Reports
| Published date | 01 January 1961 |
| Date | 01 January 1961 |
| DOI | http://doi.org/10.1002/j.1099-162X.1961.tb01261.x |
Reports
KENYA.
Land
Tenure
and
Control
outside
the Native
Lands.
Sessional
Paper
No.6
1959-60.
THIS
statement of policy modifies
that
of
the
Kenya
Sessional
Paper
No.
10
of
1958-591
in
the
light
of
the criticisms
and
further consideration.
The
principal
changes proposed
are
as follows-
The
period
during
which aholder
of
a 999
year
lease, or a 99
year
lease
on which government
approval
has been given for conversion to a 999
year
term, has the option to convert to freehold is extended from
the
three years
commencing on
the
1St
January,
1961, as originally proposed, to a period
of
five years therefrom.
The
financial basis
of
such conversions has also been
slightly modified by a reduction of the original twenty years' purchase
of
the
rent
to eighteen years. Provision is also
made
to
enable
the
leaseholder, where
the title is unencumbered, to convertto freehold immediately on
payment
of the
first instalment.
The
old
right
of
the
Crown
under
the 1902 Crown
Land
Ordinance
to resume
land
for public purposes in these freehold grants is to be
withdrawn,
and
any
such acquisitions
are
to be
under
the
Indian
Land
Acquisition Act of 1894.
New
grants
are
to be
made
not, as originally proposed, in
the
form
of
ashort
lease with
the
option to convert to freehold exercisable only
when
the
specified
development conditions have been fulfilled,
but
on the basis
of
a lease co-
terminous
with
the
period stipulated for these specified developments.
The
Governor is to
have
power to extend the period of fulfilment
of
these develop-
ment
conditions
and
of the
term
of these preliminary leases, thus easing
the
conditions for
the
acquisition
of
freehold.
On
failure, however, to complete the
development conditions within
the
original period or, if
an
extension is
granted,
within
the
extended period,
the
lease is to determine automatically.
It
is proposed
that
the
control
of
sub-division
and
land
transactions shall be
placed
under
the
Divisional
and
Regional boards to be set up to deal
with
land
transactions in
the
place
of
the old Highlands Board
and
Control Board.
Perhaps
the
most
important
change is
that
in
regard
to
the
Land
Trust
Corporation
whichwas to
have
been
set
up,
consisting
of
a
majority
of
Europeans
but
including
one
African
and
one Asian,
with
power to scrutinize
and
in some
circumstances veto proposed transfers
of
freehold
land
outside
the
native areas
between
persons of different races.
The
Government
now proposes that, subject
to
the
general control machinery, there shall
be
no inhibition
on
such transfers
of
freehold between persons
of
different races.
I
J.A.A.
Vol.
XII,
No. r, p. 53. 60
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