Property rights and the Constitution: the position of aliens in Kenya

Abstract

This study exemplifies the relationship, commonly found in developing countries, between the domain of public law and the sphere of property law. More particularly, the study examines the place of aliens in Kenya with respect to property rights, notably rights to land. The Kenyan Constitution expressly deals with the question of discriminatory laws. Section 82(4)(a) allows the making of laws that discriminate between citizens and noncitizens. This gives validity to the various statutory provisions that restrict the acquisition of property by aliens. The general principle by which acquisition of landed property by aliens is restricted, takes concrete form under the Land Control Act, which relates to agricultural land. According to this Act, the acquisition of agricultural land by aliens is a privilege. However, by succession, testate or intestate, an alien can acquire landed property (even agricultural land) under the regime of property law.