An Evaluation of the efficacy of the the current land laws in resolving public land grabbing in Kenya

Abstract

Public land grabbing in Kenya traces its roots to the post-colonial era when the government of Kenya began buying back Kenyan land from the colonialists so as to settle the landless natives. However, this process was marred with irregularities which saw politicians, the elite and their associates benefit and amass large tracts of land. Over time, by different governments, various land reforms have been put in place to address the issue. When the new Constitution of Kenya was promulgated in 2010, it in turn led to an overhaul of the land laws in Kenya. Resultantly, three new Acts: the Land Act, the National Land Commission Act and the Land Registration Act were enacted in 2012. This study explores the causes and impacts of public land grabbing and evaluates the efficacy of the new land laws in addressing the problem of public land grabbing in Kenya. It explores the limitations of the legal framework in solving public land grabbing. The study also evaluates the institutions mandated with land administration and management and their ability to deal with the public land grabbing problem.