An Act to amend the Crown Lands Ordinance, 1960

THE MINES AND MINERALS ACT, 2009
ARRANGEMENT OF SECTIONS

Being an Act to provide for the registration and regulation of companies and for other related matters.

This study exemplifies the relationship, commonly found in developing countries, between the domain of public law and the sphere of property law. More particularly, the study examines the place of aliens in Kenya with respect to property rights, notably rights to land. The Kenyan Constitution expressly deals with the question of discriminatory laws. Section 82(4)(a) allows the making of laws that discriminate between citizens and noncitizens. This gives validity to the various statutory provisions that restrict the acquisition of property by aliens.

The various legal, political, economic and social perspectives that have influenced the land reform discourse in Kenya are examined. The historical perspectives of the land question in Kenya are outlined, and the factors that shaped the content of Kenya's land law and attendant institutional and constitutional regimes are addressed. The operationalization of the legal regimes and policy frameworks emergent from the colonial legacy is also extensively dealt with, focusing on the way the state has sought to balance private and public interests in land through the instruments of law.