The Question of Common property Regime in Kenya

Kenya public property are so often than not manage in a disintegrated and isolation. The issue in question is the ongoing debate regarding the Nairobi Northern Bypass; the government intends to build connecting Mombasa Road to Langata Road in Nairobi. Listening to the argument fronted by the conservationist and the government, one may wonder what exactly happen to the common property regime in Kenya. Road is a public property, government does not build the road to use, Road are build by the government to be used by the citizen of Kenya who ideally are the subject of the government under the law. Likewise, the game parks are also the property of the citizens of Kenya and are statutory managed by the government on behalf of the good citizen of Kenya. It is therefore safe to justify that both the road and the game park are common properties which the government are entrusted to manage and maintain on behalf of citizen of Kenya The problem The conflict we have witness manifest in heated debate whether the part of the game park ought to be ceased for the constructions of the bypass is a sign of failure by the both government and the conservationist to adhered and recorgnise common property in Kenya. A property right is the exclusive authority to determine how a resource is used, whether that resource is owned by government, collective bodies, or by individuals. All economic goods have a property rights attribute. This attribute has four broad components: 1. the right to use the good 2. the right to earn income from the good 3. the right to transfer the good to others 4. the right to enforcement of property rights. The concept of property rights as used by economists and legal scholars (see property for the legal concept) are related but distinct. The distinction is largely seen in the economists' focus on the ability of an individual or collective to control the use of the good. For example, a thief who has stolen a good would not be considered to have legal (de jure) property right to the good, but would be considered to have economic (de facto) property right to the good It is therefore follows that property such as road and game park are not only common property but also very important. Citizen of Kenya ought to see how the common property regime can be included in property use in Kenya. The selective and isolation kind of property management in Kenya only hurt our economy and does not add value to the livelihood of Kenya. I reckon that the game park is important, but also aware that the road is equally as important as the game park.