Article 68. Legislation on land
Official Constitutional Text
68. 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—
(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.
Plain English Explanation
This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.
Article 68 of the Kenyan Constitution orders Parliament to reform the nation's legal framework for land by rewriting, merging, and streamlining all existing property laws. It commands Parliament to update specific environmental and land-use laws to match the core principles of fairness, productivity, and gender equality. Under this mandate, lawmakers must pass legislation to establish maximum and minimum size limits for private land holdings, set clear rules for changing land classifications, and protect the rights of spouses to matrimonial property and homes during and after a marriage. Furthermore, Parliament is legally required to create laws that safeguard public land, review past irregular public land allocations for legality, protect the inheritance rights of dependents and occupying spouses when a landowner dies, and handle any other necessary legislative matters to implement the Constitution's entire Land chapter.