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the relationship Between The Law And Landlessness In Kenya

Land in most kinds society, Is the most important of natural resources required for the creation of wealth.

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

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

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

When the British settlers moved to Kenya will probably be 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 their selves 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 regarding squatting at the coast. the notion that land in Kenya was "Terra nullins" (nonincome producing land), And its citizens "Tenants at the desire of the crown "Was the hub of the colonial land tenure system.

Through this concept Africans didn't have any legal ownership rights to the land they customarily owned; Instead that they had only user rights. Native Trusts Lands Boards were collection to manage African affairs in the reserves. The boards established are paternalistic and very top down approach moldova beauty to land white house. Through this study we shall more be involved with rights of violation in the Coast, Rift Valley and Central provinces which have a history of land injustices.

HISTORICAL contents of THE LAND ISSUE IN THE COAST PROVINCE IN THE PERIOD BEFORE 1900

The period leading to the declaration of the Protectorate status of East Africa happened in August 15, 1985. having 1886, The British and German governments established the Mwambao wa Pwani (Ten mile coast strip) And ceded handling 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 manage the East African protectorate.

On the 10 Mile resort Strip, The colonial regimes called the claim of the Sultan of Zanzibar. Only his subjects mainly some people that have some ancestral links outside Kenya could register land.

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

The squatter problem escalated due to rising populations, 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 regarding giving the owners title of the land which had been compulsory acquired.

The Land Titles Ordinance introduced 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 produced. 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 url of Arab immigrants, the remainder of the 5% being declared Crown Land for lack of claim from the local ownership. regarding 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 arranged to manage native affairs in the reserves.

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

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

within 1904, The Maasai were moved from them preferred grazing grounds in the Central Rift Valley to two reserves, however in 1911 one of these reserves was again moved against the wishes of the community.

The Maasai lost more than half of their customary territory. The Kalenjin community was another group suffering with the rationale of division of land in the Rift Valley. The Kalenjin community consists 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 effectiveness European occupation. The settlers through their influence alienated a majority of the kinsmen through the introduction of the native reserves.

The Rift Valley highlands became Crown Land and through this concept 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 moreover Barnes infra 42).