Abstract

The enactment of the Constitution of Kenya, 2010, heralded a new era for communities who had been subjugated in the past when it came to ownership of property and particularly ownership of land. This article therefore discusses the place of community land in Kenya currently.Property rights and those rights incidental to it, like the right to land and housing and the access to these rights, forms an important aspect when individuals are seeking to ensure their social and economic well-being. Land can be seen to be having both a social and economic value and the importance of property has been recognized in the Constitution of Kenya 2010 with its provision in Article 40(1) which states that every individual has the right either individually or in association with others to acquire and own property of any description and in any part of Kenya.

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