Land Disputes Resolution in Kenya: a Comparison of the Environment and Land Court and the Land Disputes Tribunal

Abstract

Until recently, the legal framework on land was marred by the existence of multiple land laws, some of which were incompatible. These laws, coupled with the rampant land injustices hampered efficacy in land ownership, management and administration of land. As a result, the Constitution of Kenya (CoK) has changed the laws on land and the dispute resolution institutions. The CoK has created the Environment and Land Court (ELC), which shall be a superior Court with the status of the High Court with the jurisdiction to hear and determine disputes relating to the environment and the use and occupation of, and title to land. This study seeks to critically examine the effectiveness of the ELC as one of the main institutions mandated to deal with land disputes.