wrongturn
Elder Lister
A Malindi Court has declared a section of Land laws that bars foreigners from owning land in Kenya as Unconstitutional.
A three-Judge bench consisting of Justices Charles Yano, James Olola, and Lois Komingoi said that some Land laws which were assented by President Uhuru Kenyatta in 2016 to align them with the 2010 Constitution had infringed on the rights of foreigners owning land in the country.
“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 a ruling delivered on October 29, 2021 but made available yesterday.
The judges, however, allowed the National Land Commission to initiate an investigation on its own motion or once the complaint is made, into the present or historical land injustices and recommend appropriate redress.
The petitioners had also complained about the new land laws which limit acreage of land which a foreigner is supposed to own in the country.
The judges made this decision in a petition by the Law Society of Kenya(LSK) Mombasa and Malindi branch officials who sought orders to stop the implementation of the amended laws of the 2015 bill which was assented by the president to become law after Parliament passed it.
The facts leading to the petition are that on August 13, 2016, the president assented to the Land Law (Amendment) Bill 2015 to amend land-related laws to align them with the 2010 Constitution which did not go down well with some landlords.
Mombasa LSK officials led by Benjamin Njoroge petitioned the court to declare the amended laws as unconstitutional on grounds that Parliament which passed it acted illegally.
They claimed the Parliament acted illegally by passing the amendment and yet there was no public participation.
But the Attorney General and Speaker of National Assembly who were sued argued that there was intense public participation after the new 2010 Constitutiom came into force which led to the enactment of Land laws.
The petitioners who were later joined by other interested parties – Messrs Mabrouke Tea and Coffee estate – sued the Attorney General and National Assembly Speaker accusing them of allowing laws infringing on their rights to start operating in the country.
They complained that some amended laws which allowed the NLC to hear, investigate and determine claims against absentee landlords were illegal as they infringed on the rights of non-Kenyans owning private land in the country.
The lawyers opposed the amended laws arguing introducing law that controls those owning the land and prescribing minimum and maximum acreages of private land owned by non- Kenyans was a violation of bills of rights of individuals.
The petitioners also opposed the amendment which had allowed National Land Commission to initiate on its own or complaint, into the present or historical land injustice and recommend appropriate action.
They complained that NLC should not be allowed to limit the type of person to own land in the country arguing whether somebody is a Kenyan or not have a right to be protected to own land without any discrimination.
“Once a person is registered as a proprietor of land , such a person is entitled to enjoy all rights pertaining to the ownership,” said Njoroge
The lawyer argued that the Amendments Act 2016 had failed the test constitutional test of constitutionality and was therefore null and void.
However, in their finding, the judges found the parliament carried their mandate of passing the bill as that was within their mandate when it comes to separation of powers.
The petitioners wanted the constitutional court to find that parliament illegally passed the Land Law (Amendment) bill 2015 on grounds there was no public participation and even the window period when the parliament was given after the new constitution came into force had elapsed.
mahakamaninews.com
A three-Judge bench consisting of Justices Charles Yano, James Olola, and Lois Komingoi said that some Land laws which were assented by President Uhuru Kenyatta in 2016 to align them with the 2010 Constitution had infringed on the rights of foreigners owning land in the country.
“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 a ruling delivered on October 29, 2021 but made available yesterday.
The judges, however, allowed the National Land Commission to initiate an investigation on its own motion or once the complaint is made, into the present or historical land injustices and recommend appropriate redress.
The petitioners had also complained about the new land laws which limit acreage of land which a foreigner is supposed to own in the country.
The judges made this decision in a petition by the Law Society of Kenya(LSK) Mombasa and Malindi branch officials who sought orders to stop the implementation of the amended laws of the 2015 bill which was assented by the president to become law after Parliament passed it.
The facts leading to the petition are that on August 13, 2016, the president assented to the Land Law (Amendment) Bill 2015 to amend land-related laws to align them with the 2010 Constitution which did not go down well with some landlords.
Mombasa LSK officials led by Benjamin Njoroge petitioned the court to declare the amended laws as unconstitutional on grounds that Parliament which passed it acted illegally.
They claimed the Parliament acted illegally by passing the amendment and yet there was no public participation.
But the Attorney General and Speaker of National Assembly who were sued argued that there was intense public participation after the new 2010 Constitutiom came into force which led to the enactment of Land laws.
The petitioners who were later joined by other interested parties – Messrs Mabrouke Tea and Coffee estate – sued the Attorney General and National Assembly Speaker accusing them of allowing laws infringing on their rights to start operating in the country.
They complained that some amended laws which allowed the NLC to hear, investigate and determine claims against absentee landlords were illegal as they infringed on the rights of non-Kenyans owning private land in the country.
The lawyers opposed the amended laws arguing introducing law that controls those owning the land and prescribing minimum and maximum acreages of private land owned by non- Kenyans was a violation of bills of rights of individuals.
The petitioners also opposed the amendment which had allowed National Land Commission to initiate on its own or complaint, into the present or historical land injustice and recommend appropriate action.
They complained that NLC should not be allowed to limit the type of person to own land in the country arguing whether somebody is a Kenyan or not have a right to be protected to own land without any discrimination.
“Once a person is registered as a proprietor of land , such a person is entitled to enjoy all rights pertaining to the ownership,” said Njoroge
The lawyer argued that the Amendments Act 2016 had failed the test constitutional test of constitutionality and was therefore null and void.
However, in their finding, the judges found the parliament carried their mandate of passing the bill as that was within their mandate when it comes to separation of powers.
The petitioners wanted the constitutional court to find that parliament illegally passed the Land Law (Amendment) bill 2015 on grounds there was no public participation and even the window period when the parliament was given after the new constitution came into force had elapsed.
Court: Laws Barring Foreigners From Owning Land Is Unconstitutional - Mahakamani News
A Malindi Court has declared a section of Land laws that bars foreigners from owning land…
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