THE IMPACT OF LEGISLATION ON CUSTOMARY LAND TENURE SYSTEM IN GHANA AND KENYA

Abstract

RACT
Although Land Tenure system is an English term, its significance is not completely alien to
African communities that existed prior to the advent of colonial rule in Africa. The term
simply answers the question; how is land being owned and used in any given society. That
is to say, it describes the nature of land holding in the said society. This paper investigated
how land was being held and used in Ghana and Kenya prior to the advent of colonial rule
in these countries. The investigation was done in three phases; the nature of land holding
in the pre-colonial era, the colonial era and the post-colonial era. The paper revealed that
in Ghana land was and is still seen as a Deity and owned by ancestors. That is to say, no
human person own land and it is not owned on absolute ownership basis. Though a
freehold nature of land tenure, particularly special lands like Stool land. The paper also
looked at the legal frameworks at the colonial era and the impact of same on the people.
The research was taken to what the current land tenure systems are in those countries and
how the Neo-colonialisation still holds sway. The Doctrinal research method was adopted
in the work. Legislation on land which were brought about firstly by the Colonial
Administration impacted so negatively on customary land holding, particularly in Kenya.
The indigenous owners of the land became slaves to foreign settlers. The work concluded
that the main agendum was to water down the efficacy of customary laws on land, which
was achieved through the instrumentality of these Statutes. The paper therefore
recommends the amendment of the Kenyan Land Act and the Constitution of Kenya. It also
recommends the amendment of the Land Act of Ghana