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date: 05 June 2020

Abstract and Keywords

Recent years have seen a proliferation of land laws in Kenya, but these efforts have failed to confront the material consequence of unequal access to land. The legal focus has been on the redistribution of bureaucratic power and institutional change. This can be explained by the dominance of a rule-of-law approach that relies on technocratic solutions to land problems, and which obscures more difficult questions of how to address growing inequality in access to land in the context of long-standing vested interests of powerful political and economic elites. At the same time, the courts have shown a marked reluctance to mediate on the institutional architecture of land administration. As a result, despite new legal frameworks, the prospects for land justice in modern Kenya remain poor.

Keywords: law reform, redistribution, land-grabbing, national land policy, Constitution

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