A Historical Review of Land Tenure Reforms in Kenya

Abstract

Land Tenure is a collection of relationships which exist between members of a society by virtue of their occupation and use of land [Ezigbalike and Benwell, 1995]. These relationships are dynamic and change with cultural and societal developments [Ting and Williamson 199a]. Feudalism was associated with the fiscal cadastre and the development of the individual tenure. The industrial revolution of the 17th Century precipitated the on-set of land markets and Torrens system; while the information revolution of 1980s created the subdivision of land, the concept of Agenda 21 and sustainable development, and the multipurpose cadastre. It is evident that the growth of land tenure systems is indeed related to changing human-land relations, historical developments and changing political circumstances. understanding such changes greatly assists in understanding current land policy issues and the impact of such changes on society at large. Simply the humankind to land relationship in any society is not stable but is continually evolving. This paper therefore set out to review the historical and political developments of the land tenure reforms in Kenya since the First Millenium A.D. It also provides a basis for understanding of the evolution of Kenya as a state and the impact of these tenure reforms on the customary systems which had existed among the Kenyan communities for ages. It introduces the reader to the various legislations that were promulgated to implement the new tenure systems and its impact on the governance of the state before and after attainment of political independence 1963.