Owing to widespread injustices in land matters, the 2010 Constitution sought to remedy this state of affairs by first recognising the uniqueness of land and including provisions on it. Chapter Five is thus dedicated to land and environment, an indication of their importance in the country’s development and heritage.
Article 260 provides for ownership of land as a form of property as a right of every person in Kenya, regardless of their gender. This right to own property is guaranteed in Article 40(1).