In Kenya, the failure to enact legislation to prescribe minimum and maximum land holding acreages for private land has been a long-standing issue, with the deadline stipulated in the Fifth Schedule for this legislation expiring over a decade ago. This is an issue of great importance, as it is essential for promoting economic justice and ensuring that property ownership is distributed equitably among citizens. In order to mobilize support among fellow parliamentarians and the general public for this legislation, it is necessary to draw upon theoretical perspectives on property to make public policy arguments in favour of its enactment. This essay will argue that enacting legislation to prescribe minimum and maximum land holding acreages for private land is critical for promoting economic justice and must be prioritized by legislators, drawing upon theoretical perspectives on property draw public policy arguments in favour of enactment of the legislation.In order to promote economic justice, it is essential to ensure that property ownership is distributed equitably among citizens. This concept is based on the principle of fairness, which is a fundamental element of economic justice. Studies have revealed that when property ownership is concentrated in the hands of a few, it can lead to economic inequality and social unrest. For instance, a World Bank study found that in countries where property ownership is concentrated among a small number of people, the disparity between the wealthy and the impoverished is significantly wider. This evidence demonstrates the importance of equitable property ownership for achieving economic justice, and should be taken into account by legislators when making public policy decisions in favour of enacting legislation that promotes economic justice. Therefore, it is essential to ensure that property ownership is distributed equitably among citizens in order to promote economic justice.In order to promote economic justice and equity in property ownership, it is essential to limit private land holdings through legislation. A study conducted by the World Bank revealed that the top 10% of the population in Kenya owns more than 50% of the land, while the bottom 40% owns less than 1%. This alarming concentration of land ownership is a major contributor to inequality in the country, as it allows the wealthy to accumulate more wealth and resources while the poor are left with little to no access to resources. By enacting legislation to prescribe minimum and maximum land holding acreages for private land, it will be possible to prevent the accumulation of wealth in the hands of a few individuals and ensure that resources are spread more broadly in society. This will help to create a more equitable distribution of resources, allowing more citizens to have access to the resources they need to improve their quality of life. Therefore, legislators must prioritize enacting legislation to limit private land holdings, drawing upon theoretical perspectives on property and public policy arguments in favour of enactment of the legislation.Building upon the idea that legislation limiting private land holdings can help to prevent the accumulation of wealth in the hands of a few individuals, theories of ownership that recognize the importance of communal ownership and collective stewardship of resources can further inform the development of such legislation. The commons theory of ownership, for instance, emphasizes the need for collective stewardship of resources in order to ensure that resources are shared equitably and sustainably. This theory can be used to argue that private land holdings should be limited in order to prevent the accumulation of wealth in the hands of a few individuals and ensure that resources are spread more broadly in society. Furthermore, the commons theory of ownership can be used to argue that the government should play an active role in regulating land holdings in order to ensure that resources are managed in a sustainable and equitable manner. By drawing upon theories of ownership that recognize the importance of communal ownership and collective stewardship of resources, legislators can make public policy arguments in favour of enacting legislation to prescribe minimum and maximum land holding acreages for private land, thus promoting economic justice. In this way, theories of ownership that recognize the importance of communal ownership and collective stewardship of resources can help to inform the development of such legislation.Additionally, theories of land reform that emphasize land redistribution and the protection of the rights of vulnerable populations can provide a valuable framework for ensuring that the legislation is implemented effectively, building upon the theoretical perspectives of communal ownership and collective stewardship of resources discussed previously. For instance, the United Nations' Declaration on the Rights of Indigenous Peoples (UNDRIP) recognizes the right of Indigenous peoples to own, use, develop, and control the lands, territories, and resources that they have traditionally owned, occupied, or otherwise used or acquired. This declaration serves as a crucial tool for guaranteeing that the legislation is implemented in a way that respects the rights of vulnerable populations, such as Indigenous peoples, who may be disproportionately affected by land reform policies. Moreover, the International Labour Organization's Convention 169 on Indigenous and Tribal Peoples in Independent Countries outlines the need for governments to consult with Indigenous peoples before enacting legislation that affects their lands and resources. This convention provides a valuable framework for ensuring that the legislation is implemented in a way that respects the rights of Indigenous peoples and other vulnerable populations by allowing them to participate in the decision-making process. Therefore, theories of land reform that emphasize land redistribution and the protection of the rights of vulnerable populations can provide a valuable framework for ensuring that the legislation is implemented effectively, contributing to the overall goal of promoting economic justice.Building upon the importance of land reform and the protection of vulnerable populations, it is also essential to consider the importance of public consultation and participation in the legislative process. This is due to the fact that public input can provide valuable insight into the potential impacts of the legislation and how it can be improved. Moreover, public participation can help to build support for the legislation and ensure that it is implemented effectively. For instance, in Kenya, the National Land Commission has sought to involve the public in the legislative process by holding public hearings and engaging in dialogue with stakeholders. This demonstrates the importance of public consultation and participation in the legislative process, as it allows for the needs and desires of the public to be taken into account and for economic justice to be promoted. Therefore, recognizing the importance of public consultation and participation in the legislative process is essential for ensuring that the legislation is reflective of the needs and desires of the public and promoting economic justice.In conclusion, enacting legislation to prescribe minimum and maximum land holding acreages for private land is critical for promoting economic justice and must be prioritized by legislators. Drawing upon theoretical perspectives on property such as communal ownership, collective stewardship, land redistribution, and the protection of vulnerable populations, legislators can make public policy arguments in favour of enactment of the legislation. It is also important to recognize the importance of public consultation and participation in the legislative process to ensure that the legislation is reflective of the needs and desires of the public. Ultimately, economic justice can only be achieved through equitable distribution of property ownership and the implementation of legislation that limits private land holdings. It is the responsibility of legislators to ensure that these goals are met.
