The debate over land ownership and economic justice is an age-old one, and it is one that has been particularly relevant in Kenya since the enactment of the 2010 Constitution. Article 68(c)(i) of the Kenyan Constitution mandates the Parliament to enact legislation “to prescribe minimum and maximum land holding acreages in respect of private land…”, yet this legislation has not been enacted over a decade later. As a first-time legislator concerned about economic justice, I believe that the enactment of this legislation is an important step towards achieving economic justice and should be supported by all citizens. To make my public policy arguments in favour of the enactment of this legislation, I will draw from property rights theories which prioritize access, autonomy, and equity. Through this essay, I will explain why the enactment of this legislation is necessary for economic justice and how it can be achieved.Property rights theories prioritize access to land as a key component of economic justice, and the enactment of legislation to prescribe minimum and maximum land holding acreages in respect of private land would ensure that access is fair and equitable for all. According to the International Land Coalition, access to land is a fundamental human right, and is essential for economic justice. This is further supported by the United Nations Declaration on the Rights of Indigenous Peoples, which states that indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use. The World Bank's Land and Poverty Conference 2019 also highlighted the importance of access to land as a key factor in achieving economic justice. This legislation is an important step towards economic justice, and should be supported through the use of property rights theories which prioritize accessibility, autonomy, and equity. By prescribing minimum and maximum land holding acreages, this legislation would ensure that access to land is fair and equitable for all, and would be a significant step towards achieving economic justice.Property rights theories emphasize the importance of autonomy, meaning that the owner of the land should have the right to determine the use of the land according to their own preferences. This right to autonomy is essential for indigenous peoples, who have historically been denied the right to determine their own land use and management. To ensure that landowners are not forced to conform to predetermined landholding limits, the enactment of legislation to prescribe minimum and maximum land holding acreages in respect of private land is necessary. This would allow landowners to make decisions about their land use and management without interference from the government or other external forces, as stated in the United Nations Declaration on the Rights of Indigenous Peoples. By recognizing the importance of autonomy in property rights theories, the enactment of legislation to prescribe minimum and maximum land holding acreages in respect of private land is an important step towards economic justice, and should be supported.Property rights theories emphasize the importance of equity, which requires that land ownership should be equally distributed among the population. To achieve this, the enactment of legislation to prescribe minimum and maximum land holding acreages in respect of private land is essential. For instance, the Homestead Act of 1862 in the United States provided 160 acres of land to any settler who was willing to cultivate the land and live on it for five years. This act was designed to ensure that land ownership was not concentrated in the hands of a few individuals, but rather, was accessible to all citizens. Similarly, the implementation of legislation to prescribe minimum and maximum land holding acreages in respect of private land would guarantee that land ownership is not monopolized by a select few. This would ensure that land ownership is accessible to all citizens, regardless of their economic or social status. Consequently, the enactment of legislation to prescribe minimum and maximum land holding acreages in respect of private land is an important step towards economic justice, and should be supported through the use of property rights theories which prioritize accessibility, autonomy, and equity.Despite the clear mandate from the Fifth Schedule of the Kenyan constitution to enact legislation to prescribe minimum and maximum land holding acreages in respect of private land over a decade ago, this legislation has yet to be passed. This delay has resulted in an unequal distribution of land ownership, with a few individuals controlling the majority of the land. This lack of economic justice has had a detrimental effect on the Kenyan people, as they are unable to access the resources they need to thrive. For example, many small-scale farmers are unable to access the land they need to grow crops, leading to a decrease in food security and an increase in poverty. Passing this legislation is an important step towards ensuring that all citizens have access to the resources they need to succeed. This would help to create a more equitable distribution of land ownership, allowing more people to access the resources they need to improve their lives. This demonstrates the importance of enacting the legislation to prescribe minimum and maximum land holding acreages in respect of private land, as it is a necessary step towards achieving economic justice and should be supported by all citizens.The enactment of legislation to prescribe minimum and maximum land holding acreages in respect of private land would not only ensure access, autonomy, and equity, it would also help to protect vulnerable communities from exploitation and ensure sustainable development. Additionally, the implementation of land holding acreages would prevent large-scale land grabs, which have been known to displace vulnerable communities and lead to environmental degradation. Moreover, it would ensure that vulnerable communities are not taken advantage of by powerful landowners, as they would be able to access land that is not already owned by someone else. Furthermore, the implementation of land holding acreages would help to ensure sustainable development, as it would limit the amount of land that can be used for development purposes, thus preserving the environment. Finally, the implementation of land holding acreages would help to ensure that land is distributed equitably, thus preventing the concentration of land in the hands of a few powerful individuals. In conclusion, by implementing land holding acreages, we can ensure access, autonomy, and equity for all citizens, while also protecting vulnerable communities from exploitation and ensuring sustainable development.In conclusion, the enactment of legislation to prescribe minimum and maximum land holding acreages in respect of private land is an important step towards economic justice, and should be supported through the use of property rights theories which prioritize accessibility, autonomy, and equity. Property rights theories provide a framework for understanding the importance of access to land, autonomy, and equity in creating a just and equitable society. By enacting this legislation, we can ensure that land ownership is not concentrated in the hands of a few individuals, and that vulnerable communities are protected from exploitation. It is time for us to take action and ensure that economic justice is achieved in Kenya. We must work together to ensure that this legislation is enacted and that all citizens have access to the resources they need to thrive.
