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Land Law Reform in Eastern Africa: Traditional or Transformative? by Patrick McAuslan

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Chapter 1

A survey of the land laws

 

 

1.1 Kenya1

Land in Kenya always had a very high profile during colonial times and this was reflected in the land laws and the clear division between African-occupied land and predominantly British-settler-owned land.2 The colonial position is well summarised by Migot-Adholla3 et al.:

Under colonial rule a dual system of tenure was instituted in which white settlers and private corporations were granted freehold titles or leaseholds in accordance with the provisions of the Land Titles Act 1908 later amended to provide for registration under the Torrens system (Registration of Titles Act 1919).4 During this period, most African areas were considered Native Trust Reserves, in which traditional tenure systems ...

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