NdukuOutLoud

On Dismantling Property Laws and New Worldviews.

If I had the power to change one law, it would be the legal frameworks that allow and protect property ownership.

In Kenya, and across much of Africa, owning land is still seen as the ultimate indicator of wealth and status. The more land you own, the richer and more important you are. This mindset has deep roots in colonial history, but it continues to shape our politics, our conflicts, and our worldview today.

Pre-Colonial Africa: Communal Stewardship

Before colonization, land in Kenya was not “owned” in the European sense. It was held communally by clans, tribes, or extended families. Even today, about 67% of Kenya’s land is classified as community land but there have been several attempts to change this and I worry that in years to come, there might be very little left under this classification .

Land and other natural things carried spiritual significance. Land was sacred. Mountains, rivers, and forests were revered. For example : Forests and rivers around Mount Kenya are seen as dwelling places of ancestors’ spirits, and the Marsabit Spirit Forest is believed to be home to spirits, protected through customary practices. Chiefs and kings were custodians, not owners; their authority came from stewardship, not possession.

Colonization :Ownership As Authority

Among other frameworks, colonizers disrupted this system by imposing Roman dominium (absolute ownership) and John Locke’s labor theory of property, which argued that land becomes private property when someone “mixes their labor” with it. This justified taking land from Indigenous communities who lived communally or did not cultivate in European ways. Land was declared terra nullius – empty – and seized. Yes, there was the aspect of religion. And how we were convinced that God was in heaven and hence no need for the sacred sites anyway. But that is a story for another day.

Modern Consequences

Centuries later, we still live under these frameworks. Land ownership remains a marker of status and power. Those who control land control wealth, political influence, and access to resources. Land disputes dominate our courts and politics, fueling inequality and even violence.

I believe the whole idea of “owning” land is skewed. Property laws don’t just regulate ownership-they shape our worldview. They tell us that forests, rivers, and even DNA are things to be controlled, not respected. Yet we are not separate from nature, nor superior to it. We are part of it.

Why Change Them

Re-aligning these laws would force us to rethink our relationship with the planet- from one of domination to one of partnership. If property laws were reimagined away from absolute ownership:

• Land, water, and ecosystems could be treated as shared commons, managed collectively.
• Reviving communal traditions could foster unity and reduce inequality.
• Land disputes could ease, replaced by cooperation and stewardship.
• Authority would rest on responsibility-leaders recognized for protecting shared resources, not for owning them.

Encouragingly, there are already examples showing this is possible:

• The Rights of Nature Movement grants ecosystems legal personhood (rivers in New Zealand, forests in Colombia).
• Ecuador’s constitution recognizes nature’s right “to exist, persist, maintain and regenerate.”
• Indigenous worldviews are influencing modern law, shifting from ownership to stewardship.
• We have Uganda, which recognizes customer land rights, and communities can register land collectively. In Kenya, too. Though pressures to privatize remain. And we have this thing where we blatantly disregard laws for selfish interests.

Divided No More

Changing property laws could restore unity, equality, and ecological harmony across Africa. It would be a profound step toward dismantling the colonial legacy of ownership and re-centering our societies on stewardship, respect, and shared responsibility.