Following a dynamic change in the land reforms on land administration and management in Kenya The New Constitution of Kenya 2010, Article 61 has equipped us by providing a legal structure on what land is and land systems. It has also poses a great responsibility and obligation to the parliament to enact new laws in accordance to management and administration of such statutory laws include, the Lands Act, The Land Registration Act and The National Land Commission.

Previously, past land regimes like, The Crown Ordinance, The lands Titles Act, Registration of Titles Act, Registration of lands Act, The Government Lands Act, The land control Act and the Indian Transfer Property Act were in existence, however they were repealed by the Lands Act (2012), Lands Registration Act (2012) and National Land Commissions Act (2012), However still, this laws are still in play and are applicable in the background and has combined all other land systems into form the three statutes as highlighted above.

The Land Title Act, it was enacted in 1908 majorly for the aim of facilitating land alienation at the Coastal region. It’s applied in the current land transactions as the procedure of adjudicating private claims over any piece of land which is not successfully claimed by private individuals reverted back in the colonial government upon independence in the Kenyan government and this procedure is followed up to now.
The Registration of Documents Ordinance, All the documents registered under this ordinance was subjected to a 999 period of leases which had been converted into freeholds by the commissioner pursuant to his power under the 1915 Crown Land Ordinance. Currently under the new land regimes, the agricultural lands are subjected to the 999years lease and the urban areas to 99years.
The Registration of Titles Act, was enacted in 1920.It facilitated the registration of all the prime plots. Its application to the current proprietary land transactions it’s that its main purpose is to insure titles to land and regulation.

On to the appraisal of the new land laws,

It has repealed old statutes and reconciled them into three main statures which have in fact made it easy to get the legal procedures of ownerships, conveyance and finally disposing off property. It has also fostered the registration of title system. Other than that ,it has compressed previous land system into 3, majorly the public land, the private and the community land.

Another key feature is that it has led to the formation of Environmental and Land Court which related to disputes of the land, herein the court has Original and appellate jurisdiction to listen to matters pertaining land and in accordance with Article 162(2).Under the Environmental and Lands Court Act, Section 3 states that its principle objective is to facilitate the just expeditious, proportionate and accessible resolution of disputes . Lastly it has equipped a new machinery of registration system.

REFERENCE

Constitution of Kenya 2010

Conveyancing Principles and Practice, Tom Ojienda

The Constitution Review Commission (CKRC)

Environment and Lands Courts Act CAP19

Lands Act NO 6 OF 2012

Land Registration Act NO 3 OF 2012

National Land Commission Act NO.5 OF 2012