AGROVOC URI: http://aims.fao.org/aos/agrovoc/c_1791
Kenya is currently implementing a number of large scale infrastructure and development projects aimed at trans forming the country into a newly industrializing, middle-income country. For this, the government has had to compulsorily acquire large tracts of land upon which the infrastructure is set.
The Land Act, 2012
The Land Registration Act, 2012
The National Land Commission Act, 2012
The Environment & Land Court Act, 2011
The Urban Areas & Cities Act, 2011
THE COMMUNITY LAND ACT No. 27 of 2016
Date of Assent: 3lst August,2016
Date of Commencement : 2 I st September, 201 6
THE MINING ACT No. 12 of 2016
Date of Assent: 6th May, 2016
Date of Commencement: 27th May, 2016
THE WILDLIFE CONSERVATION AND MANAGEMENT ACT, 2013 No. 47 of 2013
Date of Assent: 24th December, 2013
Date of Commencement: 10th January, 2014
A BILL for AN ACT of Parliament to provide a framework for the contracting, exploration, development and production of petroleum; cessation of upstream petroleum operations; to give effect to relevant articles of the Constitution in so far as they apply to upstream petroleum operations; and for connected purposes.
A Bill for AN ACT of Parliament to consolidate the laws relating to energy, to provide for National and County Government functions in relation to energy,to provide for the establishment, powers and functions of the energy sector entities; promotion of renewable energy; exploration, recovery and commercial utilization of geothermal energy; regulation of midstream and downstream petroleum and coal activities; regulation, production, supply and use of electricity and other energy forms; and for connected purposes.
Kenya’s Vision 2030 aims at transforming the country into a newly industrialized middle income country
and infrastructural development is high on the agenda to achieve this. Competing land uses and existing
interests in land make the use of eminent domain by government in acquiring land inevitable. However
most of the land earmarked for compulsory acquisition comprises of un- registered land whose interests
Illegal and irregular allocations of public land were a common feature of the Moi regime and perhaps it’s most pervasive corrupt practice. The Ndung’u Report as well as various reports of the Public Investment Committee details numerous cases of public land illegal allocated to individuals and companies in total disregard of the law and public interest. Most allocations were made to politically correct individuals without justification and resulted in individuals being unjustly enriched at great cost to the people of Kenya.
In the recent past, high profile cases involving land governance problems have been thrust into the public domain. These include the case involving the grabbing of a playground belonging to Lang’ata Road Primary School in Nairobi and the tussle over a 134 acre piece of land in Karen. Land ownership and use have been a great source of conflict among communities and even families in Kenya, a situation exacerbated by corruption.
Land Registration and Administration in Kenya is currently operated on a multi-legal platform [UN 2013]. The Land Registration Act No. 3 of 2012 (LRA) was in that regard enacted to consolidate, harmonize and rationalize land registration goals; which are yet to be achieved. This is majorly because in as much as the 2012 statute repealed five out of the seven major land registration laws, they all remain in force under LRA’s transitional clauses. The Government of Kenya is making efforts to avail land registration information online via the e-citizen platform.
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