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romantic relationship Between The Law And Landlessness In Kenya

Land in most sorts society, Is the most important of natural resources required in order to obtain wealth.

according to Njuguna and Baya (2008), The centrality of land in human life made it the main struggle for Kenya’s freedom from British colonial rule.

recent legal and institutional frame work of land tenure, Land use and the system of acquisition and disposition of land rights which can be in place since the colonial times has brought about strife and tension in land matters.

Land tenure corporations along with related property rights regimes governing natural resources from the foundations of the land system. The system of land used in pre health Kenya was the communal system of land whereby communities could share land amongst themselves.

When the British settlers moved to Kenya flavor them annexed the fertile parts of Rift Valley highlands and the Central highland in the former Rift Valley and Central provinces of Kenya.

Native Africans who had settled on these lands were forcefully removed and they became squatters automatically land.

Origin of squatting and the legitimization of this mode of living can be traced both to labour laws and land tenure systems in the 1920’s and also to the Muslim Tenant at Will with respect to squatting at the coast. the concept that land in Kenya was “Terra nullins” (vacant land), And its occupants "Tenants at the will of the crown "Was in the center of the colonial land tenure system.

Through this idea Africans didn’t have any legal ownership rights to the land they customarily owned; Instead they’d only user rights. Native Trusts Lands Boards were fixed to manage African affairs in the reserves. The boards established are paternalistic and very top down approach moldova beauty to land useage. Through this study we shall more be focused on rights of violation in the Coast, Rift Valley and Central provinces which have a medical history of land injustices.

HISTORICAL belongings in THE LAND ISSUE IN THE COAST PROVINCE IN THE PERIOD BEFORE 1900

The period leading to the promise of the Protectorate status of East Africa happened in August 15, 1985. with 1886, The British and German governing bodies established the Mwambao wa Pwani (Ten mile coastal strip) And ceded a handle over it to the sultanate of Zanzibar.

The assumption could be that the sultan’s subject within the Ten Mile Coastal Strip would retain certain rights to land vested in the Imperial British East Africa Company. This was a private company founded by Cecil Rhodes in 1987 and was given mandate by the British government to administer the East African protectorate.

On the 10 Mile seaside Strip, The colonial regimes famous the claim of the Sultan of Zanzibar. Only his subjects mainly include those with some ancestral links outside Kenya could register land.

This meant that up to 25% of the indigenous population was turned into landless squatters unable to register the land that they had lived on for generations.

The squatter problem escalated due to rising communities, Increased demand for land and the non restriction of land ownership in the state..

The symbiotic relationship with passage of the Registration of Title Ordinance was in respect of compulsory acquisition of land while the Land Titles Ordinance was passed on the subject of giving the owners title of the land which had been compulsory acquired.

The Land Titles Ordinance so long as at Section 17(1),All land situated in any district area on phase to moldova brides which this act has been applied concerning which no claim of ownership has been created. Only claims lodged before 1922 were accepted by the recorder of titles in a procedure that took long.

As a result of the passage of these ordinances about 95% of all land within Mwambao was recorded in the domain name of Arab immigrants, the remaining 5% being declared Crown Land for lack of claim from the local ownership. in regard to Rift Valley Africans did not have legal ownership right to the land they customarily owned instead they had only user rights.

The Native Lands Trust Boards were organised to manage native affairs in the reserves.

Africans were restricted to native reserves which formed the basis of ethnically defined management units.

to be able to Mbithi and Barnes C. (1975), The creation of reserves by the Europeans stabilized what was a fluid land situation among the African peoples,

as part of 1904, The Maasai were moved utilizing their preferred grazing grounds in the Central Rift Valley to two reserves, and then again in 1911 one of these reserves was again moved against the wishes of the community.

The Maasai lost over fifty percent of their customary territory. The Kalenjin community was another group troubled by the rationale of division of land in the Rift Valley. The Kalenjin community is made up of the Kipsigis, Nandi, Keiyo, Marakwet, Tugen, Sabaot, Pokot, Elgeyo and Tariki located on the slopes of Mt. Elgon.

The Kipsigis are the largest sub group occupying the south Rift valley and the Nandi are the second biggest occupying a majority of the North Rift.

These two communities offered most capacity European occupation. The settlers through their influence alienated a majority of the kinsmen through the development of the native reserves.

The Rift Valley highlands became Crown Land and through this idea the Kalenjin lost most of their fertile lands to the settlers and by 1920 the Kalenjin were forced to live in reserves where overcrowding and erosion of land caused them to become labour tenants. (Mbithi and as well Barnes infra 42).