Article 14: Right to property 99. The Government is committed to ensuring that all citizens enjoy the right to property. To this end, some of the policies that have been adopted by the Government adopted the National Land Policy which provides a framework on land administration and management in Kenya. 100. Article 40 of the Constitution allows every person the right to acquire and own property. Parliament is prohibited from enacting legislation that deprives a person of his property arbitrarily. Article 40(3) and 40(4) provide for compensation to persons for land compulsorily acquired by the Government. Such acquisition has to be only for public use and the Government has to pay promptly and in full. Such compensations are based on open market value and must include disturbance allowance. Article 60(1) deals with the Principles of the Land Policy which includes the elimination of gender discrimination in law, customs and practices in related to land and property. Article 27 provides for equality and freedom from discrimination. Article 11(2)(c) protects intellectual property rights of people of Kenya; and Article 11(2)(b) protects ownership of indigenous seed and plant variety. 101. The Land Act Cap 280, Laws of Kenya under Section 107 and 110 regulates compulsory acquisition of land in Kenya. One has to be given notice and such acquisition has to be for public interest or purpose (e.g. transport, public buildings/utilities, national security and installations, settlements of squatters). Section 111 also deals with compensation which has to be just and prompt. To this end, the National Land Commission is required to make rules for the assessment of just compensation. In Musa Dagane & others vs. the AG & others (Petition No.56 of 2009) the court awarded compensation to a community whose land had been compulsorily acquired. 102. The Land Registration Act protects the sanctity of title to land. It deals with acquiring and disposing land, consolidates and rationalizes the registration of titles to land, to give effect to the principles and objects of devolved government in land registration, and for connected purpose. 103. Challenges associated with land use have increased in both urban and rural areas as a result of rapid urbanization, inadequate land use planning, and unsustainable production methods and poor environmental management. The Government is developing a National Land Use Policy that will deal with sustainable, peaceful enjoyment and use of land in Kenya by applying land use planning principles as a basis for land use management and amend physical planning and local government laws to strengthen the enforcement of planning regulations. The Policy will ensure the development and implementation of national and regional physical development plans, rural land use plans, and urban and peri-urban land use plans, all of them developed with the full participation of stakeholders. It will promote the use of urban land for different purposes within a planned framework and establish laws and systems for the proper management of urban land use, including the practice of urban agriculture and forestry as well as informal commercial activities. The Government is also deliberating the Spatial Planning Land Draft Bill that will seek to regulate land use. 104. The Government also established the Environment and Land Court Act, Cap 12A Laws of Kenya whose objective is to resolve disputes related to land and the environment. The Court can give interim or permanent reservation orders, specific performance and can also award compensation. Section 20(1) of the Environment and Land Court Act provides that the Court can direct a case to be subjected to alternative dispute resolution (ADR) including traditional dispute resolution mechanisms. 26