems and non-discrimination in ownership of, and access to land under all tenure
systems. For a long time there have been issues of discrimination of land ownership especially
under the customary system. Women were the most affected by the customary law system of
land ownership. This Act thus seeks to remedy this problem by ensuring equality of tenure
irrespective of the form of tenure.

Registration districts
The Land Act establishes land registration districts and in each of the registration districts there
will be a land registry where documents will be registered. This is meant to create order and
confidence in the system.

Special Court for Environmental and Land matters

The Land Act vests the Environment and land Court established under the Environment and
Land Court Act with exclusive jurisdiction to hear and pursuant to Art. 162(b) of the
Constitution determines disputes, actions and proceedings concerning land under the Land Act.
This will help to reduce the backlog of cases in courts generally and specifically those dealing
with the land and environmental matters owing to their sensitive nature.

THE LAND REGISTRATION ACT (2012)

The Land Registration Act hereinafter referred to as (L.R.A) came into force on 2nd May, 2012.
According to the preamble of this statute, “This is 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.”
The changes introduced by the LRA and the effects of such changes on land Registration
and Transaction.
The LRA has repealed five pre-existing legislations; including-
The Indian Transfer of Property Act, 1882

The Government Land Act, (Cap 280)

The Registered Land Act, (Cap 300)

The Land Title Act, (Cap 282)

The Registration of Titles Act, (Cap 281)

By repealing these statutes, the new Act creates a system of registration of titles as opposed to
the old system which had a system of both registrations of deeds under the Government Lands
Act and Land Title Act as well as registration of titles under the Registered Land Act. Under this
system of registration of titles, registration had to be in prescribed forms and the register was
conclusive evidence of title.
The LRA thus assumes the role played by all of them combined and consolidates the registration
of titles to land. This resolves the confusion caused by the application of many different
legislation in different types of land transaction. For example, the confusion caused by creating a
charge under the RLA and a Mortgage under the ITPA and the difference between the two. This
means that instead of having four main land registration systems there will be just one.
Conflict with other Land Laws
Section 5 of the LRA deals with the conflict with other laws and guarantees the supremacy of
this statute over other laws, practice or procedure relating to land registered or deemed to be
registered under this Act.

Registration Units
For easy organization and administration of land registration, the statute introduces a new system
of registration units. These units shall be established at county levels and other administrative
levels for easy registration and administration of land and for better and efficient registration
services. To ensure this, there shall be established and maintained a land registry in each
registration unit. This shall be guided by the principles of devolution set out in Articles 174 and
175 of the constitution.

Instruments Of Title
Under this new system, instruments of title include; certificate of title and certificate of lease.
This makes it easier to deal with these instruments as opposed to the system under the old regime
where the instruments or forms of title were numerous

THE NATIONAL LAND COMMISSION ACT (2012)

This Act was enacted to make further provisions as to functions and powers of the National Land
Commission, qualifications and procedure for appointing the commissions. It is also meant to
give effect to the objects & principles of devolved government in land management and
administration and for connected purposes (See the preamble of the Act).
This statute basically makes further provisions to those under Art. 67 of the Constitution and as
such do not bring so many changes to land transactions. However it is important as to creating a
linkage between the commission, county government and other institutions dealing with land and
land related resources.

THE ENVIRONMENT AND LAND COURT ACT (2011)

The act was enacted to give effect to article 162(2) (b). The act provides for the jurisdiction,
structure and operations of the Environment and Land Court. The Environment and Land Court
is established as a specialized court with the same status as the High Court. This means that the
decisions of the court are of equivalent value to that of the High Court and other courts with
status of high court. The decisions of the court can only be appealed to the Court of Appeal.