Land holding in Kenya: unpacking the concept of efficiency under Article 60(1) of the Constitution of Kenya 2010
Date
2020-11
Authors
Maina, Margaret Wanjiku
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
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.
Description
The universal definition of efficiency denotes measuring whether resources are being utilized to get the most value for money.1 Another form of efficiency includes overall economic efficiency which is achieved when individuals in society maximize their utility,2 given the resources available in the economy. Consequently– as regulators such as the legislature strive to achieve - an increase in economic efficiency of holding land improves the wellbeing of the members of the community.3 However, to achieve efficient use of resources, it is vital to understand what constitutes efficiency.