Communal Land In The Pre Colonial Era
PRE-COLONIAL PERIOD
Communal land was the main system of ownership during the pre-colonial period. Management of the land was guided by customary law. The land belonged to the entire community.
Okoth Ogendo defined commons as ontologically organised land and associated resources available to corporate entities. These entities included specific communities, families or lineages.
An internal organisation in the form of an inverted pyramid managed the land which represented the different social structures in the community. The land was held as a transgenerational asset and any member had access to its resources. These resources were used in a function specific manner.
Every individual could access any category of rights in a function specific manner though the land was controlled by the political authorities in the community.
THE COLONIAL ERA
Institutions and management of community land by customary law was disintergrated during this period. Colonialists introduced the formal systems of land ownership claiming it had an economic justification.
The effects led to customary laws been treated inferior to colonial enactments and the preference of private ownership to communal land. This eventually resulted in colonialists controlling the land.
Indian land acquisition act 1894
The east African order in council led to the incorporation of the act. The act provided minimal rights to colonialist enabling them to compulsory acquire land of the railway and a ten miles zone on
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