Nairobi
24th June, 2025
The National Land Commission on Tuesday held a one-day consultative forum on advisory on minimum and maximum landholding in Kenya for agricultural land as persistent fragmentation threatens the country’s economic mainstay.
Article 68 (c) (i) of the Constitution of Kenya, 2010, requires Parliament to enact legislation to prescribe minimum and maximum land holding acreages in respect of private land and regulate the way any land may be converted from one category to another. Section 159 of the Land Act 2012 stipulated that the minimum land-holding acreage shall be subject to the provisions of Article 66(1) of the Constitution and the legislation envisaged therein.
There have been attempts in the past to legislate the minimum and maximum landholding but all the efforts bore no fruit.
Speaking at the forum, NLC Commissioner Hon. Esther Murugi observed that “land has been fragmented into small uneconomic sizes as the owners seek to cash in on high demand and our insatiable appetite for land that has driven individuals into using any means possible to own land”, as she also recalled the past failed efforts at coming up with legislation.
“Today, we are here not to start from scratch, but to build on these past efforts, to consolidate emerging data, and to input in the draft advisory and ensure that it is practical, inclusive, and implementable. It
On her part, NLC CEO Kabale Tache Arero attributed the unceasing fragmentation of agricultural land to a population surge, inheritance and cultural land transfers, land subdivisions, and speculative buying.
“This fragmentation threatens our nation’s food security, undermines rural development, and exacerbates poverty. Addressing this, and proactively preventing future issues, necessitates the development of clear advisories on both minimum and maximum land sizes,” the CEO remarked.
The advisory that is being developed, the CEO noted, will recommend the minimum viable land sizes and advise on maximum land sizes for optimal and sustainable agricultural production. In addition, it will guide land use and settlement organization patterns in agricultural land throughout the country, recommend strategies for strengthening institutional coordination, implementation and enforcement of the recommended minimum viable land sizes and recommend a mechanism for monitoring and evaluating implementation of the recommended minimum viable land sizes in the country.
“Let this be the beginning of a conversation that will shape the future of effective land use and equitable land distribution in Kenya,” said Ms Kabale.
She thanked all the stakeholders and development partners for honouring the invitation to give their views and comments on the important subject of discussion.
The preparation of the advisory is being undertaken by NLC with support from the Food and Agriculture Organisation of the United Nations (FAO) and in collaboration with the University of Nairobi, the Ministry of Agriculture and Livestock Development, and the State Department of Lands and Physical Planning among others.