Here are the Contentious Issues Surrounding the Proposed New Land Law

The Kenya Minimum and Maximum Land Holding Acreage Bill 2015, is a proposed law that if passed would limit the amount of land an individual can own.

Among the key highlights of the bill set to create a storm, is that it sets big landowners on the path to giving up large chunks of their holdings or paying taxes on idle land.

The bill intends to repossess 'excess' land in private hands for redistribution to the landless and demarcate agricultural and pastoralist zones.

The proposed law seeks to empower both the national and county governments to acquire surplus land and redistribute to landless persons who are capable of putting it into economic use, the Business Daily reports.

Under the proposed law, individuals in rich agricultural highlands will own a maximum of 10 hectares (24.7 acres) — a limit that extends to 15 hectares for the not-so-rich agricultural land.

Counties classified as high agricultural potential areas include Bomet, Kisii, Nyamira, Nandi, Trans-Zoia, Vihiga, Uasin Gishu and Bungoma counties.

On the other hand individuals living in semi-arid areas will be allowed to hold a maximum of 25 hectares (61.8 acres).

Those living in dry and remote areas such as, Isiolo, Mandera, Kajiado, Kwale, Garissa, Wajir, Tana River and Turkana counties will be allowed to own up to 2,471 acres.  

Where a person holds land in excess of the prescribed limit and such land is not put to use, such land shall be taxed.

Every landowner will have to maintain a tree cover of not less than 10 per cent of the total holding and observe the maximum livestock numbers prescribed for each zone.

It remains to be seen whether the political class with huge tracts of unproductive land will support the Bill.

President Uhuru Kenyatta’s family, for instance is alleged to hold 36,000 acres in Taita/Taveta County, a zone where the bill seeks to limit ownership by an individual to 61.8 acres.

However, the Bill grants the Land secretary sweeping powers to approve applications from individuals seeking to hold larger tracts of land as long as the purpose is large-scale farming, conservation, investment or other land use “with significant economic or social value.”