Land acquisition in Kenya
Land is an important aspect of the life of any society. It is essential for food production and security, supports important biological resources and processes, sustains the livelihoods of the majority of Kenyans and constitutes an important cultural heritage for many communities. Land should therefore be managed in a way that recognizes its many attributes.
In legal perspective, it is very important to define certain words that may ordinarily be taken for granted such as land. The land laws in Kenya define land as the soil and any structure that is permanently affixed to the soil. Going by this definition therefore, a permanent structure on the soil is part of the land on which it stands.
The predominant system of land ownership in Kenya is fashioned on the Australian Torren model. This model was adopted at independence in order to secure the proprietary interests of white setters who then owned most of Kenya’s arable land. The registration and ownership of land was consolidated into Registered Land Act (RLA). This piece of legislation gives the registered proprietor of land an absolute and indefeasible title by virtue of the issuance of the title deeds.
Land in Kenya has been categorized into various categories to include: private land, public land, group ranches and trust land.
Land acquisition by citizens as private property
The land laws in Kenya are very clear on the process of land ownership by citizen to make it private land. The following are some of the ways in which land can be acquired by citizens, as provided by the constitution of Kenya:
By way of sale:
A person owning a freehold or leasehold interest in a given piece of land may sell it to another person for a particular sum of money (compensation) and the person will acquire the said interest as their own and have it declare as private property. The sale of land in Kenya is rigorous process that stipulates the following:
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