Forfeiture of Leasehold Rights in Land: A Review of Circumstances and Processes, 2023
This paper reviews the concept of Forfeiture in terms of leasehold land. It discusses the circum... more This paper reviews the concept of Forfeiture in terms of leasehold land. It discusses the circumstances, process and legal provisions through which lessor can recover and reposes leased land through forfeiture proceedings. The paper is developed from desktop analysis of different literature including legislation, official documents and related literature
Limits of Registered Rights to Land and Grounds for Defeasibility of Title in Kenya, 2023
Many people in Kenya and outside, consider a certificate of title to land as something that canno... more Many people in Kenya and outside, consider a certificate of title to land as something that cannot be defeated. Perceptions of the strength of ownership based on certificate of title predominate all senses of land ownership in urban and rural areas. Many land owners seem not to understand the limits of their entitlement to land through registration. This brief article look into circumstances under which registered rights in land contained in a certificate of title may be defeated. Legally sanctioned interests of others and those of the state or its agencies, make any private title vulnerable to defeat and extinction. Given that registration of rights and interests in land can occur by error, incorrect procedure, or fraud, the significance of registration on ownership rights becomes subject to many tests.
Forfeiture of Leasehold Rights in Land: A Review of Circumstances and Processes, 2023
This paper deals with recovery of leasehold land by the lessor through forfeiture. It provides fo... more This paper deals with recovery of leasehold land by the lessor through forfeiture. It provides for circumstances and procedures for forfeiture of leasehold land in Kenya and related countries . The paper is based on Desktop analysis of legislative instruments and other relevant documents and literature.
ABSTRACT This study utilizes secondary data to assess and describe the state of land ownership, t... more ABSTRACT This study utilizes secondary data to assess and describe the state of land ownership, tenure and tenure systems in the informal settlements of Nairobi, Kenya. There are 206 informal settlements in Nairobi covering an area of approximately1184 hectares and hosting a population of more than 1,382,205 people or approximately 60% of the total population of Nairobi. Land tenure systems are defined as structures and processes of delivering access and rights in land. It comprises possible bases for land allocation, security of tenure, transactions of property and land, land use and management of land disputes. In this paper we look at the categories of land tenure in the informal settlements and how developers of informal settlements in Nairobi access land, secure their rights, control transactions and solve land related deputes. The findings indicate that there are seven main categories of land tenure in the informal settlements of Nairobi. These include freehold land (2.6%), un...
Freehold land holding has been perceived by the planning fraternity as an impediment to achieveme... more Freehold land holding has been perceived by the planning fraternity as an impediment to achievement of orderly, efficient, optimal and sustainable use of land resources. In Kenya, serious physical planning has always avoided free hold land in urban areas. This has resulted into serious problems related to lack of a comprehensive approach to planning. Planning on free hold land in these zones has always been undertaken through piecemeal subdivision schemes of individual parcels by private planners. The overall outcome however does not reflect a systematic comprehensive planning thought or continuity and often results in disorderly and substandard development. In this paper I dispel the long held belief that the Government has no power to guide and control developments on freehold land. I argue that 'freeness' in freehold land tenure refers to the manner of holding or ownership and not use. This comes from an ontological analysis of the term 'Freehold'. I argue that by guiding and controlling developments through planning on freehold land, the Government does not reduce the value of freehold land but increases it; and that directing development on freehold land does not affect 'freeness' of the holding. The study dispel the long held beliefs that holders of free hold land have a right to use it the way they want or even misuse it. A freehold land has two main titles: ownership entitlement and planning title. Freeness in holding affects the ownership side of a title which includes the right to own to the exclusion of others including the government, the right to control, dispose and use the land for own benefit; but does not include use of land in any manner the owner wants. The second side of the title has been called 'planning title' or 'development permission' this title is a shared responsibility between government agencies responsible for sustainable use of land resources and the land owner. The custody of this title is the planning authority for a given area. The study suggests a land tenure based development control model which uses special area plans to guide development on freehold land in urban areas. Tenure is defined as terms and conditions of holding a title to land. The model allows planning authorities to tinker with freehold rights to effect planning on freehold land through prohibitory measures and recognition of land use and development control as an overriding interest. This paper is a good starting point for effecting planning and development on freehold land in urban areas but the thoughts may be extended to cover freehold agricultural land in rural areas to increase productivity. This paper is expected to contribute towards implementation of section 56, 57 and 58 of the proposed physical planning bill 2014 and provides a basic model for county Governments to prepare by-laws to enable preparation of special area plans on freehold land and to control development thereon. The study argues for increased Government involvement in development on freehold and customary land in urban areas in Kenya.
Freehold land holding has been perceived by the planning fraternity as an impediment to achieveme... more Freehold land holding has been perceived by the planning fraternity as an impediment to achievement of orderly, efficient, optimal and sustainable use of land resources. In Kenya, serious physical planning has always avoided free hold land in urban areas. This has resulted into serious problems related to lack of a comprehensive approach to planning. Planning on free hold land in these zones has always been undertaken through piecemeal subdivision schemes of individual parcels by private planners. The overall outcome however does not reflect a systematic comprehensive planning thought or continuity and often results in disorderly and substandard development. In this paper I dispel the long held belief that the Government has no power to guide and control developments on freehold land. I argue that 'freeness' in freehold land tenure refers to the manner of holding or ownership and not use. This comes from an ontological analysis of the term 'Freehold'. I argue that by guiding and controlling developments through planning on freehold land, the Government does not reduce the value of freehold land but increases it; and that directing development on freehold land does not affect 'freeness' of the holding. The study dispel the long held beliefs that holders of free hold land have a right to use it the way they want or even misuse it. A freehold land has two main titles: ownership entitlement and planning title. Freeness in holding affects the ownership side of a title which includes the right to own to the exclusion of others including the government, the right to control, dispose and use the land for own benefit; but does not include use of land in any manner the owner wants. The second side of the title has been called 'planning title' or 'development permission' this title is a shared responsibility between government agencies responsible for sustainable use of land resources and the land owner. The custody of this title is the planning authority for a given area. The study suggests a land tenure based development control model which uses special area plans to guide development on freehold land in urban areas. Tenure is defined as terms and conditions of holding a title to land. The model allows planning authorities to tinker with freehold rights to effect planning on freehold land through prohibitory measures and recognition of land use and development control as an overriding interest. This paper is a good starting point for effecting planning and development on freehold land in urban areas but the thoughts may be extended to cover freehold agricultural land in rural areas to increase productivity. This paper is
this small booklet guides on what do to to obtain access to land title in kenya; your rights and ... more this small booklet guides on what do to to obtain access to land title in kenya; your rights and obligations as a land owner; methods of resolving disputes related to land; and institutions managing land in kenya.The booklet is set to serve as a source of information for the citizenry on procedures and processes of land administration in kenya.
Preamble This report is prepared in fulfillment of the requirement of the physical planners‟ regi... more Preamble This report is prepared in fulfillment of the requirement of the physical planners‟ registration board for an oral presentation of a project. The report presents procedures and processes used in the preparation of Maralal integrated strategic urban development plan, 2011-2030. This work was undertaken by a multidisciplinary team of experts from both physical planning and related professions. The work includes inputs from various relevant stakeholders from the government departments, NGOs, CBOs key informants and citizens. My roles in the Maralal ISUDP project included facilitation stakeholder workshop, coordination of the multi-disciplinary team of expert, team leadership for the land management and environmental thematic group, and assistant planner to the lead-planner. The project was undertaken by the Associates in Integrated Development (IDAL) on behave of the former Ministry of Local Government (MLG) and Ministry of Lands and Settlement (MLS). However, I take responsibility for the views expressed in this report and absolve IDAL, MLG and MLS from any errors, misrepresentations or inaccuracies that may be found in the report
Land is fundamental to the shelter process. If there is no land on which to build housing, then n... more Land is fundamental to the shelter process. If there is no land on which to build housing, then none can be built, irrespective of the availability of the other inputs required for shelter provision. In particular, an adequate supply of land is required in the right place, at the right time, and at an affordable price for the poor. If not, poor people will continue to be forced into unplanned slums and informal settlements, developed outside the regulatory framework. This has adverse consequences for orderly urban development, service provision, and the housing and welfare rights of all urban dwellers, but in particular the poor and vulnerable and disadvantaged groups.
Land Registration: A review of Rationale, Mechanics and Typologies, 2019
This article presents a desktop review of the processes, rationale, and mechanics of land registr... more This article presents a desktop review of the processes, rationale, and mechanics of land registration utilized in Kenya. the articles intents to enlighten landowners, practitioners and scholars on some of the pertinent issues contained in the practice land registration and the reasoning behind it.
The Story of Land Adjudication in Kenya: Paradoxes, Uncertainties and Reversionary Tendencies
Land adjudication was a landmark land reform policy in Kenya aimed at individualization of land o... more Land adjudication was a landmark land reform policy in Kenya aimed at individualization of land ownership in rural areas. The process, though hinged on strong political undertones aimed at addressing violent appraising related to land, had very good intentions of converting land into a valuable asset that can leverage capital and stimulate rural development and poverty reduction through agricultural intensification. However, with time this dream seem to have turned sour on account of legislations and implementation policies that failed to acknowledge existing essential elements of traditional land tenure regimes. The resulting scenarios from adjudication are not pleasant. The exotic complexities infused in the adjudication process have failed over time to annihilate the more potent customary land ownership ghost that still governs land transactions from one part to the other. More than 70% of land transactions and succession cases are still undertaken under the traditional rules without the necessity of official titles. This has led to escalation of land disputes and conflicts which the adjudication process initially sought to eliminate. Having travelled too far with individualization of community land, land owners find themselves between the desire to adapt or revert back to traditional systems. This paper presents the story of land adjudication in Kenya as a precursor of combination of uncertainties and paradoxes that contribute towards continued rural underdevelopment in Kenya.
Adverse possession is one of the most contentious methods of acquiring property. Adverse possessi... more Adverse possession is one of the most contentious methods of acquiring property. Adverse possession is defined as a method of gaining legal title to real property by the actual, open, hostile, and continuous possession of it to the exclusion of its true owner for the period prescribed by state law 1. Other sources observe that 'adverse possession concerns rights acquired over land through exclusive use and possession adverse to the ownership rights of another person' 2. The competing interests in the doctrine of adverse possession include 'use and possession' on one hand and 'legal ownership rights' on the other. In its most basic sense, " adverse possession " is a legal doctrine that allows a person to acquire legal ownership of property that he treats as his own, if he does so for a long enough period of time, even though the property is not his own 3. In other words, a person who uses another person's property, without permission, for a long enough period of time, can acquire legal ownership of that property. All in all, adverse possession means possession inconsistent with the title of the owner and has an element of denial of the owner's title in one form or another. The legal theory underlying the vesting of title by adverse possession is that title to land must be certain and fully consummated as not to leave any iota of doubt about who the true owner is; a state where one party has legal ownership and another party occupies, and is in physical possession of the land creates uncertaininty in a title. It is assumed that since the owner has, by his or her own fault and neglect, failed to protect the land against the hostile actions of the adverse possessor, an adverse possessor who has treated the land as his or her own for a significant period of time is recognized as the owner by law. What this also means is that, the true owner of the land has a prescribed statutory period within which to eject the invader from his land. Adverse possession is a sort of punishment meted to the land owners for failure to exercise vigilance over his property. It is a warning to the land owners that failure to safeguard possessory rights over land for a certain period of time may result in the permanent loss of the landowner's interest in the
Introduction Land registration generally describes methods by which matters concerning ownership,... more Introduction Land registration generally describes methods by which matters concerning ownership, possession, or other rights in land are recorded (usually with a government agency or department) to provide evidence of title, facilitate transactions, and to prevent unlawful disposal. Land registration systems are generally described as legal structures and processes put up by the state through which land ownership rights and other interests in land are legally recognized and preserved. It has been described as state sanctioned and protected recordation of title and other interests in land that forms an official record of rights and interests in land. A better understanding of the nature of land registration requires us to understand the rationale, mechanics, typologies and salient features of land registration theory.
Litigations relating to compulsory acquisition of land by the government are increasing in Kenya ... more Litigations relating to compulsory acquisition of land by the government are increasing in Kenya in tandem with desire by the government to acquire land for building new infrastructural facilities and expanding existing ones within major urban centres and along major highways. The main purpose of this study is to understand the main grounds for litigation; criteria for judgement and precedence on cases related to compulsory acquisition in Kenyan courts. The study elaborates on the concept, meaning, circumstances and procedures of compulsory acquisition; indicate the most prevalent grounds for litigation on compulsory acquisition in Kenya; the rationale for rulings delivered by Kenyan courts and; identifies some of the most notable precedence in court rulings that may help expand our knowledge of the aspects of land acquisition in Kenya. The study uses an explorative research design and thematic analysis of the past court proceedings in Kenya to identify the most prevalent points of litigation, defence line, rationale for judgement and notable precedent if any. The main sources of data include desktop review of literature and analysis of past court proceedings on compulsory acquisition in Kenyan courts. The findings of the study indicate that challenges to compulsory acquisition in Kenya mostly involve issues of abused process and procedure (87%), lack prompt payment or disputed valuation (10.6%), unjustified acquisition (2.1%). Many cases relating to compulsory acquisitions that end up in court involve instances where the Government seizes private land in violation of article 40 and 47 of the constitution. In summary therefore, the study has found that many of the litigations on compulsory acquisition originate from abuse of procedure by the government or its agencies in violation of section 40 and 47 of the constitution; disputed land values, and delayed compensation; lack of transparency in procedure; unjustified acquisition; disputed ownership, propriety rights and interest in land
Land is fundamental to the shelter process. If there is no land on which to build housing, then n... more Land is fundamental to the shelter process. If there is no land on which to build housing, then none can be built, irrespective of the availability of the other inputs required for shelter provision. In particular, an adequate supply of land is required in the right place, at the right time, and at an affordable price for the poor. If not, poor people will continue to be forced into unplanned slums and informal settlements, developed outside the regulatory framework. This has adverse consequences for orderly urban development, service provision, and the housing and welfare rights of all urban dwellers, but in particular the poor and vulnerable and disadvantaged groups. Abstract Slum upgrading efforts in Kenya got a boost with the inauguration of Kenya slum upgrading programme (KENSUP) in 2003. This is a collaborative initiative between the government of Kenya and UNHABITAT who work together with a variety of other partners to address the problem of slums. Further indication of serious focus on the problem of informal settlements in Kenya has been indicated by another World Bank sponsored Kenya informal settlement improvement programme (KISIP). While all this may excite hope in the over 1.4 million slum dwellers in Nairobi with the big promise for improvement in their living conditions, the implementation process seem to be bedeviled with myriad obstacles that may not be easy to surmount. Some of the most obvious obstacles include lack of space for decanting, high population densities, absolute poverty and resistance from structure owners commonly called slumlords. This paper is going look into some of land related challenges facing slum upgrading efforts in Kenya. The study utilizes information from previous experiences with slum upgrading to illustrate some of the land related factors that have constrained the achievement of anticipated results in the slum upgrading programmes. This is a desktop study that utilizes literature review, government reports and documents and NGO studies to point out pertinent land related obstacles to slum upgrading process in Nairobi.
Project presented to the physical planners registration board to certify the requirement of the o... more Project presented to the physical planners registration board to certify the requirement of the oral presentation for the year 2016. The report contribute towards the development control/ implementation of plans (5.4.4) and the constitution and legal issues (5.4.8) part of the physical planners registration board syllabus
procedures and processes of land administration inkenya, 2019
this is a handbook that is aimed at guiding landowners and practitioners on matters related to la... more this is a handbook that is aimed at guiding landowners and practitioners on matters related to land administration in Kenya. It is an updated version published in 2019 and incorporates most of the recent changes in the land laws. This version includes procedures and processes of recognizing, protecting, adjudicating and administering community land.. the chapter on land registration has been expanded to capture procedures for rectification of errors and fraud in the land register.
Forfeiture of Leasehold Rights in Land: A Review of Circumstances and Processes, 2023
This paper reviews the concept of Forfeiture in terms of leasehold land. It discusses the circum... more This paper reviews the concept of Forfeiture in terms of leasehold land. It discusses the circumstances, process and legal provisions through which lessor can recover and reposes leased land through forfeiture proceedings. The paper is developed from desktop analysis of different literature including legislation, official documents and related literature
Limits of Registered Rights to Land and Grounds for Defeasibility of Title in Kenya, 2023
Many people in Kenya and outside, consider a certificate of title to land as something that canno... more Many people in Kenya and outside, consider a certificate of title to land as something that cannot be defeated. Perceptions of the strength of ownership based on certificate of title predominate all senses of land ownership in urban and rural areas. Many land owners seem not to understand the limits of their entitlement to land through registration. This brief article look into circumstances under which registered rights in land contained in a certificate of title may be defeated. Legally sanctioned interests of others and those of the state or its agencies, make any private title vulnerable to defeat and extinction. Given that registration of rights and interests in land can occur by error, incorrect procedure, or fraud, the significance of registration on ownership rights becomes subject to many tests.
Forfeiture of Leasehold Rights in Land: A Review of Circumstances and Processes, 2023
This paper deals with recovery of leasehold land by the lessor through forfeiture. It provides fo... more This paper deals with recovery of leasehold land by the lessor through forfeiture. It provides for circumstances and procedures for forfeiture of leasehold land in Kenya and related countries . The paper is based on Desktop analysis of legislative instruments and other relevant documents and literature.
ABSTRACT This study utilizes secondary data to assess and describe the state of land ownership, t... more ABSTRACT This study utilizes secondary data to assess and describe the state of land ownership, tenure and tenure systems in the informal settlements of Nairobi, Kenya. There are 206 informal settlements in Nairobi covering an area of approximately1184 hectares and hosting a population of more than 1,382,205 people or approximately 60% of the total population of Nairobi. Land tenure systems are defined as structures and processes of delivering access and rights in land. It comprises possible bases for land allocation, security of tenure, transactions of property and land, land use and management of land disputes. In this paper we look at the categories of land tenure in the informal settlements and how developers of informal settlements in Nairobi access land, secure their rights, control transactions and solve land related deputes. The findings indicate that there are seven main categories of land tenure in the informal settlements of Nairobi. These include freehold land (2.6%), un...
Freehold land holding has been perceived by the planning fraternity as an impediment to achieveme... more Freehold land holding has been perceived by the planning fraternity as an impediment to achievement of orderly, efficient, optimal and sustainable use of land resources. In Kenya, serious physical planning has always avoided free hold land in urban areas. This has resulted into serious problems related to lack of a comprehensive approach to planning. Planning on free hold land in these zones has always been undertaken through piecemeal subdivision schemes of individual parcels by private planners. The overall outcome however does not reflect a systematic comprehensive planning thought or continuity and often results in disorderly and substandard development. In this paper I dispel the long held belief that the Government has no power to guide and control developments on freehold land. I argue that 'freeness' in freehold land tenure refers to the manner of holding or ownership and not use. This comes from an ontological analysis of the term 'Freehold'. I argue that by guiding and controlling developments through planning on freehold land, the Government does not reduce the value of freehold land but increases it; and that directing development on freehold land does not affect 'freeness' of the holding. The study dispel the long held beliefs that holders of free hold land have a right to use it the way they want or even misuse it. A freehold land has two main titles: ownership entitlement and planning title. Freeness in holding affects the ownership side of a title which includes the right to own to the exclusion of others including the government, the right to control, dispose and use the land for own benefit; but does not include use of land in any manner the owner wants. The second side of the title has been called 'planning title' or 'development permission' this title is a shared responsibility between government agencies responsible for sustainable use of land resources and the land owner. The custody of this title is the planning authority for a given area. The study suggests a land tenure based development control model which uses special area plans to guide development on freehold land in urban areas. Tenure is defined as terms and conditions of holding a title to land. The model allows planning authorities to tinker with freehold rights to effect planning on freehold land through prohibitory measures and recognition of land use and development control as an overriding interest. This paper is a good starting point for effecting planning and development on freehold land in urban areas but the thoughts may be extended to cover freehold agricultural land in rural areas to increase productivity. This paper is expected to contribute towards implementation of section 56, 57 and 58 of the proposed physical planning bill 2014 and provides a basic model for county Governments to prepare by-laws to enable preparation of special area plans on freehold land and to control development thereon. The study argues for increased Government involvement in development on freehold and customary land in urban areas in Kenya.
Freehold land holding has been perceived by the planning fraternity as an impediment to achieveme... more Freehold land holding has been perceived by the planning fraternity as an impediment to achievement of orderly, efficient, optimal and sustainable use of land resources. In Kenya, serious physical planning has always avoided free hold land in urban areas. This has resulted into serious problems related to lack of a comprehensive approach to planning. Planning on free hold land in these zones has always been undertaken through piecemeal subdivision schemes of individual parcels by private planners. The overall outcome however does not reflect a systematic comprehensive planning thought or continuity and often results in disorderly and substandard development. In this paper I dispel the long held belief that the Government has no power to guide and control developments on freehold land. I argue that 'freeness' in freehold land tenure refers to the manner of holding or ownership and not use. This comes from an ontological analysis of the term 'Freehold'. I argue that by guiding and controlling developments through planning on freehold land, the Government does not reduce the value of freehold land but increases it; and that directing development on freehold land does not affect 'freeness' of the holding. The study dispel the long held beliefs that holders of free hold land have a right to use it the way they want or even misuse it. A freehold land has two main titles: ownership entitlement and planning title. Freeness in holding affects the ownership side of a title which includes the right to own to the exclusion of others including the government, the right to control, dispose and use the land for own benefit; but does not include use of land in any manner the owner wants. The second side of the title has been called 'planning title' or 'development permission' this title is a shared responsibility between government agencies responsible for sustainable use of land resources and the land owner. The custody of this title is the planning authority for a given area. The study suggests a land tenure based development control model which uses special area plans to guide development on freehold land in urban areas. Tenure is defined as terms and conditions of holding a title to land. The model allows planning authorities to tinker with freehold rights to effect planning on freehold land through prohibitory measures and recognition of land use and development control as an overriding interest. This paper is a good starting point for effecting planning and development on freehold land in urban areas but the thoughts may be extended to cover freehold agricultural land in rural areas to increase productivity. This paper is
this small booklet guides on what do to to obtain access to land title in kenya; your rights and ... more this small booklet guides on what do to to obtain access to land title in kenya; your rights and obligations as a land owner; methods of resolving disputes related to land; and institutions managing land in kenya.The booklet is set to serve as a source of information for the citizenry on procedures and processes of land administration in kenya.
Preamble This report is prepared in fulfillment of the requirement of the physical planners‟ regi... more Preamble This report is prepared in fulfillment of the requirement of the physical planners‟ registration board for an oral presentation of a project. The report presents procedures and processes used in the preparation of Maralal integrated strategic urban development plan, 2011-2030. This work was undertaken by a multidisciplinary team of experts from both physical planning and related professions. The work includes inputs from various relevant stakeholders from the government departments, NGOs, CBOs key informants and citizens. My roles in the Maralal ISUDP project included facilitation stakeholder workshop, coordination of the multi-disciplinary team of expert, team leadership for the land management and environmental thematic group, and assistant planner to the lead-planner. The project was undertaken by the Associates in Integrated Development (IDAL) on behave of the former Ministry of Local Government (MLG) and Ministry of Lands and Settlement (MLS). However, I take responsibility for the views expressed in this report and absolve IDAL, MLG and MLS from any errors, misrepresentations or inaccuracies that may be found in the report
Land is fundamental to the shelter process. If there is no land on which to build housing, then n... more Land is fundamental to the shelter process. If there is no land on which to build housing, then none can be built, irrespective of the availability of the other inputs required for shelter provision. In particular, an adequate supply of land is required in the right place, at the right time, and at an affordable price for the poor. If not, poor people will continue to be forced into unplanned slums and informal settlements, developed outside the regulatory framework. This has adverse consequences for orderly urban development, service provision, and the housing and welfare rights of all urban dwellers, but in particular the poor and vulnerable and disadvantaged groups.
Land Registration: A review of Rationale, Mechanics and Typologies, 2019
This article presents a desktop review of the processes, rationale, and mechanics of land registr... more This article presents a desktop review of the processes, rationale, and mechanics of land registration utilized in Kenya. the articles intents to enlighten landowners, practitioners and scholars on some of the pertinent issues contained in the practice land registration and the reasoning behind it.
The Story of Land Adjudication in Kenya: Paradoxes, Uncertainties and Reversionary Tendencies
Land adjudication was a landmark land reform policy in Kenya aimed at individualization of land o... more Land adjudication was a landmark land reform policy in Kenya aimed at individualization of land ownership in rural areas. The process, though hinged on strong political undertones aimed at addressing violent appraising related to land, had very good intentions of converting land into a valuable asset that can leverage capital and stimulate rural development and poverty reduction through agricultural intensification. However, with time this dream seem to have turned sour on account of legislations and implementation policies that failed to acknowledge existing essential elements of traditional land tenure regimes. The resulting scenarios from adjudication are not pleasant. The exotic complexities infused in the adjudication process have failed over time to annihilate the more potent customary land ownership ghost that still governs land transactions from one part to the other. More than 70% of land transactions and succession cases are still undertaken under the traditional rules without the necessity of official titles. This has led to escalation of land disputes and conflicts which the adjudication process initially sought to eliminate. Having travelled too far with individualization of community land, land owners find themselves between the desire to adapt or revert back to traditional systems. This paper presents the story of land adjudication in Kenya as a precursor of combination of uncertainties and paradoxes that contribute towards continued rural underdevelopment in Kenya.
Adverse possession is one of the most contentious methods of acquiring property. Adverse possessi... more Adverse possession is one of the most contentious methods of acquiring property. Adverse possession is defined as a method of gaining legal title to real property by the actual, open, hostile, and continuous possession of it to the exclusion of its true owner for the period prescribed by state law 1. Other sources observe that 'adverse possession concerns rights acquired over land through exclusive use and possession adverse to the ownership rights of another person' 2. The competing interests in the doctrine of adverse possession include 'use and possession' on one hand and 'legal ownership rights' on the other. In its most basic sense, " adverse possession " is a legal doctrine that allows a person to acquire legal ownership of property that he treats as his own, if he does so for a long enough period of time, even though the property is not his own 3. In other words, a person who uses another person's property, without permission, for a long enough period of time, can acquire legal ownership of that property. All in all, adverse possession means possession inconsistent with the title of the owner and has an element of denial of the owner's title in one form or another. The legal theory underlying the vesting of title by adverse possession is that title to land must be certain and fully consummated as not to leave any iota of doubt about who the true owner is; a state where one party has legal ownership and another party occupies, and is in physical possession of the land creates uncertaininty in a title. It is assumed that since the owner has, by his or her own fault and neglect, failed to protect the land against the hostile actions of the adverse possessor, an adverse possessor who has treated the land as his or her own for a significant period of time is recognized as the owner by law. What this also means is that, the true owner of the land has a prescribed statutory period within which to eject the invader from his land. Adverse possession is a sort of punishment meted to the land owners for failure to exercise vigilance over his property. It is a warning to the land owners that failure to safeguard possessory rights over land for a certain period of time may result in the permanent loss of the landowner's interest in the
Introduction Land registration generally describes methods by which matters concerning ownership,... more Introduction Land registration generally describes methods by which matters concerning ownership, possession, or other rights in land are recorded (usually with a government agency or department) to provide evidence of title, facilitate transactions, and to prevent unlawful disposal. Land registration systems are generally described as legal structures and processes put up by the state through which land ownership rights and other interests in land are legally recognized and preserved. It has been described as state sanctioned and protected recordation of title and other interests in land that forms an official record of rights and interests in land. A better understanding of the nature of land registration requires us to understand the rationale, mechanics, typologies and salient features of land registration theory.
Litigations relating to compulsory acquisition of land by the government are increasing in Kenya ... more Litigations relating to compulsory acquisition of land by the government are increasing in Kenya in tandem with desire by the government to acquire land for building new infrastructural facilities and expanding existing ones within major urban centres and along major highways. The main purpose of this study is to understand the main grounds for litigation; criteria for judgement and precedence on cases related to compulsory acquisition in Kenyan courts. The study elaborates on the concept, meaning, circumstances and procedures of compulsory acquisition; indicate the most prevalent grounds for litigation on compulsory acquisition in Kenya; the rationale for rulings delivered by Kenyan courts and; identifies some of the most notable precedence in court rulings that may help expand our knowledge of the aspects of land acquisition in Kenya. The study uses an explorative research design and thematic analysis of the past court proceedings in Kenya to identify the most prevalent points of litigation, defence line, rationale for judgement and notable precedent if any. The main sources of data include desktop review of literature and analysis of past court proceedings on compulsory acquisition in Kenyan courts. The findings of the study indicate that challenges to compulsory acquisition in Kenya mostly involve issues of abused process and procedure (87%), lack prompt payment or disputed valuation (10.6%), unjustified acquisition (2.1%). Many cases relating to compulsory acquisitions that end up in court involve instances where the Government seizes private land in violation of article 40 and 47 of the constitution. In summary therefore, the study has found that many of the litigations on compulsory acquisition originate from abuse of procedure by the government or its agencies in violation of section 40 and 47 of the constitution; disputed land values, and delayed compensation; lack of transparency in procedure; unjustified acquisition; disputed ownership, propriety rights and interest in land
Land is fundamental to the shelter process. If there is no land on which to build housing, then n... more Land is fundamental to the shelter process. If there is no land on which to build housing, then none can be built, irrespective of the availability of the other inputs required for shelter provision. In particular, an adequate supply of land is required in the right place, at the right time, and at an affordable price for the poor. If not, poor people will continue to be forced into unplanned slums and informal settlements, developed outside the regulatory framework. This has adverse consequences for orderly urban development, service provision, and the housing and welfare rights of all urban dwellers, but in particular the poor and vulnerable and disadvantaged groups. Abstract Slum upgrading efforts in Kenya got a boost with the inauguration of Kenya slum upgrading programme (KENSUP) in 2003. This is a collaborative initiative between the government of Kenya and UNHABITAT who work together with a variety of other partners to address the problem of slums. Further indication of serious focus on the problem of informal settlements in Kenya has been indicated by another World Bank sponsored Kenya informal settlement improvement programme (KISIP). While all this may excite hope in the over 1.4 million slum dwellers in Nairobi with the big promise for improvement in their living conditions, the implementation process seem to be bedeviled with myriad obstacles that may not be easy to surmount. Some of the most obvious obstacles include lack of space for decanting, high population densities, absolute poverty and resistance from structure owners commonly called slumlords. This paper is going look into some of land related challenges facing slum upgrading efforts in Kenya. The study utilizes information from previous experiences with slum upgrading to illustrate some of the land related factors that have constrained the achievement of anticipated results in the slum upgrading programmes. This is a desktop study that utilizes literature review, government reports and documents and NGO studies to point out pertinent land related obstacles to slum upgrading process in Nairobi.
Project presented to the physical planners registration board to certify the requirement of the o... more Project presented to the physical planners registration board to certify the requirement of the oral presentation for the year 2016. The report contribute towards the development control/ implementation of plans (5.4.4) and the constitution and legal issues (5.4.8) part of the physical planners registration board syllabus
procedures and processes of land administration inkenya, 2019
this is a handbook that is aimed at guiding landowners and practitioners on matters related to la... more this is a handbook that is aimed at guiding landowners and practitioners on matters related to land administration in Kenya. It is an updated version published in 2019 and incorporates most of the recent changes in the land laws. This version includes procedures and processes of recognizing, protecting, adjudicating and administering community land.. the chapter on land registration has been expanded to capture procedures for rectification of errors and fraud in the land register.
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