Escolar Documentos
Profissional Documentos
Cultura Documentos
TEAM MEMBERS
Dr. Winifred Kamau (TL)
Prof. Patricia Kameri-Mbote,
Dr. Daniel Ichang’i,
Dr. Winnie Mwangi
Dr. Robert Kibugi
Space that encompasses the surface of the earth and all things
that are attached to it,
Land includes areas covered by water such as seas and lakes,
as well as the air space above it
Includes all natural resources found on it, such as rocks and
minerals that are just below it and all natural vegetation.
Also includes buildings and and other permanent attachments
Legally, it includes the physical and abstract attributes such as
rights and interests embedded thereon (“bundle of rights”).
Rights include ownership, access and use
Constitution and Land
Constitution
Substantive Land law
Community
Land
Registration processes
Community
management of land
Private
Land
Legislation on Land
New Legal Framework
Previously, land law consisted of numerous pieces of
legislation
Constitution provides for revision, consolidation and
rationalization of existing legislation (Art. 68)
Schedule 5 – land laws to be passed within 18 months of
passing of the Constitution
Pursuant to this, Parliament has repealed several land laws
and enacted the following new legislation
Land Act
Land Registration Act
National Land Commission Act
Environment and Land Courts Act
New Legal Framework
The National Land Commission Act, 2012: aims at providing
the institutional framework for the management and
administration of land in Kenya;
The Land Act, 2012 -consolidates the substantive land law
in the repealed Acts;
The Land Registration Act, 2012 -Consolidates and
harmonizes the land registration provisions in the repealed
statutes.
The Environment and Land Court Act, 2012 - gives effect to
Article 162(2)(b) of the Constitution; establishes a superior
court with status of the High Court to hear and determine
disputes relating to the environment and the use and
occupation of, and title to, land.
Proposed legislation
Meaning of environment
Environment has a very broad meaning and includes:
the physical factors of the surroundings of human
beings including land, water, atmosphere, sound,
odour, taste,
the biological factors of animals and plants; and
the social factors of aesthetics, and includes both the
natural and the built environment.
Environment
University
Role of the University of
Nairobi
Research, training and capacity building
Conduct Research related to land and use of natural resources:
see Art. 67 (2) (d);
Audit and collation of data
Training and capacity building: e.g.lawyers in relation to
concessions, contracts; engineers, geologists, environment
professionals
Regional and international collaborative partnerships in capacity
building and research in the area of natural resources are a
priority in order to create wealth for Kenya and employment for
the youth.
Protection of intellectual property rights
Preservation of indigenous knowledge
Thank you!