Genealogy of Land Ownership, Use and Management Problems in Kenya During the Pre-August 2010 Constitution Period. A Review

Abstract

This paper provides a foundation for understanding various social, legal, economic and political aspects that impinge on land and land use management in Kenya. It provides an ‘archaeology’ of land ownership and land use problems, which indicates that these problems are historically and culturally contingent. The paper presents a brief historical review of land ownership and land use to build an understanding of how historical aspects relate to customary land use and how the superimposition by English land laws during the colonial period affected (and continues to affect) land use and its management. This paper also describes the legislative framework that guides land ownership, use and management in Kenya. A further review of legal aspects on land management and land resource use planning is offered in order to examine how a sectoral approach to policy formulations and enforcement has affected planning. Included in the review are statutes that address land tenure, land use legislation, environmental legislation, forestry legislation, water laws, the Public Health Act, the Constitution of Kenya, planning legislation, and the Local Government Act. In addition, the paper looks at the enforcement aspects of land use planning laws.