Kenyan Constitution: Chapter Five, Part 1, Article 66 to 68

Part 1: Land

Article 66: Regulation of land use and property

(1) The State may regulate the use of any land, or any interest in or right over any land, in the interest of defence, public safety, public order, public morality, public health, or land use planning.

(2) Parliament shall enact legislation ensuring that investments in property benefit local communities and their economies.

Article 67: National Land Commission

(1) There is established the National Land Commission.
(2) The functions of the National Land Commission are–

(a) to manage public land on behalf of the national and county governments;
(b) to recommend a national land policy to the national government;
(c) to advise the national government on a comprehensive programme for the registration of title in land throughout Kenya;
(d) to conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities;
(e) to initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress;
(f) to encourage the application of traditional dispute resolution mechanisms in land conflicts;
(g) to assess tax on land and premiums on immovable property in any area designated by law; and
(h) to monitor and have oversight responsibilities over land use planning throughout the country.

(3) The National Land Commission may perform any other functions prescribed by national legislation.

Article 68: Legislation of land

Parliament shall–

(a) revise, consolidate and rationalise existing land laws;
(b) revise sectoral land use laws in accordance with the principles set out in Article 60 (1); and
(c) enact legislation–

1. i) to prescribe minimum and maximum land holding acreages in respect of private land;
   (ii) to regulate the manner in which any land may be converted from one category to another;
   (iii) to regulate the recognition and protection of matrimonial property and in particular the matrimonial home during and on the termination of marriage;
   (iv) to protect, conserve and provide access to all public land;
   (v) to enable the review of all grants or dispositions of public land to establish their propriety or legality;
   (vi) to protect the dependants of deceased persons holding interests in any land, including the interests of spouses in actual occupation of land; and
   (vii) to provide for any other matter necessary to give effect to the provisions of this Chapter.

Read: Kenyan Constitution: Chapter Five, Part 1, Article 63 to 65