The power to determine the maximum and the minimum amount of land one can hold now falls on the shoulders of the Ministry of Lands and Physical planning.
This is after the parliament approved a motion granting the government, through the lands ministry, the power to set limits in accordance with Article 60 (1) of the Constitution.
“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,” read part of the motion.
The motion was tabled on the floor of the house by Kwanza MP Ferdinand Wanyonyi, who argued that land ownership requires regulations to ensure maximum utilization.
Read: Two Titles, One Parcel Of Land: What The Law Says
The legislator decried the increasing land fragmentation for commercial purposes at the expense of agricultural use, adding that investors in real estate should capitalize on the upward building to free more land for cultivation.
“With high population growth and the demand for land have resulted in excessive fragmentation of land into uneconomic units. The population growth in Kenya is rapidly growing and we should increase food production to avoid famine and hunger that we are now experiencing,” said Wanyonyi.
“Instead of expanding horizontally, they should do it vertically. They should build their buildings going up. The land left fallow should be used for food production,”
In support of the motion, MPs said the legislation would ensure the large tracks of land that have been left idle by egocentric persons will be put into use to ensure land is used optimally.
“If we do not set land holding sizes, high potential agricultural areas will become slums,” Said Tinderet MP Julius Melly.
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