Land holding in Kenya: unpacking the concept of efficiency under Article 60(1) of the Constitution of Kenya 2010

Abstract

In Kenya, the principle of efficient land holding is espoused in Article 60(1) of the Constitution of Kenya. This supreme law requires that land be held in a manner that is efficient. However, there is a lack of a framework to facilitate the understanding of what the concept of efficiency, specifically efficient land holding entails in its entirety. Failure to understand this principle in its entirety will result in legislative attempts that are defective and judgements by the court that do not reflect the principle of efficiency. Furthermore, the allocations that are made by institutional officers following the legislation and judgements will fall short of bringing to life this principle.