| dc.description.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. | en |
