The land issue is a major source of conflict between communities, clans, families and relatives. To add to this, the land and property market in Kenya has been invaded by crooks with a variety of malpractices that will leave unsuspecting property investors crying foul. Wankim Investments highlights main of the rules and regulations

governing ownership and acquisition of land as inscribed in the Constitution so as to increase awareness among our clients and followers.

The Laws Governing Management & Administration of Land in Kenya

Land administration is the process of registration and dissemination of information in relation to land transactions. A good land administration system should provide land title guarantee and land tenure security, supports the process of land taxation and land development, and guides land transactions. A cadastre, defined as a parcel based and up-to-date land information system containing a record of interest in land is the core or basis of a land administration system. On the other hand, land rights delivery is a process, which entails the mobilization of institutional mechanisms and personnel for ascertainment of rights, registration, planning, demarcation and/or survey, and the preparation of cadastres.

The Land Act  CAP.280 (Act No.6 of 2012)

Application

This Act shall apply to all land declared as—

(a) public land under Article 62 of the Constitution;

(b) private land under Article 64 of the Constitution; and

(c) community land under Article 63 of the Constitution and any other written law relating to community land.

Guiding values and principles.

(1). The guiding values and principles of land management and administration in this section bind all State organs, State officers, public officers and all persons whenever any of them

                (a) enacts, applies or interprets any provisions of this Act; and

                (b) makes or implements public policy decisions.

(2) In the discharge of their functions and exercise of their powers under this Act, the Commission and any State officer or public officer shall be guided by the following values and 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) conservation and protection of ecologically sensitive areas;

                (f) elimination of gender discrimination in law, customs and practices related to land and property in land;

                (h) encouragement of communities to settle land disputes through recognized local community initiatives;

                (i) participation, accountability and democratic decision making within communities, the public and the Government;

                (j) technical and financial sustainability;

                (k) affording equal opportunities to members of all ethnic groups;

                (l) non-discrimination and protection of the marginalized; and

                (m) democracy, inclusiveness and participation of the people; and

                (k) alternative dispute resolution mechanisms in land dispute handling and management.

Forms of Tenure

(1) There shall be the following forms of land tenure-

                (a) freehold;

                (b) leasehold;

                (c) such forms of partial interest as may be defined under this Act and other law, including but not limited to easements; and

                (d) customary land rights, where consistent with the Constitution.

(2) There shall be equal recognition and enforcement of land rights arising under all tenure systems and nondiscrimination in ownership of, and access to land under all tenure systems.