Discussion Paper No. 15 of 2002 on Land Laws and Land Use in Kenya: Implications for Agricultural Development

Abstract

Land is both a ‘social’ and economic asset. As an economic asset, land works either as a financial tool or production tool. Land as a production tool is essential in production of agricultural goods. At the same time, land can be held as a hedge against inflation and for speculation. In so far as land is a factor of production and a store of value, it also has great social and political significance. Access, ownership and use of land in society depends on the legal structures governing land access and use. In Kenya, there is an elaborate system of formal and informal rules that govern access and use of land. They range from unwritten taboos, customs and traditions to various legislation, and the constitution. This paper attempts to analyse the various regulations that impact on land use and therefore agricultural development in Kenya. The paper reviews the various land laws, examines the relationship between the various laws, and provides a pointer to the effects of such law on agricultural land use. The research reveals that Kenya has a plethora of laws regulating land access and management of land and land-based resources. This multiplicity in laws has created gaps, conflicts and contradictions in the application of the laws, and these have implications on land use and agricultural development in Kenya. The overall legal framework and its resultant tenurial arrangements has inhibited the emergence of a vibrant land market, which is key for agricultural development. There is need to re-examine land laws in Kenya with a view to repealing, amending or revising them. More importantly, there is need to harmonise land laws in Kenya and work towards a comprehensive land use policy.