How Govt's Decision to Set Land Ownership Limit Will Affect Kenyans

Photo collage between a plot of land and an apartment
Photo collage between a plot of land and an apartment
Commercial Property Kenya

Private land ownership in the country is set to take a new trajectory following the MPs' decision to approve a motion capping the amount of land one can own.

Legislators backed a proposal that sought to compel the Ministry of Lands to make rules and regulations for private land use and management on the minimum and maximum land holdings in Kenya.

Its implementation would see those with large tracts of land compelled to surrender some to the government.

"The House, therefore, resolves that the government enforces compliance of Article 68 (c) (i) of the Constitution, section 159 of the Land Act, 2012 and the National Land Policy through the publishing of the rules and regulations for private land use and management in regard to the minimum and maximum land holdings in Kenya," the motion stated.

A signpost showing land for sale
A signpost showing land for sale.
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Land in Kenya

The law would, however, excludes institutions, government agencies and companies.

Effects of Setting Land Ownership Limits

A section of real estate experts opined that the move to cap the amount of land any private developer can own is key to addressing the perennial issue of land idleness.

Speaking to Kenyans.co.ke, Ben Mulwa, a land developer based in the Syokimau area in Machakos county, lauded the move noting that it would be key to spurring development, especially in satellite towns.

"We welcome the move to cap the amount of land one can own, especially for individuals. I believe if we properly implement this policy, satellite towns will develop even faster," he stated.

The move will also help tackle the issue of land hoarding, where some individuals purchase land and wait for years for the value to appreciate before re-selling them.

Some governance experts have also argued that the directive would help President William Ruto fast-track its affordable housing programme by tapping into large, unutilised tracts of land.

On October 26, President William Ruto promised to build over 200,000 housing units in the next year. Ruto made the promise while attending the Soweto East zone Social Housing Programme in Kibra, where he insisted that the programme would target slum areas.

"In the next one year, we will have constructed 200,000 houses," Ruto announced.

Despite being touted to help Ruto fulfil the affordable housing programme, land ownership limit risks encouraging land fragmentation.

According to research by Egerton University in 2015, land fragmentation restricts agricultural development and reduces productivity and opportunities for rural development.

Egerton's research proposed land consolidation to tackle the fragmentation issue, which had affected different parts of the country, including Kisii County.

If implemented, the law will also affect family land ownership. Most families in Kenya own large tracts of land as a unit. By setting the limit, some families may surrender some portions to conform to new directives.

A block of apartments in Nairobi.
A block of apartments in Nairobi's Kilimani Estate.
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Rent Kenya