Essays on land law: the reform debate in Kenya.

Abstract

The various legal, political, economic and social perspectives that have influenced the land reform discourse in Kenya are examined. The historical perspectives of the land question in Kenya are outlined, and the factors that shaped the content of Kenya's land law and attendant institutional and constitutional regimes are addressed. The operationalization of the legal regimes and policy frameworks emergent from the colonial legacy is also extensively dealt with, focusing on the way the state has sought to balance private and public interests in land through the instruments of law. Analyses of the interface between tenure, land use and environmental conservation are presented. The various theories and paradigms of land related development are reviewed. Pertinent issues that need due attention in the process of land reform are identified. The conceptual underpinnings that have influenced legal and policy approaches to land ownership and land use in a number of countries in Africa are discussed.