A critique of the relationship between kibanja holder (tenancy by occupancy) and registered proprietor under the land act of 1998 cap 277.

ABSTRACT

The study is about the relationship between kibanja holder ( tenancy by occupancy) and registered proprietor under the land act 1998 cap 227 and establishes the rights of lawful and bonafide occupants on Mailo land and how such rights are violated, with specific aims of examining; the rights of lawful and bonafide occupants on Mailo land; the abuse of the rights on bonafide occupancy on Mailo land; the effectiveness of the law governing bonafide occupancy on Mailo land; and suggesting improvements that can be made on bonafide occupancy rights on Mailo land. A review of related literature was carried out on existing information on the specific va1iables of this paper to comprehend the problem, enrich and supplement the study findings. The study established that lawful an bonafide occupants on mailo land need to be provided with rights of purchase, derived tenure, right of access to infonnation on sale of land, right among others however these rights have been abused when through encumbrances put on the land, they cannot use it to secure loans, evictions without compensation moreover their purchase right is ignored,. On the other hand much as this is the case, the law has managed to grant access rights to occupancy much as this remains controversial with the interests of the land owners. The study concludes that rights of a lawful and bonafide occupant are still yet to be abused if parliament does not undertake to balance the interests of the occupants with that of the owners of land. While making any other attempts to review the entrepreneurship of mailo land, then priority needs to be given the issues that surround mailo land. The study recommends that there is need to; drawing legal supportive measures to enhance borrowing; seeking legal advice; sensitizing community on their land rights; establishing the degree of subsidiary granted; recognizing the legitimacy and dynamism of derived rights; need to regulate degree of autonomy to generate acceptance and sensitizing landlords on derived rights.