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Land Bill, 26th April 2012, on Uhuru Kenyatta 500,000 Acres
Forbes published Uhuru Kenyatta to be worth about Kshs 40 billion ($500 million). The magazine based his wealth on ownership of 500,000 acres of land. On 26th April 2012, Parliament will legislate the maximum and minimum land one can own as private land. Terry Kairu on behalf of platform advanced by Kenyans abroad has highlighted the platform proposal as one where private leasehold land of 50 acres or more would pay Kshs 10,000 per acre yearly rate and further each 10 acres allocated employ 1 person if leasehold right is to be kept every year.
Based on this approach Uhuru Kenyatta would pay Kshs 5 billion lease rate every year and employ 50,000 Kenyans to be able to keep this land. With about 4 million Kenyans without jobs and yearly food shortages Terry says, “The platform candidates care more about food and creating jobs. Those with this type of land should develop the land and meet these terms or forgo the land. ” She adds, “We're not concerned about what this parliament will legislate on April 26th 2012. We are working on what voters will authorize in the general elections to be legislated in 60 days after election. We currently have Kenyans who have expressed interest in leasing land and paying Kshs 10,000 an acre and further employing 1 person for every 10 acres allocated to produce food for the country needs and export markets.”
On 26th April 2012 each Member of Parliament will have to legislate on the minimum and maximum land holding per acreage as required by Article 68 which was authorized for legislation in 18 months that passed 26th February 2012. Parliament through article 261 clause 2 extended the decision by 60 days. Kenyans will thereof know how much land one can own as minimum and maximum private land.
Terry Kairu, Kiambu senate aspirant, says the real land bill that she is working on will be passed 60 days after next government is formed with the support of more than 12 million voters nationwide.
Kenyans in August 2010 passed the following laws in regard to land.
Constitutional Law as regards to land
CHAPTER FIVE — LAND & ENVIRONMENT
60. (1) Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principles—
(a) equitable access to land;
(b) security of land rights;
(c) sustainable and productive management of land resources;
(d) transparent and cost effective administration of land;
(e) sound conservation and protection of ecologically sensitive areas;
(f) elimination of gender discrimination in law, customs and practices related to land and property in land; and
(g) encouragement of communities to settle land disputes through recognised local community initiatives consistent with this Constitution.
(2) These principles shall be implemented through a national land policy developed and reviewed regularly by the national government and through legislation.
61. (1) All land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals.
(2) Land in Kenya is classified as public, community or private.
62. (1) Public land is—
(a) land which at the effective date was unalienated government land as defined by an Act of Parliament in force at the effective date;
(b) land lawfully held, used or occupied by any State organ, except any such land that is occupied by the State organ as lessee under a private lease;
(c) land transferred to the State by way of sale, reversion or surrender;
(d) land in respect of which no individual or community ownership can be established by any legal process;
(e) land in respect of which no heir can be identified by any legal process;
(f) all minerals and mineral oils as defined by law;
(g) government forests other than forests to which Article 63 (2)
(d) (i) applies, government game reserves, water catchment areas, national parks, government animal sanctuaries, and specially protected areas;
(h) all roads and thoroughfares provided for by an Act of Parliament;
(i) all rivers, lakes and other water bodies as defined by an Act of Parliament;
(j) the territorial sea, the exclusive economic zone and the sea bed;
(k) the continental shelf;
(l) all land between the high and low water marks;
(m) any land not classified as private or community land under this Constitution; and
(n) any other land declared to be public land by an Act of Parliament—
(i) in force at the effective date; or
(ii) enacted after the effective date.
(2) Public land shall vest in and be held by a county government in trust for the people resident in the county, and shall be administered on their behalf by the National Land Commission, if it is classified under—
(a) clause (1) (a), (c), (d) or (e); and
(b) clause (1) (b), other than land held, used or occupied by a national State organ.
(3) Public land classified under clause (1) (f) to (m) shall vest in and be held by the national government in trust for the people of Kenya and shall be administered on their behalf by the National Land Commission.
(4) Public land shall not be disposed of or otherwise used except in terms of an Act of Parliament specifying the nature and terms of that disposal or use.
63. (1) Community land shall vest in and be held by communities identified on the basis of ethnicity, culture or similar community of interest.
(2) Community land consists of—
(a) land lawfully registered in the name of group representatives under the provisions of any law;
(b) land lawfully transferred to a specific community by any process of law;
(c) any other land declared to be community land by an Act of Parliament; and
(d) land that is—
(i) lawfully held, managed or used by specific communities as community forests, grazing areas or shrines;
(ii) ancestral lands and lands traditionally occupied by hunter-gatherer communities; or
(iii) lawfully held as trust land by the county governments, but not including any public land held in trust by the county government under Article 62 (2).
(3) Any unregistered community land shall be held in trust by county governments on behalf of the communities for which it is held.
(4) Community land shall not be disposed of or otherwise used except in terms of legislation specifying the nature and extent of the rights of members of each community individually and collectively.
(5) Parliament shall enact legislation to give effect to this Article.
64. Private land consists of —
(a) registered land held by any person under any freehold tenure;
(b) land held by any person under leasehold tenure; and
(c) any other land declared private land under an Act of Parliament.
65. (1) A person who is not a citizen may hold land on the basis of leasehold tenure only, and any such lease, however granted, shall not exceed ninety-nine years.
(2) If a provision of any agreement, deed, conveyance or document of whatever nature purports to confer on a person who is not a citizen an interest in land greater than a ninety-nine year lease, the provision shall be regarded as conferring on the person a ninety-nine year leasehold interest, and no more.
(3) For purposes of this Article—
(a) a body corporate shall be regarded as a citizen only if the body corporate is wholly owned by one or more citizens; and
(b) property held in trust shall be regarded as being held by a citizen only if all of the beneficial interest of the trust is held by persons who are citizens.
(4) Parliament may enact legislation to make further provision for the operation of this Article.
66. (1) The State may regulate the use of any land, or any interest in or right over any land, in the interest of defence, public safety, public order, public morality, public health, or land use planning.
(2) Parliament shall enact legislation ensuring that investments in property benefit local communities and their economies.
67. (1) There is established the National Land Commission.
(2) The functions of the National Land Commission are—
(a) to manage public land on behalf of the national and county governments;
(b) to recommend a national land policy to the national government;
(c) to advise the national government on a comprehensive programme for the registration of title in land throughout
(d) to conduct research related to land and the use of natural resources, and make recommendations to appropriate
(e) to initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and
recommend appropriate redress;
(f) to encourage the application of traditional dispute resolution mechanisms in land conflicts;
(g) to assess tax on land and premiums on immovable property in any area designated by law; and
(h) to monitor and have oversight responsibilities over land use planning throughout the country.
(3) The National Land Commission may perform any other functions prescribed by national legislation.
68. Parliament shall—
(a) revise, consolidate and rationalise existing land laws;
(b) revise sectoral land use laws in accordance with the principles set out in Article 60 (1); and
(c) enact legislation—
(i) to prescribe minimum and maximum land holding acreages in respect of private land;
(ii) to regulate the manner in which any land may be converted from one category to another;
(iii) to regulate the recognition and protection of matrimonial property and in particular the matrimonial home during and on the termination of marriage;
(iv) to protect, conserve and provide access to all public land;
(v) to enable the review of all grants or dispositions of public land to establish their propriety or legality;
(vi) to protect the dependants of deceased persons holding interests in any land, including the interests of spouses
in actual occupation of land; and
(vii) to provide for any other matter necessary to give effect to the provisions of this Chapter.
CHAPTER EIGHTEEN — TRANSITIONAL AND CONSEQUENTIAL PROVISIONS
261. (1) Parliament shall enact any legislation required by this Constitution to be enacted to govern a particular matter within the period specified in the Fifth Schedule, commencing on the effective date.
(2) Despite clause (1), the National Assembly may, by resolution supported by the votes of at least two-thirds of all the members of the National Assembly, extend the period prescribed in respect of any particular matter under clause (1), by a period not exceeding one year.
(3) The power of the National Assembly contemplated under clause (2), may be exercised—
(a) only once in respect of any particular matter; and
(b) only in exceptional circumstances to be certified by the Speaker of the National Assembly.
(4) For the purposes of clause (1), the Attorney-General, in consultation with the Commission for the Implementation of the Constitution, shall prepare the relevant Bills for tabling before Parliament, as soon as reasonably practicable, to enable Parliament to enact the legislation within the period specified.
(5) If Parliament fails to enact any particular legislation within the specified time, any person may petition the High Court on the matter.
(6) The High Court in determining a petition under clause (5) may—
(a) make a declaratory order on the matter; and
(b) transmit an order directing Parliament and the Attorney-General to take steps to ensure that the required legislation is enacted, within the period specified in the order, and to report the progress to the Chief Justice.
(7) If Parliament fails to enact legislation in accordance with an order under clause (6) (b), the Chief Justice shall advise the President to dissolve Parliament and the President shall dissolve Parliament.
(8) If Parliament has been dissolved under clause (7), the new Parliament shall enact the required legislation within the periods mentioned in the Fifth Schedule beginning with the date of commencement of the term of the new Parliament.
(9) If the new Parliament fails to enact legislation in accordance with clause (8), the provisions of clauses (1) to (8) shall apply afresh.
FIFTH SCHEDULE (Article 261 (1)) LEGISLATION TO BE ENACTED BY PARLIAMENT
Chapter Five—Land and Environment
Community land (Article 63) Five years
Regulation of land use and property (Article 66) Five years
Legislation on land (Article 68) 18 months
Agreements relating to natural resources (Article 71) Five years
Legislation regarding environment (Article 72) Four years