The state has exercised its power of compulsory land acquisition and police power since colonial ... more The state has exercised its power of compulsory land acquisition and police power since colonial times through enactments from the Crown Land Ordinance 1915 to the current Land Act 2012. The justification has always been for public good and the resulting socio-economic benefits. Some of the compulsory acquisitions since then and also under the current dispensation have been in contravention of human rights if not being unfairly carried out. With these, the results have been reduced tenure security of private land owners in the event of interests by the state, reduced confidence in the state agencies carrying out acquisitions by the public in management of land interests, and a challenge to the legitimacy of the state‟s claim of eminent domain in light of the current advanced human rights. The research queries the position of right to property in land in cases of competing interests by the state, and the scope of protection of private property rights in land by the Constitution, the Land Act and other Instruments and whether there is need for reform. While exploring the gaps the literature which this dissertation comes in to fill, the dissertation makes the presumption that the present Kenyan legal framework regarding land does not adequately provide for protection of the right to property in land and that unless the legal regime is reviewed, the right will continue being abused. The research has been premised on the assumption that monetary compensation can at no time be enough compensation for any expropriated land. The research is pegged on article 40 of the Constitution on the protection of the right to property and seeks to appraise the position of the right to property in light of Compulsory land Acquisition. Land being a constant factor of production, great value has always been attached to it. Compulsory land acquisitions threaten land tenure rights of private land owners in disguise of the wider public, economic and social interests. Where there is an absence of any external or internal stimulus to urban land reform, reform doesn‟t happen and if it happens, it‟s only on paper. Through the hypothesis, justification, and objectives, this research identifies the inefficiencies in the legal regime and explores alternatives for managing excesses and arbitrary actions of the state and other authorized legal entities through the recommendations and conclusions. This will lead to reduced tensions between the state and private land owners and thus better protection of the right to property in land. The research has however encountered some challenges including the minimal number of legal material available which are of the same view as my research. Thefindings of the research are to benefit the decision and policy making organs in providing the best alternative for secure acquisitions and better protection of the property owners‟ rights.
The state has exercised its power of compulsory land acquisition and police power since colonial ... more The state has exercised its power of compulsory land acquisition and police power since colonial times through enactments from the Crown Land Ordinance 1915 to the current Land Act 2012. The justification has always been for public good and the resulting socio-economic benefits. Some of the compulsory acquisitions since then and also under the current dispensation have been in contravention of human rights if not being unfairly carried out. With these, the results have been reduced tenure security of private land owners in the event of interests by the state, reduced confidence in the state agencies carrying out acquisitions by the public in management of land interests, and a challenge to the legitimacy of the state‟s claim of eminent domain in light of the current advanced human rights. The research queries the position of right to property in land in cases of competing interests by the state, and the scope of protection of private property rights in land by the Constitution, the Land Act and other Instruments and whether there is need for reform. While exploring the gaps the literature which this dissertation comes in to fill, the dissertation makes the presumption that the present Kenyan legal framework regarding land does not adequately provide for protection of the right to property in land and that unless the legal regime is reviewed, the right will continue being abused. The research has been premised on the assumption that monetary compensation can at no time be enough compensation for any expropriated land. The research is pegged on article 40 of the Constitution on the protection of the right to property and seeks to appraise the position of the right to property in light of Compulsory land Acquisition. Land being a constant factor of production, great value has always been attached to it. Compulsory land acquisitions threaten land tenure rights of private land owners in disguise of the wider public, economic and social interests. Where there is an absence of any external or internal stimulus to urban land reform, reform doesn‟t happen and if it happens, it‟s only on paper. Through the hypothesis, justification, and objectives, this research identifies the inefficiencies in the legal regime and explores alternatives for managing excesses and arbitrary actions of the state and other authorized legal entities through the recommendations and conclusions. This will lead to reduced tensions between the state and private land owners and thus better protection of the right to property in land. The research has however encountered some challenges including the minimal number of legal material available which are of the same view as my research. Thefindings of the research are to benefit the decision and policy making organs in providing the best alternative for secure acquisitions and better protection of the property owners‟ rights.
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The research queries the position of right to property in land in cases of competing interests by the state, and the scope of protection of private property rights in land by the Constitution, the Land Act and other Instruments and whether there is need for reform.
While exploring the gaps the literature which this dissertation comes in to fill, the dissertation makes the presumption that the present Kenyan legal framework regarding land does not adequately provide for protection of the right to property in land and that unless the legal regime is reviewed, the right will continue being abused. The research has been premised on the assumption that monetary compensation can at no time be enough compensation for any expropriated land.
The research is pegged on article 40 of the Constitution on the protection of the right to property and seeks to appraise the position of the right to property in light of Compulsory land Acquisition. Land being a constant factor of production, great value has always been attached to it. Compulsory land acquisitions threaten land tenure rights of private land owners in disguise of the wider public, economic and social interests. Where there is an absence of any external or internal stimulus to urban land reform, reform doesn‟t happen and if it happens, it‟s only on paper.
Through the hypothesis, justification, and objectives, this research identifies the inefficiencies in the legal regime and explores alternatives for managing excesses and arbitrary actions of the state and other authorized legal entities through the recommendations and conclusions. This will lead to reduced tensions between the state and private land owners and thus better protection of the right to property in land. The research has however encountered some challenges including the minimal number of legal material available which are of the same view as my research. Thefindings of the research are to benefit the decision and policy making organs in providing the best alternative for secure acquisitions and better protection of the property owners‟ rights.
The research queries the position of right to property in land in cases of competing interests by the state, and the scope of protection of private property rights in land by the Constitution, the Land Act and other Instruments and whether there is need for reform.
While exploring the gaps the literature which this dissertation comes in to fill, the dissertation makes the presumption that the present Kenyan legal framework regarding land does not adequately provide for protection of the right to property in land and that unless the legal regime is reviewed, the right will continue being abused. The research has been premised on the assumption that monetary compensation can at no time be enough compensation for any expropriated land.
The research is pegged on article 40 of the Constitution on the protection of the right to property and seeks to appraise the position of the right to property in light of Compulsory land Acquisition. Land being a constant factor of production, great value has always been attached to it. Compulsory land acquisitions threaten land tenure rights of private land owners in disguise of the wider public, economic and social interests. Where there is an absence of any external or internal stimulus to urban land reform, reform doesn‟t happen and if it happens, it‟s only on paper.
Through the hypothesis, justification, and objectives, this research identifies the inefficiencies in the legal regime and explores alternatives for managing excesses and arbitrary actions of the state and other authorized legal entities through the recommendations and conclusions. This will lead to reduced tensions between the state and private land owners and thus better protection of the right to property in land. The research has however encountered some challenges including the minimal number of legal material available which are of the same view as my research. Thefindings of the research are to benefit the decision and policy making organs in providing the best alternative for secure acquisitions and better protection of the property owners‟ rights.