These narratives raise issues surrounding ownership and transfer of property. Domestic and international laws both recognize this entitlement. Section 75 of the Kenyan Constitution prohibits the Government from compulsorily acquiring an individual’s property such as land, unless certain conditions are satisfied. In the context of international law, the UDHR declares that every person ‘has the right to own property alone’ or jointly. 207 It prohibits Governments from depriving people of their property arbitrarily. 208 The right to own property is also recognized by the CEDAW, 209 the Banjul Charter, 210 and the 1966 CERD). Generally speaking, Kenyan law does not limit the ownership of property such as land only to nationals. Nationals and non-nationals alike can buy and sell land. However, this rule only applies to the extent that the land in question is not agricultural land. 211 The law prohibits non-Kenyans and foreign owned companies from dealing in agricultural land. Section 9(1) (c) of the Land Control Act provides that the Land Control Board, the body responsible for implementing this statute, shall: refuse consent in any case in which the land or share is to be disposed of by way of sale, transfer, lease, exchange or partition to a person who is not- (i) a citizen of Kenya; or (ii) a private company or cooperative society all of whose members are citizens of Kenya; …. . Article 17. Ibid. 209 See articles 15 and 16. 210 See article 14 (The right to property shall be guaranteed). 211 Section 2 of the Land Control Act defines ‘agricultural land’ as: 207 208 (a) land that is not within (i) a municipality or a township; or (ii) an area which was, on or at any time after the 1st July, 1952, a township under the Town ships ordinance (now repealed); or (iii) an area which was, on or at any time after the 1st July, 1952, a trading centre under the Trading Centres Ordinance (now repealed); or (iv) a market; (b) land in the Nairobi Area or in any municipality, township or urban centre that is declared by the Minister, by notice in the Gazette, to be agricultural land for the purposes of this Act, other than land which, by reason of any condition or covenant in the title thereto or any limitation imposed by law, is subject to the restriction that it may not be used for agriculture or to the requirement that it shall be used for a non-agricultural purpose; OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA 35

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