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The Kenya Forum | Land Laws Barring Foreigners from Owning Land Unconstitutional Court Declares - The Kenya Forum

November 5, 2021

Summary

The petitioners complained that NLC should not be allowed to limit the type of person to own land in Kenya.

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Land Laws Barring Foreigners from Owning Land Unconstitutional Court Declares

Land Laws Barring Foreigners from Owning Land Unconstitutional Court Declares

A three-judge bench has ruled that some Land laws, which were assented to by President Uhuru Kenyatta in 2016, as unconstitutional, saying they infringe on foreigners’ rights to own land in Kenya.

A declaration is hereby made that the amendments sought to be introduced under Section 12 of the Land Act vide Section 47 of the Land Laws (Amendment) Act are unconstitutional, null and void,” said the judges in their ruling.

Justice Charles Yano, Justice James Olola and Justice Lois Komingoi made the ruling in a petition filed by officials of Law Society of Kenya (LSK) Mombasa and Malindi branches who sought orders to stop the implementation of the amended laws.

The petitioners complained that NLC should not be allowed to limit the type of person to own land in Kenya.

The petition arises from a 2016 decision by President Uhuru Kenyatta to assent to the Land Law (Amendment) Bill 2015.

According to LSK,   Parliament passed the Land Law (Amendment) Bill 2015 without public participation.

In their petition, the lawyers further argued that the amended laws introduce controls on land ownership and prescribe minimum and maximum acreages of private land owned by non-Kenyans, saying its a violation of Bill of Rights.

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