نزع ملكية الأراضي في القانون الكيني لسنة 2012م : دراسة مقارنة

Abstract

This Research under the title of compulsory acquisition of land in Kenya, a comparative study, is an attempt by the researcher to solve the research problem which mainly deals with elaborating the circumstances in which the Kenyan law permits compulsory acquisition of land from its owners, the principles underlying such acquisitions and the legal protection accorded by the Kenyan law against infringment of proprietary rights through arbitrary acquisition processes. The importance of this research is informed by the increasing rate of infringement of proprietary rights of land owners through arbitrary acquisition of land from private individuals. The aforesaid illegal actions did open new areas of legilslation and studies by legal scholars and this research is a contribution in analyzing the circumstances under which compulsory acquisition of land can be undertaken in Kenya so as to affirm that apart from the said circumstances any other acquisitions are equated to infringment of propeitary rights. This research is divided into four chapters, Chapter one tackles the basics of the research,which essentially discusses the statement of the problem, the objectives of the research, its importance, research methodology, tools of the research and the general structure of the research. Chapter two deals with general introduction of the research, and specifically discusses the history of Kenya from the pre independence era towards the Independence and post independence state. It further gives a detailed overview of land ownership in Kenya with much emphasis on land ownerhip regimes before independende which were purely customary in nature. Further it explores the land law regime towards the independence which was influenced by English Law through the introduction of English statutes which have by large affected the current land ownership system. To promote the aspect of comparative study, the research goes ahead to discuss land ownership in Sudan from the pre independence era and the current land ownership regime and the position of Islamic Law in land ownership. Chapter three of the research addresses the circumstances under which Sharia and law permits compulsory acquisition of land from its owners. Emphasis is laid on compulsory acquisition of land for public interest, acquisition of land for redistribution and compulsory acquisition in enforcement proceedings both in Civil and Criminal law. Chapter Four of the research specifically addresses compulsory acquisition of land in Kenya. It tackles the circumstances in which the Kenyan law permits compulsory acquisition of land from its owners. It highlights on compluory ح acquisition , limitation of ownership and enforcement proceedings through which land ownership may be lost. Lastly, the researcher documents his findings, the most important being elaborating the circumstances in which the Kenyan law allows compulsory acquisition of land. The researcher further proposes that land reforms in Kenya should be undertaken in strict conformity with the law and must not infringe individual proprietary rights and the need to review laws pertaining to compulsory acquisition of land in Kenya