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“Article 40 of the Constitution of Kenya grants every person the right to own land in Kenya. Article 47 further stipulates that the administration of land should be efficient, expeditious, reasonable, and procedurally fair. These constitutional provisions form the basis upon which land entitlement is conferred upon individuals. Rights and obligations related to land ownership encompass aspects such as land use, restrictions, sale, transfer, subletting, bequeathing, donation, development, improvement, and access to services.
These provisions also safeguard the rights of women, spouses, and children. The Matrimonial Property Act asserts that the rights and obligations of spouses to matrimonial property are equal. Furthermore, the Land Registration Act stipulates that a minor may enter into a contract under a guardian but may not be allowed to transact.”
