Comparative analysis of legal and policy frameworks regulating compulsory land acquisition and property rights in Uganda and Kenya

Abstract

Land is a key resource for livelihood and sustainability in Africa. The unclear compulsory land acquisition laws and processes in many nations have disrupted property rights and deprived people of well-deserved livelihoods. The purpose of this study was to critically compare and analyze land tenure practices, policy framework and laws of Ugandan and Kenyan to establish the extent to which they affect land acquisition and property rights. The study was guided by three objectives; to critically analyze existing and operational legal, policy and institutional frameworks governing compulsory land acquisition and attendant processes in Uganda and Kenya; to explore procedural practices in compulsory land acquisition that affect property rights and implementation of government infrastructural development programmes in Uganda and Kenya; to compare Uganda’s proposed amendment of Article 26 with the legal position on compulsory land acquisition in Kenya; and to contrast Uganda’s proposed amendment with the legal position on compulsory land acquisition and property rights in Kenya. The theories that guided the study were the liberal theory of natural resources and property rights as well as the utilitarian theory of property. The study employed doctrinal legal research methodology to collect, process and analyze data. The study found that in Uganda land acquisition Act 1965 giving force to procedure is archaic and not in tandem with the contemporary developments on land acquisition. In addition, the process was found to be rigged in government’s interest through the valuation policy, which based on market value at the expense of the land owners. Similarly, in Kenya the market value approaches to land valuation were found not suitable for valuation of community rangelands where no formal property markets exist. The lengthy process of establishing the Land Value Index which requires the approval of Senate and National Assembly breaches the requirement for prompt payment of compensation. For Uganda, the study recommended amendment of land acquisition Act 1965 to conform with the constitution and for both nations it was recommended that other basis for valuation apart from market value such as equitable value, and social value and gross replacement cost value for instances where the affected assets are not traded in the property market or where no formal property market exists.