Month: April 2012

  • 2012/2013 Elections-anyone can be president as long as they implement the Land Value taxation.

    2012/2013 Elections-anyone can be president as long as they implement the Land Value taxation.

    Land Value Taxation in Kenya.

    Land Value Tax is a tax levied annually to owners of land. On the premise that land is God-given and therefore can’t be created  by man, taxing it will not punish diligent hardworking Kenyans as opposed to Income Tax and VAT.

    Income Tax and VAT is levied on the most diligent hard working Kenyans. The harder they work, the more Income and VAT they pay-hence it seems like some sort of punishment for working hard.

    On the contrary, Land Value tax is levied only on Land Owners who collect rent from Kenyans and utilize the land to produce goods for sale.

    Vacant Land.

    Land Value Tax is levied on vacant land at the same rate as land which is completely developed to its maximum output. Zones that have more value and attract higher rent will pay higher tax than zones with lower rents.

    This encourages owners of vacant land to develop their land so as to obtain profits which they can use to pay off the Land Value tax.

    Vacant land owners will also sell off their lands if they do not have the finances to develop, hence giving an opportunity to other people who have the capacity to develop the land.

    Half of the arable land nationwide is owned by a mere 20% of the population (Syagga 2006).

    ADVANTAGES.

    Lower Land Prices.

    This discourages hoarding and speculating on land . The result is that land will be in plenty of supply hence a reduction of the spiraling cost.

    For example, a 1/8th acre plot in Syokimau is now in the range of KES 2m and increasing annually at a rate of 20%, notwithstanding the fact that the area has no sewer and tarmarked roads.

    Lower land prices will make it easier for Kenyans who would want to acquire land to live in or produce goods and services. At the moment, goods and services in Kenya are expensive because the cost of land is added to the cost of producing the goods and services, hence higher cost of production.

    The recent numerous workers strike can be attributed to this high cost of housing, food and other household goods.

     

    Employment.

    When land owners develop or sell their land to developers, this creates employment in all sectors of the economy.

    Ease of Tax collection.

    The current method of tax collection, income tax and VAT opens channels whereby people evade payments. With Land Value taxation, it will be impossible to evade tax.

    Payment of tax will also encourage citizens to participate in Governance issues.

    Improved Food Production.

    Land owners holding agricultural land will be forced to employ workers to produce food so as to enable them pay the Land Value tax. This will result in Kenya being a net exporter of food. Also, this will create job opportunities in the agricultural sector.

    Land owners without the capital to produce will be forced to sell to Kenyans who will then utilize the land for gainful agricultural production.

    Lower infrastructure costs for Government.

    Government spending on roads, sewers and electricity infrastructure will reduce since vacant land in areas already served by the infrastructure will be developed. There will be less urban sparawl hence maximum utility of existing infrastructure.

    Thika Road example.

    The Government has spent over KES 30B to improve Thika road into a super highway. In between Nairobi CBD and Thika town, there are many vacant lands. These lands are not giving Kenyans the opportunity to utilize Thika road effectively. If they are developed into housing for example, Kenyans will enjoy advantages of living next to a superhighway and will be more productive due to ease of transportation

    HongKong.

    In HongKong, the Government raises 38% of its revenue through Land Value Taxation.

    http://www.interest.co.nz/news/44914/opinion-merits-land-value-tax-lessons-hong-kong

    Taiwan.

    In Taiwan, the Government levies Land Value Tax at 0.2 % for owner-occupied residentials and up to 5.5% on other land usages.

    http://www.globalpropertyguide.com/Asia/Taiwan/Taxes-and-Costs

    .

     

     

    This improved productivity will result into more production of goods and services hence an increase in economic growth.

    Also, the KES 30 B investment in the superhighway has resulted in land values along Thika road rising.

    5 Years ago, a ¼ acre plot at Kahawa Sukari  costed KES 600,000. It now costs KES 5,000,000, representing an 800% increase.

    All this profit goes to the land owner.

    This profit has been created by the Kenya Government in laying the infrastructure as opposed to the land owner’s sweat.

    Its only fair that such profit should be shared by the creators of it i.e. the Government through Thika Superhighway investment.

    Through the Land Value taxation, the Government will collect higher Land Value taxes along such a road since the Land Value tax is based on the value of the land. The higher the value of the land, the higher the tax.

    Difference between Land Rates and Land Value Tax.

    The difference between the current system of Land Rates and the Land Value tax is in that Land rates are not pegged to the maximum potential land rent value. Land Value tax is pegged on the maximum rental income that a land can achieve. The current Land Rates along Thika road are a few thousand shillings per year. With the Land Value system, this amount will be valued as a % of the maximum rental income the land can achieve.

    Kahawa Sukari.

    A house in Kahawa Sukari for example attracts a rental income of say kes 20,000 per month =240,000 per year. Assuming a Land Value tax of 10%[In other countries such as Taiwan, Land Value Tax ranges from between 0.2% to 5.5.%.], this works out to KES 24,000 per year. The Landlord will not pay any other tax such as VAT, Income Tax e.t.c which he currently pays at 16% for VAT and between  10% to 30% for Income Tax. The 24,000 a year fee will not be bad considering he will get better roads, security, schools, and hospitals in return.

    With such amounts of money, the Government will be very liquid and infrastructure costs will be catered for very easily. There will be money to hire more police, doctors, build roads, schools and other developments without the expensive World bank/IMF loads.

     

    Conclusion.

    As we move towards the 2012/2013 presidential elections, it’s my wish that any of the candidates considers this method of improving our economy.

    The method is so simple that any presidential candidate with the will to help Kenyans will be able to implement this efficiently.

    Architect Francis Gichuhi Kamau.

    info@a4architect.com

    +254721410684

    www.a4architect.com

  • 2012/2013 Elections-anyone can be president as long as they implement the Land Value taxation.

    Land Value Taxation in Kenya.

    Land Value Tax is a tax levied annually to owners of land. On the premise that land is God-given and therefore can’t be created  by man, taxing it will not punish diligent hardworking Kenyans as opposed to Income Tax and VAT.

    Income Tax and VAT is levied on the most diligent hard working Kenyans. The harder they work, the more Income and VAT they pay-hence it seems like some sort of punishment for working hard.

    On the contrary, Land Value tax is levied only on Land Owners who collect rent from Kenyans and utilize the land to produce goods for sale.

    Vacant Land.

    Land Value Tax is levied on vacant land at the same rate as land which is completely developed to its maximum output. Zones that have more value and attract higher rent will pay higher tax than zones with lower rents.

    This encourages owners of vacant land to develop their land so as to obtain profits which they can use to pay off the Land Value tax.

    Vacant land owners will also sell off their lands if they do not have the finances to develop, hence giving an opportunity to other people who have the capacity to develop the land.

    Half of the arable land nationwide is owned by a mere 20% of the population (Syagga 2006 ).

    ADVANTAGES.

    Lower Land Prices.

    This discourages hoarding and speculating on land . The result is that land will be in plenty of supply hence a reduction of the spiraling cost.

    For example, a 1/8th acre plot in Syokimau is now in the range of KES 2m and increasing annually at a rate of 20%, notwithstanding the fact that the area has no sewer and tarmarked roads.

    Lower land prices will make it easier for Kenyans who would want to acquire land to live in or produce goods and services. At the moment, goods and services in Kenya are expensive because the cost of land is added to the cost of producing the goods and services, hence higher cost of production.

    The recent numerous workers strike can be attributed to this high cost of housing, food and other household goods.

    Employment.

    When land owners develop or sell their land to developers, this creates employment in all sectors of the economy.

    Ease of Tax collection.

    The current method of tax collection, income tax and VAT opens channels whereby people evade payments. With Land Value taxation, it will be impossible to evade tax.

    Payment of tax will also encourage citizens to participate in Governance issues.

    Improved Food Production.

    Land owners holding agricultural land will be forced to employ workers to produce food so as to enable them pay the Land Value tax. This will result in Kenya being a net exporter of food. Also, this will create job opportunities in the agricultural sector.

    Land owners without the capital to produce will be forced to sell to Kenyans who will then utilize the land for gainful agricultural production.

    Lower infrastructure costs for Government.

    Government spending on roads, sewers and electricity infrastructure will reduce since vacant land in areas already served by the infrastructure will be developed. There will be less urban sparawl hence maximum utility of existing infrastructure.

    Thika Road example.

    The Government has spent over KES 30B to improve Thika road into a super highway. In between Nairobi CBD and Thika town, there are many vacant lands. These lands are not giving Kenyans the opportunity to utilize Thika road effectively. If they are developed into housing for example, Kenyans will enjoy advantages of living next to a superhighway and will be more productive due to ease of transportation.

    This improved productivity will result into more production of goods and services hence an increase in economic growth.

    Also, the KES 30 B investment in the superhighway has resulted in land values along Thika road rising.

    5 Years ago, a ¼ acre plot at Kahawa Sukari  costed KES 600,000. It now costs KES 5,000,000, representing an 800% increase.

    All this profit goes to the land owner.

    This profit has been created by the Kenya Government in laying the infrastructure as opposed to the land owner’s sweat.

    Its only fair that such profit should be shared by the creators of it i.e. the Government through Thika Superhighway investment.

    Through the Land Value taxation, the Government will collect higher Land Value taxes along such a road since the Land Value tax is based on the value of the land. The higher the value of the land, the higher the tax.

    HongKong.

    In HongKong, the Government raises 38% of its revenue through Land Value Taxation.

    http://www.interest.co.nz/news/44914/opinion-merits-land-value-tax-lessons-hong-kong

    Taiwan.

    In Taiwan, the Government levies Land Value Tax at 0.2 % for owner-occupied residentials and up to 5.5% on other land usages.

    http://www.globalpropertyguide.com/Asia/Taiwan/Taxes-and-Costs

    Difference between Land Rates and Land Value Tax.

    The difference between the current system of Land Rates and the Land Value tax is in that Land rates are not pegged to the maximum potential land rent value. Land Value tax is pegged on the maximum rental income that a land can achieve. The current Land Rates along Thika road are a few thousand shillings per year. With the Land Value system, this amount will be valued as a % of the maximum rental income the land can achieve.

    Kahawa Sukari.

    A house in Kahawa Sukari for example attracts a rental income of say kes 20,000 per month =240,000 per year. Assuming a Land Value tax of 10%[ In other countries such as Taiwan, Land Value Tax ranges from between 0.2% to 5.5.%. ], this works out to KES 24,000 per year. The Landlord will not pay any other tax such as VAT, Income Tax e.t.c which he currently pays at 16% for VAT and between  10% to 30% for Income Tax. The 24,000 a year fee will not be bad considering he will get better roads, security, schools, and hospitals in return.

    With such amounts of money, the Government will be very liquid and infrastructure costs will be catered for very easily. There will be money to hire more police, doctors, build roads, schools and other developments without the expensive World bank/IMF loads.

    Conclusion.

    As we move towards the 2012/2013 presidential elections, it’s my wish that any of the candidates considers this method of improving our economy.

    The method is so simple that any presidential candidate with the will to help Kenyans will be able to implement this efficiently.

    Architect Francis Gichuhi Kamau.

    info@a4architect.com

    +254721410684

    www.a4architect.com

  • Annual Land Value Tax.

     Annual Land Value Tax.

     

    In 2010, Kenyans voted in favor of a new constitution that clearly states as below:

    61.  (1) All land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals.

    Therefore, the benefits derived from land must be shared by the people of Kenya .

    As we all know, factors of production are Land, Capital and Labour.

    The current Tax system taxes capital and labour in terms of VAT and Income tax.

    Land.

    Land as a component devoid of the actual building is God-given. It cannot be manufactured or increased. It’s a constant. All that man can do is to increase its value by adding capital and labour.

    By the Government taxing Capital and Labour, this increases the cost of production hence negative impact on the economy. The VAT on goods and services only serve to increase the cost of acquiring the particular goods or services by the Mwananchi/Citizen.

    Unfair Tax system.

    To make the tax fair, a Land Value tax should be levied on the value of the bare land. This tax will not increase productivity since land is God-given and therefore tax on value of land does not increase the land’s productivity. Land as a factor of production is fixed –it can’t be increased or changed in any manner apart from the manner that God created it.

    Tax on value of land will in essence reduce the need to tax labour and capital in VAT and Income tax.

    Annual Land Value Tax.

    Land Value tax will be a % of the annual rental income that the land can generate to its maximum. Each area in Kenya is Zoned by the Local Authority in terms of number of floors one can construct up, ground coverage and number of dwellings per acre of land.

    This will be calculated and all land owners will be required to pay a Tax on the annual rental income based on such factors. For example, a land owner having a vacant acre of land in Upper hill or Nairobi CBD will be required to pay an annual Land Value tax just like his neighbor with a 10 floor building.

    Upper Hill/Nairobi CBD example.

    Assuming an acre of land in Upper Hill has a potential as below:

    https://www.a4architect.com/2011/02/12/commercial-property-in-upper-hill-nairobi/

    With an annual rent of KES 1000 per m2 x 20,000m2x12months =KES 240m. Assuming a Land Value Tax of 10%=KES 24m per acre.

    In other countries such as Taiwan, Land Value Tax ranges from between 0.2% to 5.5.%.

     

    The man with a vacant 1 acre plot will also be required to pay tax to Nairobi County to the tune of KES 24m per year.

    This applies to all neighborhoods e.g Kitengela, Kayole, Ongata Rongai e.t.c

     

    Umoja/Kayole /Easleigh,Ngara/Mathare North  example.

    Assuming a one acre plot in Umoja,Rongai,Kayole[KES 10,000 per month for 2 bedroomed], the potential is as below:

    https://www.a4architect.com/2011/10/07/18th-land-development-for-one-bedroomed-and-bedsitter-flats-rental/

     

    With an annual rent of KES200, 000 per month  x 12=KES 2.4m.

    Assuming a land Value tax of 10% =KES 240,000 per 1/8th =1.68m per acre.

     

    The 1.68m per acre will be required to be paid to Nairobi County by anyone holding land in Umoja,Rongai,Kayole area as Land Value tax.

    Nairobi City Annual Land Value Tax calculation example-KES 667 Billion .

    Nairobi city is 171,985 acres in size. Assuming 20% of this is roads,20% is left to conform to permitted 80% Ground Coverage and 30% of this is public land, we have 52,000 acres in private hands.

    For illustration purposes, we will take the median between the most expensive rent[Upper Hill and CBD] and the least expensive[KES10,000 per month for 2 bedroomed]=12.84m per acre as Land Value tax per year.

    A more accurate Land Value will need to be calculated based on each Nairobi Zone.

    Total revenue collected by Nairobi County will be 52,000acres x 12.84 m per acre=more than 667 Billion KES.

    In a nutshell, the amount taxed on Land Value will be so much that Nairobi County will be able to afford to lay commuter rail, tarmac roads, hospitals, schools, housing for the poor e.t.c and still remain with much more money.

    HongKong.

    In HongKong, the Government raises 38% of its revenue through Land Value Taxation.

    http://www.interest.co.nz/news/44914/opinion-merits-land-value-tax-lessons-hong-kong

    Taiwan.

    In Taiwan, the Government levies Land Value Tax at 0.2 % for owner-occupied residentials and up to 5.5% on other land usages.

    http://www.globalpropertyguide.com/Asia/Taiwan/Taxes-and-Costs

    Bridging the Gap between Rich and Poor.

    This is a perfect classic example of wealth distribution and bridging the gap between the rich and the poor without resorting to Civil Unrest.

    There will be no need to tax employees any more so as to sustain the economy. VAT and Income Tax can then be abolished and the Land value tax comes into play.

    My assumptions of a 10% tax above are quite high-the figure can be brought down to a more acceptable value.

     

    Each neighborhood will have a different land value based on the maximum rental income per year.

     

     

    Effects on Land Value Tax to the Kenyan Economy.

     

    1. Reduction of Urban Sprawl-maximum utility of Infrastructure.

    People holding large lands and are not utilizing their lands to the maximum value will be required to pay the Land Value tax just like their neighbors who have utilized the maximum value of the land. This will result in people holding land within areas whereby the Government has already laid infrastructure such as Sewer, Tarmac road, Electricity to develop the land or sell to developers.

    Government spends a lot of money to lay roads, water, and electricity around the country. Some people own undeveloped lands that are within such serviced areas. These lands do not utilize the services hence a loss to the economy. The loss to the economy is a gain to the land owner in that he can sell his property at a very high price because of the services present.

    For example, someone holding a 1 acre land in the CBD of a fast growing town such as Kitengela will have the land value rise very highly every year. The reason the value is rising is mainly because of the improved Namanga road, lower bank interest, population increase e.t.c.  These are situations that the land owner has not contributed to adding the value. Since these situations are caused by the community in totality, the added value needs to be shared by the same community that resulted into the added value.

    The community can only benefit once the owner of the vacant plot pays the Annual Land Value tax to the County Government.

    The County Government then improves the roads, schools, hospitals, e.t.c.

    The Land Value Tax comes ensures that this high land value due to the services present is turned back to the community that has contributed as opposed to only the owner of the land.

    1. Ensuring that all Tax to Government is paid.

    The current tax system in Kenya hereby Government taxes businesses and individuals in Income tax and VAT is not fool-proof. Many businesses and individuals employ the services of hawk-eyed lawyers to utilize all opportunities for tax evasion. This tax is in a way punitive since it punishes individuals and businesses for working hard-the harder they work, the higher they pay in tax.

    This tax increases their cost of production hence pricing them out of the market.

    A tax on land does not increase the cost of production since land is not man-made.

    Land is immoveable so it’s easy for Government to see and audit the tax to be levied to all land owners.

    1. Reducing the bubble-effect to property.

    The current system in Kenya whereby vacant land owners in areas where there are good roads, schools hospitals, high populations are able to sell at a very high price is slowly turning towards a bubble. For instance, for the last 10 years, property value has been increasing by 20% each year. A 200,000 plot a few years ago is now costing KES 2.5m and growing every year.

    Land in Konza was selling for KES 200,000 an acre 2 years ago. It now costs KES 4m per acre, representing a 2,000& land value increase.

    At this rate, the future of the current generation already in Primary schools is not guaranteed. They will never be able to afford the high price of land.

    According to Ministry of Youth Affairs, 75% of the Kenyan population is below 30 years of age.

    http://www.youthaffairs.go.ke/

    This is the population that is faced with the very high land prices while the salaries and wages remain the same or are not available in cases of joblessness.

    This is a perfect recipe for Civil Unrest unless the Government foresees this and effects mechanisms to ensure affordability of land.

    When people holding vacant lands are forced to pay the Land Value tax, they will develop their property or will sell to developers. The effect is that there will be a lot of buildings, thereby reducing the demand for high rent hence affordability. Instruments such as the rent tribunal will not be needed in this case.

    Also, there will be a lot of land for sale, thereby reducing the demand for land hence lower land prices that current. This will allow for affordability of land for housing and business purposes.

    1. Increasing Job Opportunity.

    When persons holding vacant land are forced to pay the Land Value tax, they will develop their land or sell to developers. This will cause an increase in the amount of job opportunities beginning from the construction industry. Other job opportunities will spiral off the construction industry hence a thriving economy with less unemployment.

    In the Rift Valley for example, the owners of the vast agricultural land will be forced to ensure their lands are productive enough to pay the Annual Land Value Tax. They will then employ superior farming techniques which will result to employment and increase in production for local use or export. This will ensure there is abundant food hence reducing price of food in Kenya and at the same time increasing job opportunities in the agriculture sector.

     

    Conclusion.

    Annual Land Value tax is a concept that should be embraced in Kenya. This concept is in line with the new constitution whereby people are assured of their right to housing.

    This concept was developed by Henry George (September 2, 1839 – October 29, 1897).

    Land Value tax is currently being used in some states in U.S.A such as Pennsylvania.

    Also some states in Australia such as New South Wales.

    Hong Kong also utilizes this system.

    Ireland plans to affect this system from 2013.

    It’s my hope that the Government will utilize this concept for a better Kenya.

    Architect Francis Gichuhi kamau.

    info@a4architect.com

    +254721410684.

     

     

     

     

  • Solution to Kenya’s Poverty and Landlessness. Annual Land Value Tax.

    Solution to Kenya’s Poverty and Landlessness. Annual Land Value Tax.

     

    In 2010, Kenyans voted in favor of a new constitution that clearly states as below:

    61.  (1) All land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals.

    Therefore, the benefits derived from land must be shared by the people of Kenya .

    As we all know, factors of production are Land, Capital and Labour.

    The current Tax system taxes capital and labour in terms of VAT and Income tax.

    Land.

    Land as a component devoid of the actual building is God-given. It cannot be manufactured or increased. It’s a constant. All that man can do is to increase its value by adding capital and labour.

    By the Government taxing Capital and Labour, this increases the cost of production hence negative impact on the economy. The VAT on goods and services only serve to increase the cost of acquiring the particular goods or services by the Mwananchi/Citizen.

    Unfair Tax system.

    To make the tax fair, a Land Value tax should be levied on the value of the bare land. This tax will not increase productivity since land is God-given and therefore tax on value of land does not increase the land’s productivity. Land as a factor of production is fixed –it can’t be increased or changed in any manner apart from the manner that God created it.

    Tax on value of land will in essence reduce the need to tax labour and capital in VAT and Income tax.

    Annual Land Value Tax.

    Land Value tax will be a % of the annual rental income that the land can generate to its maximum. Each area in Kenya is Zoned by the Local Authority in terms of number of floors one can construct up, ground coverage and number of dwellings per acre of land.

    This will be calculated and all land owners will be required to pay a Tax on the annual rental income based on such factors. For example, a land owner having a vacant acre of land in Upper hill or Nairobi CBD will be required to pay an annual Land Value tax just like his neighbor with a 10 floor building.

    Upper Hill/Nairobi CBD example.

    Assuming an acre of land in Upper Hill has a potential as below:

    http://www.a4architect.com/2011/02/12/commercial-property-in-upper-hill-nairobi/

    With an annual rent of KES 1000 per m2 x 20,000m2x12months =KES 240m. Assuming a Land Value Tax of 10%=KES 24m per acre.

    In other countries such as Taiwan, Land Value Tax ranges from between 0.2% to 5.5.%.

     

    The man with a vacant 1 acre plot will also be required to pay tax to Nairobi County to the tune of KES 24m per year.

    This applies to all neighborhoods e.g Kitengela, Kayole, Ongata Rongai e.t.c

     

    Umoja/Kayole /Easleigh,Ngara/Mathare North  example.

    Assuming a one acre plot in Umoja,Rongai,Kayole[KES 10,000 per month for 2 bedroomed], the potential is as below:

    http://www.a4architect.com/2011/10/07/18th-land-development-for-one-bedroomed-and-bedsitter-flats-rental/

     

    With an annual rent of KES200, 000 per month  x 12=KES 2.4m.

    Assuming a land Value tax of 10% =KES 240,000 per 1/8th =1.68m per acre.

     

    The 1.68m per acre will be required to be paid to Nairobi County by anyone holding land in Umoja,Rongai,Kayole area as Land Value tax.

    Nairobi City Annual Land Value Tax calculation example-KES 667 Billion .

    Nairobi city is 171,985 acres in size. Assuming 20% of this is roads,20% is left to conform to permitted 80% Ground Coverage and 30% of this is public land, we have 52,000 acres in private hands.

    For illustration purposes, we will take the median between the most expensive rent[Upper Hill and CBD] and the least expensive[KES10,000 per month for 2 bedroomed]=12.84m per acre as Land Value tax per year.

    A more accurate Land Value will need to be calculated based on each Nairobi Zone.

    Total revenue collected by Nairobi County will be 52,000acres x 12.84 m per acre=more than 667 Billion KES.

    In a nutshell, the amount taxed on Land Value will be so much that Nairobi County will be able to afford to lay commuter rail, tarmac roads, hospitals, schools, housing for the poor e.t.c and still remain with much more money.

    HongKong.

    In HongKong, the Government raises 38% of its revenue through Land Value Taxation.

    http://www.interest.co.nz/news/44914/opinion-merits-land-value-tax-lessons-hong-kong

    Taiwan.

    In Taiwan, the Government levies Land Value Tax at 0.2 % for owner-occupied residentials and up to 5.5% on other land usages.

    http://www.globalpropertyguide.com/Asia/Taiwan/Taxes-and-Costs

    Bridging the Gap between Rich and Poor.

    This is a perfect classic example of wealth distribution and bridging the gap between the rich and the poor without resorting to Civil Unrest.

    There will be no need to tax employees any more so as to sustain the economy. VAT and Income Tax can then be abolished and the Land value tax comes into play.

    My assumptions of a 10% tax above are quite high-the figure can be brought down to a more acceptable value.

     

    Each neighborhood will have a different land value based on the maximum rental income per year.

     

     

    Effects on Land Value Tax to the Kenyan Economy.

     

    1. Reduction of Urban Sprawl-maximum utility of Infrastructure.

    People holding large lands and are not utilizing their lands to the maximum value will be required to pay the Land Value tax just like their neighbors who have utilized the maximum value of the land. This will result in people holding land within areas whereby the Government has already laid infrastructure such as Sewer, Tarmac road, Electricity to develop the land or sell to developers.

    Government spends a lot of money to lay roads, water, and electricity around the country. Some people own undeveloped lands that are within such serviced areas. These lands do not utilize the services hence a loss to the economy. The loss to the economy is a gain to the land owner in that he can sell his property at a very high price because of the services present.

    For example, someone holding a 1 acre land in the CBD of a fast growing town such as Kitengela will have the land value rise very highly every year. The reason the value is rising is mainly because of the improved Namanga road, lower bank interest, population increase e.t.c.  These are situations that the land owner has not contributed to adding the value. Since these situations are caused by the community in totality, the added value needs to be shared by the same community that resulted into the added value.

    The community can only benefit once the owner of the vacant plot pays the Annual Land Value tax to the County Government.

    The County Government then improves the roads, schools, hospitals, e.t.c.

    The Land Value Tax comes ensures that this high land value due to the services present is turned back to the community that has contributed as opposed to only the owner of the land.

    1. Ensuring that all Tax to Government is paid.

    The current tax system in Kenya hereby Government taxes businesses and individuals in Income tax and VAT is not fool-proof. Many businesses and individuals employ the services of hawk-eyed lawyers to utilize all opportunities for tax evasion. This tax is in a way punitive since it punishes individuals and businesses for working hard-the harder they work, the higher they pay in tax.

    This tax increases their cost of production hence pricing them out of the market.

    A tax on land does not increase the cost of production since land is not man-made.

    Land is immoveable so it’s easy for Government to see and audit the tax to be levied to all land owners.

    1. Reducing the bubble-effect to property.

    The current system in Kenya whereby vacant land owners in areas where there are good roads, schools hospitals, high populations are able to sell at a very high price is slowly turning towards a bubble. For instance, for the last 10 years, property value has been increasing by 20% each year. A 200,000 plot a few years ago is now costing KES 2.5m and growing every year.

    Land in Konza was selling for KES 200,000 an acre 2 years ago. It now costs KES 4m per acre, representing a 2,000& land value increase.

    At this rate, the future of the current generation already in Primary schools is not guaranteed. They will never be able to afford the high price of land.

    According to Ministry of Youth Affairs, 75% of the Kenyan population is below 30 years of age.

    http://www.youthaffairs.go.ke/

    This is the population that is faced with the very high land prices while the salaries and wages remain the same or are not available in cases of joblessness.

    This is a perfect recipe for Civil Unrest unless the Government foresees this and effects mechanisms to ensure affordability of land.

    When people holding vacant lands are forced to pay the Land Value tax, they will develop their property or will sell to developers. The effect is that there will be a lot of buildings, thereby reducing the demand for high rent hence affordability. Instruments such as the rent tribunal will not be needed in this case.

    Also, there will be a lot of land for sale, thereby reducing the demand for land hence lower land prices that current. This will allow for affordability of land for housing and business purposes.

    1. Increasing Job Opportunity.

    When persons holding vacant land are forced to pay the Land Value tax, they will develop their land or sell to developers. This will cause an increase in the amount of job opportunities beginning from the construction industry. Other job opportunities will spiral off the construction industry hence a thriving economy with less unemployment.

    In the Rift Valley for example, the owners of the vast agricultural land will be forced to ensure their lands are productive enough to pay the Annual Land Value Tax. They will then employ superior farming techniques which will result to employment and increase in production for local use or export. This will ensure there is abundant food hence reducing price of food in Kenya and at the same time increasing job opportunities in the agriculture sector.

     

    Conclusion.

    Annual Land Value tax is a concept that should be embraced in Kenya. This concept is in line with the new constitution whereby people are assured of their right to housing.

    This concept was developed by Henry George (September 2, 1839 – October 29, 1897).

    Land Value tax is currently being used in some states in U.S.A such as Pennsylvania.

    Also some states in Australia such as New South Wales.

    Hong Kong also utilizes this system.

    Ireland plans to affect this system from 2013.

    It’s my hope that the Government will utilize this concept for a better Kenya.

    Architect Francis Gichuhi kamau.

    info@a4architect.com

    +254721410684.

     

     

     

     

  • Solution to Kenya’s Poverty and Landlessness. Annual Land Value Tax.

    Solution to Kenya’s Poverty and Landlessness. Annual Land Value Tax.

    In 2010, Kenyans voted in favor of a new constitution that clearly states as below:
    61. (1) All land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals.
    Therefore, the benefits derived from land must be shared by the people of Kenya .
    As we all know, factors of production are Land, Capital and Labour.
    The current Tax system taxes capital and labour in terms of VAT and Income tax.
    Land.
    Land as a component devoid of the actual building is God-given. It cannot be manufactured or increased. It’s a constant. All that man can do is to increase its value by adding capital and labour.
    By the Government taxing Capital and Labour, this increases the cost of production hence negative impact on the economy. The VAT on goods and services only serve to increase the cost of acquiring the particular goods or services by the Mwananchi/Citizen.
    Unfair Tax system.
    To make the tax fair, a Land Value tax should be levied on the value of the bare land. This tax will not increase productivity since land is God-given and therefore tax on value of land does not increase the land’s productivity. Land as a factor of production is fixed –it can’t be increased or changed in any manner apart from the manner that God created it.
    Tax on value of land will in essence reduce the need to tax labour and capital in VAT and Income tax.
    Annual Land Value Tax.
    Land Value tax will be a % of the annual rental income that the land can generate to its maximum. Each area in Kenya is Zoned by the Local Authority in terms of number of floors one can construct up, ground coverage and number of dwellings per acre of land.
    This will be calculated and all land owners will be required to pay a Tax on the annual rental income based on such factors. For example, a land owner having a vacant acre of land in Upper hill or Nairobi CBD will be required to pay an annual Land Value tax just like his neighbor with a 10 floor building.
    Upper Hill/Nairobi CBD example.
    Assuming an acre of land in Upper Hill has a potential as below:
    http://www.a4architect.com/2011/02/12/commercial-property-in-upper-hill-nairobi/
    With an annual rent of KES 1000 per m2 x 20,000m2x12months =KES 240m. Assuming a Land Value Tax of 10%[In other countries such as Taiwan, Land Value Tax ranges from between 0.2% to 5.5.%.]=KES 24m per acre.

    The man with a vacant 1 acre plot will also be required to pay tax to Nairobi County to the tune of KES 24m per year.
    This applies to all neighborhoods e.g Kitengela, Kayole, Ongata Rongai e.t.c

    Umoja/Kayole /Easleigh,Ngara/Mathare North example.
    Assuming a one acre plot in Umoja,Rongai,Kayole[KES 10,000 per month for 2 bedroomed], the potential is as below:
    http://www.a4architect.com/2011/10/07/18th-land-development-for-one-bedroomed-and-bedsitter-flats-rental/

    With an annual rent of KES200, 000 per month x 12=KES 2.4m.
    Assuming a land Value tax of 10% =KES 240,000 per 1/8th =1.68m per acre.

    The 1.68m per acre will be required to be paid to Nairobi County by anyone holding land in Umoja,Rongai,Kayole area as Land Value tax.
    Nairobi City Annual Land Value Tax calculation example-KES 667 Billion .
    Nairobi city is 171,985 acres in size. Assuming 20% of this is roads,20% is left to conform to permitted 80% Ground Coverage and 30% of this is public land, we have 52,000 acres in private hands.
    For illustration purposes, we will take the median between the most expensive rent[Upper Hill and CBD] and the least expensive[KES10,000 per month for 2 bedroomed]=12.84m per acre as Land Value tax per year.
    A more accurate Land Value will need to be calculated based on each Nairobi Zone.
    Total revenue collected by Nairobi County will be 52,000acres x 12.84 m per acre=more than 667 Billion KES.
    In a nutshell, the amount taxed on Land Value will be so much that Nairobi County will be able to afford to lay commuter rail, tarmac roads, hospitals, schools, housing for the poor e.t.c and still remain with much more money.

    HongKong.

    In HongKong, the Government raises 38% of its revenue through Land Value Taxation.

    http://www.interest.co.nz/news/44914/opinion-merits-land-value-tax-lessons-hong-kong

    Taiwan.

    In Taiwan, the Government levies Land Value Tax at 0.2 % for owner-occupied residentials and up to 5.5% on other land usages.

    http://www.globalpropertyguide.com/Asia/Taiwan/Taxes-and-Costs
    Bridging the Gap between Rich and Poor.
    This is a perfect classic example of wealth distribution and bridging the gap between the rich and the poor without resorting to Civil Unrest.
    There will be no need to tax employees any more so as to sustain the economy. VAT and Income Tax can then be abolished and the Land value tax comes into play.
    My assumptions of a 10% tax above are quite high-the figure can be brought down to a more acceptable value.

    Each neighborhood will have a different land value based on the maximum rental income per year.

    Effects on Land Value Tax to the Kenyan Economy.

    1. Reduction of Urban Sprawl-maximum utility of Infrastructure.
    People holding large lands and are not utilizing their lands to the maximum value will be required to pay the Land Value tax just like their neighbors who have utilized the maximum value of the land. This will result in people holding land within areas whereby the Government has already laid infrastructure such as Sewer, Tarmac road, Electricity to develop the land or sell to developers.
    Government spends a lot of money to lay roads, water, and electricity around the country. Some people own undeveloped lands that are within such serviced areas. These lands do not utilize the services hence a loss to the economy. The loss to the economy is a gain to the land owner in that he can sell his property at a very high price because of the services present.
    For example, someone holding a 1 acre land in the CBD of a fast growing town such as Kitengela will have the land value rise very highly every year. The reason the value is rising is mainly because of the improved Namanga road, lower bank interest, population increase e.t.c. These are situations that the land owner has not contributed to adding the value. Since these situations are caused by the community in totality, the added value needs to be shared by the same community that resulted into the added value.
    The community can only benefit once the owner of the vacant plot pays the Annual Land Value tax to the County Government.
    The County Government then improves the roads, schools, hospitals, e.t.c.
    The Land Value Tax comes ensures that this high land value due to the services present is turned back to the community that has contributed as opposed to only the owner of the land.
    2. Ensuring that all Tax to Government is paid.
    The current tax system in Kenya hereby Government taxes businesses and individuals in Income tax and VAT is not fool-proof. Many businesses and individuals employ the services of hawk-eyed lawyers to utilize all opportunities for tax evasion. This tax is in a way punitive since it punishes individuals and businesses for working hard-the harder they work, the higher they pay in tax.
    This tax increases their cost of production hence pricing them out of the market.
    A tax on land does not increase the cost of production since land is not man-made.
    Land is immoveable so it’s easy for Government to see and audit the tax to be levied to all land owners.
    3. Reducing the bubble-effect to property.
    The current system in Kenya whereby vacant land owners in areas where there are good roads, schools hospitals, high populations are able to sell at a very high price is slowly turning towards a bubble. For instance, for the last 10 years, property value has been increasing by 20% each year. A 200,000 plot a few years ago is now costing KES 2.5m and growing every year.
    Land in Konza was selling for KES 200,000 an acre 2 years ago. It now costs KES 4m per acre, representing a 2,000& land value increase.
    At this rate, the future of the current generation already in Primary schools is not guaranteed. They will never be able to afford the high price of land.
    According to Ministry of Youth Affairs, 75% of the Kenyan population is below 30 years of age.
    http://www.youthaffairs.go.ke/
    This is the population that is faced with the very high land prices while the salaries and wages remain the same or are not available in cases of joblessness.
    This is a perfect recipe for Civil Unrest unless the Government foresees this and effects mechanisms to ensure affordability of land.
    When people holding vacant lands are forced to pay the Land Value tax, they will develop their property or will sell to developers. The effect is that there will be a lot of buildings, thereby reducing the demand for high rent hence affordability. Instruments such as the rent tribunal will not be needed in this case.
    Also, there will be a lot of land for sale, thereby reducing the demand for land hence lower land prices that current. This will allow for affordability of land for housing and business purposes.
    4. Increasing Job Opportunity.
    When persons holding vacant land are forced to pay the Land Value tax, they will develop their land or sell to developers. This will cause an increase in the amount of job opportunities beginning from the construction industry. Other job opportunities will spiral off the construction industry hence a thriving economy with less unemployment.
    In the Rift Valley for example, the owners of the vast agricultural land will be forced to ensure their lands are productive enough to pay the Annual Land Value Tax. They will then employ superior farming techniques which will result to employment and increase in production for local use or export. This will ensure there is abundant food hence reducing price of food in Kenya and at the same time increasing job opportunities in the agriculture sector.

    Conclusion.
    Annual Land Value tax is a concept that should be embraced in Kenya. This concept is in line with the new constitution whereby people are assured of their right to housing.
    This concept was developed by Henry George (September 2, 1839 – October 29, 1897).
    Land Value tax is currently being used in some states in U.S.A such as Pennsylvania.
    Also some states in Australia such as New South Wales.
    Hong Kong also utilizes this system.
    Ireland plans to affect this system from 2013.
    It’s my hope that the Government will utilize this concept for a better Kenya.
    Architect Francis Gichuhi kamau.
    info@a4architect.com
    +254721410684.

    www.interest.co.nz/news/44914/opinion-merits-land-value-tax-lessons-hong-kong

  • Georgism

    Georgism
    From Wikipedia, the free encyclopedia

    http://en.wikipedia.org/wiki/Georgism

    Georgism (also called Geoism or Geonomics) is an economic philosophy and ideology that holds that people own what they create, but that things found in nature, most importantly land, belong equally to all.[1] The Georgist philosophy is based on the writings of the economist Henry George (1839–1897), and is usually associated with the idea of a single tax on the value of land. Georgists argue that a tax on land value is economically efficient, fair and equitable; and that it can generate sufficient revenue so that other taxes (e.g. taxes on profits, sales or income), which are less fair and efficient, can be reduced or eliminated. A tax on land value has been described by many as a progressive tax, since it would be paid primarily by the wealthy, and would reduce income inequality.[2]
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    Contents
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    1 Main tenets
    2 Synonyms and variants
    3 Influence
    3.1 Communities
    3.2 Institutes and organizations
    4 Criticisms
    5 Notable people influenced by Georgism
    6 See also
    7 Notes
    8 External links

    [edit] Main tenets
    See also: Land value tax

    Henry George is best known for his argument that the economic rent of land should be shared equally by the people of a society rather than being owned privately. George held that people own what they create, but that things found in nature, most importantly land, belongs equally to all.[1] George believed that although scientific experiments could not be carried out in political economy, theories could be tested by comparing different societies with different conditions and through thought experiments about the effects of various factors.[3] Applying this method, George concluded that many of the problems that beset society, such as poverty, inequality, and economic booms and busts, could be attributed to the private ownership of the necessary resource, land.

    In his publication Progress and Poverty George argued that: “We must make land common property.”[4] Although this could be done by nationalizing land and then leasing it to private parties, George preferred taxing unimproved land value. A land value tax would not penalize those who had already bought and improved land, and would also be less disruptive and controversial in a country where land titles have already been granted.

    It was Adam Smith who first noted the properties of a land value tax in his book, The Wealth of Nations:[5]

    Ground-rents are a still more proper subject of taxation than the rent of houses. A tax upon ground-rents would not raise the rents of houses. It would fall altogether upon the owner of the ground-rent, who acts always as a monopolist, and exacts the greatest rent which can be got for the use of his ground. More or less can be got for it according as the competitors happen to be richer or poorer, or can afford to gratify their fancy for a particular spot of ground at a greater or smaller expense. In every country the greatest number of rich competitors is in the capital, and it is there accordingly that the highest ground-rents are always to be found. As the wealth of those competitors would in no respect be increased by a tax upon ground-rents, they would not probably be disposed to pay more for the use of the ground. Whether the tax was to be advanced by the inhabitant, or by the owner of the ground, would be of little importance. The more the inhabitant was obliged to pay for the tax, the less he would incline to pay for the ground; so that the final payment of the tax would fall altogether upon the owner of the ground-rent.

    A supply and demand diagram showing the effects of land value taxation. Note that the burden of the tax is entirely on the land owner, and there is no deadweight loss.

    Standard economic theory suggests that a land value tax would be extremely efficient – unlike other taxes, it does not reduce economic productivity.[2] Nobel laureate Milton Friedman agreed that Henry George’s land value tax is potentially beneficial for society since, unlike other taxes, it would not impose an excess burden on economic activity (leading to “deadweight loss”). A replacement of other more distortionary taxes with a land value tax would thus improve economic welfare.[6]

    Georgists suggest two uses for the revenue from a land value tax. The revenue can be used to fund the state (allowing the reduction or elimination of other taxes), or it can be redistributed to citizens as a pension or basic income (or it can be divided between these two options). If the first option were to be chosen, the state could avoid having to tax any other type of income or economic activity. In practice, the elimination of all other taxes implies a very high land value tax, higher than any currently existing land tax. Introducing a high land value tax would cause the price of land titles to decrease correspondingly, but George did not believe landowners should be compensated, and described the issue as being analogous to compensation for former slave owners. Additionally, a land value tax would be a tax of wealth, not a tax on income or production, and so would be a form of progressive taxation tending to reduce income inequality. As such, a defining argument for Georgism is that it taxes wealth in a progressive manner, reducing inequality, and yet it also reduces the strain on businesses and productivity.

    Georgists also argue that all economic rent (i.e., unearned income) collected from natural resources (land, mineral extraction, the broadcast spectrum, tradable emission permits, fishing quotas, airway corridor use, space orbits, etc.) and extraordinary returns from natural monopolies should accrue to the community rather than a private owner, and that no other taxes or burdensome economic regulations should be levied. Modern environmentalists find the idea of the earth as the common property of humanity appealing, and some have endorsed the idea of ecological tax reform as a replacement for command and control regulation. This would entail substantial taxes or fees for pollution, waste disposal and resource exploitation, or equivalently a “cap and trade” system where permits are auctioned to the highest bidder, and also include taxes for the use of land and other natural resources.[citation needed]

    Many Georgists observe two prime points concerning taxation in modern states:

    Privately created wealth is socialized via the tax system (through income tax, sales tax, etc).
    Socially created wealth from community created land values are privatized and extracted by private individuals and corporations.

    Georgists argue the opposite would be the case when a single tax on land value is implemented:

    Socially created wealth is socialized – socially created land values are taxed and used for community revenues.
    Privately created wealth remain private – no other taxes are levied.

    Georgists argue that a single tax on land value uses socially created wealth to fund social and state services, while allowing individuals to retaining the full fruits of their labor.[7]
    [edit] Synonyms and variants

    Most early advocacy groups described themselves as Single Taxers, and George endorsed this as being an accurate description of the philosophy’s main political goal – the replacement of all taxes with a land value tax. During the modern era, some groups inspired by Henry George emphasize environmentalism more than other aspects, while others emphasize his ideas concerning economics.

    Some devotees are not entirely satisfied with the name Georgist. While Henry George was well-known throughout his life, he has been largely forgotten by the public and the idea of a single tax of land predates him. Some people now use the term “Geoism”, with the meaning of “Geo” deliberately ambiguous. “Earth Sharing”,[8] “Geoism”,[9] “Geonomics”,[10] and “Geolibertarianism”[11] (see libertarianism) are also preferred by some Georgists; “Geoanarchism” is another one.[12] These terms represent a difference of emphasis, and sometimes real differences about how land rent should be spent (citizen’s dividend or just replacing other taxes); but all agree that land rent should be recovered from its private recipients.
    [edit] Influence

    Georgist ideas heavily influenced the politics of the early 20th century, during its heyday. Political parties that were formed based on Georgist ideas include the Commonwealth Land Party, the Justice Party of Denmark, the Henry George Justice Party, and the Single Tax League.

    In the UK during 1909, the Liberal Government included a land tax as part of several taxes in the People’s Budget aimed at redistributing wealth (including a progressively-graded income tax and an increase of inheritance tax). This caused a crisis which resulted indirectly in reform of the House of Lords. The budget was passed eventually—but without the land tax. In 1931, the minority Labour Government passed a land value tax as part III of the 1931 Finance act. However, this was repealed in 1934 by the National Government before it could be implemented. In Denmark, the Georgist Justice Party has previously been represented in Folketinget. It formed part of a centre-left government 1957-60 and was also represented in the European Parliament 1978-79. The influence of Henry George has waned over time, but Georgist ideas still occasionally emerge in politics. In the 2004 Presidential campaign, Ralph Nader mentioned Henry George in his policy statements.[13]
    [edit] Communities

    Several communities were also initiated with Georgist principles during the height of the philosophy’s popularity. Two such communities that still exist are Arden, Delaware, which was founded during 1900 by Frank Stephens and Will Price, and Fairhope, Alabama, which was founded during 1894 by the auspices of the Fairhope Single Tax Corporation.

    The German protectorate of Jiaozhou Bay (also known as Kiaochow) in China fully implemented Georgist policy. Its sole source of government revenue was the land value tax of six percent which it levied on its territory. The German government had previously had economic problems with its African colonies caused by land speculation. One of the main aims in using the land value tax in Jiaozhou Bay was to eliminate such speculation, an aim which was entirely achieved.[14] The colony existed as a German protectorate from 1898 until 1914 when it was seized by Japan. In 1922 it was returned to China.

    Georgist ideas were also adopted to some degree in Australia, Hong Kong, Singapore, South Africa, South Korea, and Taiwan. In these countries, governments still levy some type of land value tax, albeit with exemptions.[15] Many municipal governments of the USA depend on real property tax as their main source of revenue, although such taxes are not “Georgist” as they generally include the value of buildings and other improvements, one exception being the town of Altoona, Pennsylvania, which only taxes land value.
    [edit] Institutes and organizations

    Various organizations still exist that continue to promote the ideas of Henry George. According to the The American Journal of Economics and Sociology, the periodical Land&Liberty, established in 1894, is “the longest-lived Georgist project in history”.[16] Also in the U.S., the Lincoln Institute of Land Policy was established in 1974 founded based on the writings of Henry George, and “seeks to improve the dialogue about urban development, the built environment, and tax policy in the United States and abroad”.[17] The Henry George Foundation continues to promote the ideas of Henry George in the UK.[18] The IU, is an international umbrella organisation that brings together organizations worldwide that seek land value tax reform.[19]
    [edit] Criticisms

    Although both advocated workers’ rights, Henry George and Karl Marx were antagonists. Marx saw the Single Tax platform as a step backwards from the transition to communism. He argued that, “The whole thing is… simply an attempt, decked out with socialism, to save capitalist domination and indeed to establish it afresh on an even wider basis than its present one.”[20] Marx also criticized the way land value tax theory emphasizes the value of land, arguing that, “His fundamental dogma is that everything would be all right if ground rent were paid to the state.”[20]

    On his part, Henry George predicted that if Marx’s ideas were tried the likely result would be a dictatorship.[21][22][page needed] Fred Harrison provides a full treatment of Marxist objections to land value taxation and Henry George in “Gronlund and other Marxists – Part III: nineteenth-century Americas critics”, American Journal of Economics and Sociology, (November 2003).[23]

    George has also been accused of exaggerating the importance of his “all-devouring rent thesis” in claiming that it is the primary cause of poverty and injustice in society.[24] More recent critics have claimed that increasing government spending has rendered a land tax insufficient to fund government.[citation needed] Georgists have responded by citing a multitude of sources showing that the total land value of nations like the US is enormous, and more than sufficient to fund government.[25]

  • The Reconstruction Of Capitalism

    The Reconstruction Of Capitalism

    http://schalkenbach.org/henry-george/the-reconstruction-of-capitalism/

    by Dr. Robert V. Andelson

    Dr. Robert V. Andelson (1931-2003) was Professor Emeritus of Philosophy, Auburn University, and Distinguished Research Fellow, American Institute for Economic Research.

    This essay was first published in booklet form in 1994 by the Robert Schalkenbach Foundation (New York), American Institute for Economic Research (Great Barrington, Massachusetts), and Public Revenue Education Council (Saint Louis).

    To order a copy, please visit our on-line bookstore, found in “Publications” (left).
    Henry George And The Reconstruction Of Capitalism

    It would require less than the fingers of the two hands to enumerate those who, from Plato down, rank with Henry George among the world’s social philosophers…[He is] certainly the greatest that this country has produced. No man … has the right to regard himself as an educated man in social thought unless he has some first hand acquaintance with the theoretical contribution of this great American thinker. ~John Dewey

    With the fall of the Iron Curtain, people all over the world seem to be searching for a “Middle Way.” Except in North Korea and Cuba, doctrinaire Marxism has been repudiated virtually everywhere, even by the Left. Socialism has become passé. Its adherents are no longer riding the crest of the wave of the future. Even the most energetic apostles of federal meddling, John Kenneth Galbraith, for example, eschew the Socialist label.

    Yet, on the other hand, the free market economists of the classical period would scarcely recognize Capitalism as we know it in America today. Such luminaries of industry and finance as Lee Iacocca and Felix Rohatyn advocate a measure of government intervention that would have seemed entirely insupportable to Cobden or Ricardo. In the political field, the major candidates differ mainly on matters of degree. It is not so much a question of “Shall there be federal aid?” as of “How much federal aid shall there be?” or of “How shall it be administered?”. As long ago as the late 1940s, “Mr. Conservative” himself, Senator Robert A. Taft, sponsored a bill for federal housing. Later, another Senate Republican leader, Bob Dole, was a major architect of the food stamp program, which is itself a dole, not just for the poor, but, above all, for agribusiness. A Republican president, Richard Nixon, instituted price controls, and cut the dollar loose from its last tenuous backing with the cynical quip, “We are all Keynesians now”.

    But what we are presented with, from Right to Left, is not a coordinated structure embodying the best elements from both sides, not even a well-thought-out attempt at syncretism, but rather a bewildering welter of jerry-built solutions, each one based on political and emotional considerations and lacking any functional relationship to a unified system of socio-economic truth — let alone any rootage in a grand scheme of teleology or ethics.

    A little Socialism here, and a little Capitalism there; a concern for the public sector here, and a concession to the profit motive there; a sop to the “underprivileged” here, and a bow to incentive there — put them all together, and what have you got? Nothing but a great big rag-bag, a haphazard pastiche of odds and ends without any bones and without any guts!

    Nevertheless, there is a Middle Way. There is a body of socio-economic truth which incorporates the best insights of both Capitalism and Socialism. Yet they are not insights that are artificially woven together to form a deliberate compromise. Instead, they arise naturally, with a kind of inner logic, from the profound ethical distinction which is the system’s core. They arise remorselessly from an understanding of the meaning of the commandment: “Thou shalt not steal.” This Middle Way is the philosophy associated with the name of Henry George.

    I like to picture economic theory as a vast jigsaw puzzle distributed across two tables, one called Capitalism and the other, Socialism. But mingled with the genuine pieces of the puzzle are many false pieces, also distributed across both tables. Most of us are either perceptively limited to one table, or else we are unable to distinguish the genuine pieces from the false. But Henry George knew how to find the right pieces, and, therefore, he was able to put the puzzle together — at least in its general outlines. I don’t claim that he was infallible, or that there isn’t further work to be done. Yet if I find a little piece of puzzle missing here or there, it doesn’t shake my confidence in the harmony of the overall pattern he discerned. It doesn’t make me want to sweep the puzzle onto the floor and start all over again from scratch.

    Henry George was born in 1839 in Philadelphia, and died in 1897 in New York City. It was in the San Francisco of the 1870s that he wrote his master-work, Progress and Poverty. For the greater part of his adult life he had been a working newspaperman, beginning as an apprentice typesetter and making his way up to the editor’s desk. His was a peculiarly Californian saga. His philosophy was forged out of his observation of conditions in a burgeoning new state, where he was able to examine, as in a laboratory, the genesis and development of social and economic processes. Progress and Poverty has been translated into at least 27, languages.

    Among books of nonfiction, its sale was for many decades exceeded only by the Bible. At Oxford University, in the English literature department, it is used as a model of the finest prose. The rest of Henry George’s life was one great crusade for social justice, at the end of which he literally martyred himself by campaigning for public office against his doctors’ urging. In the midst of the campaign he died, and was spontaneously accorded the greatest funeral that New York City had ever witnessed.

    His genius has been glowingly acknowledged by such renowned figures as philosophers John Dewey and Mortimer J. Adler, presidents Woodrow Wilson and Dwight D. Eisenhower, scientists Alfred Russel Wallace and Albert Einstein, essayists John Ruskin and Albert Jay Nock, jurists Louis D. Brandeis and Samuel Seabury, columnists William F. Buckley and Michael Kinsley, and statesmen Winston Churchill and Sun Yat-sen. These names cover the entire political spectrum from Conservative to Liberal, yet all of them saw something of immense value in George’s thought. I’ll take time to quote from only one of these testimonials — the one by Dr. Sun Yat-sen, the founder and first president of the Republic of China. “I intend,” he declared, “to devote my future to the welfare of the Chinese people. The teachings of Henry George will be the basis of our program of reform.” I think we may safely say that had Dr. Sun lived to carry out his promise, the Chinese mainland would not today be Red. But Taiwan, where it has been carried out, by no means fully but to a considerable extent, has, as a result, witnessed a spectacular transformation from abysmal poverty to vibrant prosperity distributed so as to benefit all levels of the population.

    I said that I’d quote from only one testimonial, and I’ll keep my word. But I do consider it apposite to mention that Count Tolstoy, author of War and Peace, Anna Karenina, and of the explicitly Georgist novel, Resurrection, wrote a long letter to Tsar Nicholas II in January, 1902, warning of mounting public disaffection, and pleading for reform along Georgist lines as the most immediate measure necessitated both by the demands of justice and the threat of socialist revolution. It was followed in May of the same year by a letter to another member of the imperial family, spelling out the specifics of George’s proposal. May one not reasonably assume that, had Tolstoy’s warning and plea been heeded, Russia would have been spared more than seven decades of Communist tyranny; its satellite and subject nations, their respective periods of Marxist domination; and the West, the burden of the Cold War? Or that, by disregarding that warning and that plea, Nicholas II forfeited the lives of hapless millions, including, ironically, his own and those of his cherished wife and children.

    For a long time, it was the fashion among academic economists to ignore or patronize Henry George — whether for his lack of formal credentials, for his propensity to mingle moral arguments with economic ones, or for other perceived intellectual crimes even more monstrous. Today, this is becoming less and less the case, although, of course, there were honorable exceptions from the outset. But now we find economists of every stripe, including at least four Nobel Laureates, united in agreement that George has much to say that is of vital contemporary importance. The list is far too long to read in its entirety, but it includes such names as Gary Becker, Kenneth Boulding, James Buchanan, Milton Friedman, Mason Gaffney, Lowell Harriss, Alfred Kahn, Arthur Laffer, Franco Modigliani, Warren Samuels, Robert Solow, James Tobin, and William Vickrey — the last of whom served recently as president of the American Economic Association.

    In the preface to the fourth edition of Progress and Poverty, Henry George wrote: “What I have done in this book, if I have correctly solved the great problem I have sought to investigate, is to unite the truth perceived by the school of [Adam] Smith and Ricardo to the truth perceived by the schools of Proudhon and Lasalle; to show that laissez faire (in its full true meaning) opens the way to a realization of the noble dreams of socialism…” Let us return now to our illustration of the economic jigsaw puzzle, and take a look at the pieces which he selected from the two tables of Capitalism and Socialism.

    We will begin with the Capitalist table. George considered himself a purifier of Capitalism, not its enemy. He built upon the foundations laid by the classical economists. The skeleton of his system is essentially Capitalist. In fact, Karl Marx referred to George’s teaching as “Capitalism’s last ditch.” George believed in competition, in the free market, in the unrestricted operation of the laws of supply and demand. He distrusted government and despised bureaucracy. He was no egalitarian leveler; the only equality he sought was equal freedom of opportunity. Actually, what he intended was to make free enterprise truly free, by ridding it of the monopolistic hobbles which prevent its effective operation.

    In his book, The Condition of Labor, George said: “We differ from the Socialists in our diagnosis of the evil, and we differ from them in remedies. We have no fear of capital, regarding it as the natural handmaiden of labor; we look on interest in itself as natural and just; we would set no limit to accumulation, nor impose on the rich any burden that is not equally placed on the poor; we see no evil in competition, but deem unrestricted competition to be as necessary to the health of the industrial and social organism as the free circulation of the blood is to the bodily organism — to be the agency whereby the fullest cooperation is to be secured.”

    Why did George take so many pieces from the Capitalist table? Because, I think, they are all corollaries of one big piece, namely, the moral justification for private property. You see, George, who was a devout though non-sectarian Christian, had a stout belief in the God-given dignity of the individual. This dignity, he held, demands that we recognize that the individual possesses an absolute and inalienable right to himself, which is forfeited only when he refuses to accord the same right to others. The right to one’s self implies the right to one’s labor, which is an extension of one’s self, and therefore to the product of one’s labor – to use it, to enjoy it, to give it away, to destroy it, to bequeath it, or even (if one so desires) to bury it in the ground.

    Now, taxation as ordinarily understood, especially when based upon the “ability to pay” principle, is a denial of this right. It is a denial of it because it represents a tribute levied on the product of an individual’s labor. It is a denial of it because it rests upon the assumption that the community at large has a right to assess individuals disproportionately to the benefits which they receive from the community at large. And so George rejects as collectivistic many institutions that most present-day defenders of free enterprise would never dream of questioning – income taxes, tariffs, sales taxes, corporate taxes, personal property taxes, etc. This makes him in one sense an arch-Conservative, yet prominent Socialists like Walter Rauschenbusch and George Bernard Shaw have testified that it was Henry George who first kindled their concern for social justice. To understand the reason for this, we must direct our attention to the other table, the table labeled “Socialism.”

    In fitting together the economic jigsaw puzzle, George took only two pieces from the Socialist table. But what large and what strategic pieces they were! The first of these was his insistence that all persons come into the world with an equal right of access to the goods of nature. The second was his contention that the community has a right to take that which the community produces.

    Actually, these pieces had landed on the Socialist table only by default. They had originally been part of the theory of Capitalism, as outlined by John Locke, the Physiocrats, and Adam Smith. But Capitalism in practice ignored them, and so became a distorted caricature. George’s notion was to rescue these lost elements, and restore balance and proportion to the Capitalist table.

    Now, if private property derives its moral justification from the right of a human being to the fruits of his or her own efforts, clearly the land and the other goods of nature do not belong in the category of private property because no human efforts created them. And the value that attaches to them is not the result of anything their title-holder does to them; it is the result of the presence and activity of the community around them. Someone can build a skyscraper in the desert and the ground upon which it stands will not be worth a penny more because of it, yet a city lot with nothing on it may be worth a fortune simply because of the number of people who pass by it daily.

    Why, asked Henry George in effect, should private individuals be allowed to fatten upon the unearned increment of land — upon the rise in value which the community creates because of population increase and the growth of public services? Why should certain people be allowed to levy tribute upon others who desire access to their common heritage? But, you might object, the present owner may have paid hard-earned money for his land. Has he not, therefore, a vested right? To this, George would have answered: If one unwittingly buys stolen goods, the rectitude of one’s intentions establishes no right against the legitimate owner of those goods.

    Henry George was not the first thinker to comprehend the difference between land and other kinds of property. John Locke said that “God gave the world in common to all mankind…. When the ‘sacredness’ of property is talked of, it should be remembered that any such sacredness does not belong in the same degree to landed property.” William Blackstone wrote: “The earth, and all things therein, are the general property of all man-kind, from the immediate gift of the Creator.” Thomas Paine stated that “men did not make the earth… It is the value of the improvements only, and not the earth itself, that is individual property.” According to Thomas Jefferson, “The earth is given as a common stock for men to labor and live on.”

    John Stuart Mill wrote: “The increase in the value of land, arising as it does from the efforts of an entire community, should belong to the community and not to the individual who might hold title.” Abraham Lincoln said: “The land, the earth God gave to man for his home, sustenance, and support, should never be the possession of any man, corporation, society, or unfriendly government, any more than the air or water, if as much.” In the words of Herbert Spencer, “equity does not permit property in land … The world is God’s bequest to mankind. All men are joint heirs to it.”

    But it was Henry George who emphasized this distinction and placed it at the very center of his system. At present we have the ironic spectacle of the community penalizing the individual for his industry and initiative, and taking away from him a share of that which he produces, while at the same time lavishing upon the nonproducer undeserved windfalls which it — the community — produces. Henry George built his whole program around the principle: Let the individual keep all of that which he or she produces, and let the community keep all of that which it produces.

    Land monopoly is the great monkey-wrench which is caught in the works of the free enterprise system, and which prevents the proper meshing of its gears; it is the hidden cancer that is eating out the heart of Capitalism. Early in this century, a great statesman described its virulent effects in the following words: “While the land is what is called ‘ripening’ for the unearned increment of its owner, the merchant going to his office and the artisan going to his work must detour or pay a fare to avoid it. The people lose their chance of using the land, the city and state lose the taxes which would have accrued if the natural development had taken place, and all the while the land monopolist has only to sit still and watch complacently his property multiplying in value, sometimes many fold, without either effort or contribution on his part.

    This evil process strikes at every form of industrial activity. The municipality, wishing for broader streets, better houses, more healthy, decent, scientifically planned towns, is made to pay more to get them in proportion as it has exerted itself to make past improvements. The more it has improved the town, the more it will have to pay for any land it may now wish to acquire for further improvements.

    The manufacturer proposing to start a new industry, proposing to erect a great factory offering employment to thousands of hands, is made to pay such a price for his land that the purchase price hangs around the neck of his whole business, hampering his competitive power in every market, clogging him far more than any foreign tariff in his export competition, and the land price strikes down through the profits of the manufacturer on to the wages of the workman.

    No matter where you look or what examples you select, you will see that every form of enterprise, every step in material progress, is only undertaken after the land monopolist has skimmed the cream off for himself, and everywhere today the man or the public body that wishes to put land to its highest use is forced to pay a preliminary fine in land values to the man who is putting it to an inferior use, and in some cases to no use at all. All comes back to the land value, and its owner is able to levy toll upon all other forms of wealth and every form of industry.”

    Those were the words of Winston Churchill. And if you will examine the history of the major American depressions, you will find that virtually every one of them was preceded by a period of intense land speculation which had an inflationary effect upon the whole economy. In 1836, in 1857, in 1873, in 1893, and in 1929 – in every instance, the big crash was precipitated by the bursting of the land bubble.

    The purely economic ramifications of land monopoly are so vast as to be staggering. Land monopoly does not affect rents alone. It affects wages, prices, production, the cost of government, and the distribution of purchasing power. It is the major cause of slums and blighted areas. It is the greatest single breeder of revolution around the world.

    Had it not been for land monopoly, the Bolsheviks could never have gained power in Russia. Mao Tse-tung and his so-called “agrarian reformers” (and I use that term advisedly) could never have wrested control of China. Fidel Castro would never have arisen in Cuba. Because of land monopoly, El Salvador has endured decades of murderous civil war. Because of land monopoly, the Amazon rain forest is being rapidly destroyed to make room for settlers who have been denied a foothold elsewhere except on terms that offer little better than starvation. These are just a few obvious examples, taken almost at random. Because of land monopoly, Latin America and the Middle East are veritable tinder boxes, ready to explode at any moment. We in the U.S. may not yet have reached that state, but we’re moving in that direction. How much longer can we go on propping up a rotten structure by borrowing against the future?

    Well, exactly how did Henry George propose to deal with the problem of land monopoly? Did he advocate that privately held land should be expropriated and divided up? Quite the contrary. That remedy is as ultimately ineffective as it is ancient. There is more truth than fiction in the aphorism that the French Revolution delivered the peasants from the aristocrats only to hand them over to the usurers, and what was true of the peasants was equally true of the soil they tilled. Thus has it ever been with programs of expropriation and redistribution.

    Under Henry George’s system, private land titles would not be disturbed one iota. No one would be expropriated. Instead, the community would simply take something approaching the total annual economic rent of land for public purposes. This amount would be determined by the value of each site on the free market, not by any arbitrary governmental fiat. In other words, the privilege of monopolizing a site is a benefit received from society and for which society should be fully compensated; and so, under the Georgist system, the person who wished to monopolize a site would pay a rent for it to the community, approaching 100 percent of its annual rental value, exclusive of improvements.

    Let me emphasize that last phrase, “exclusive of improvements.” The apartment house owner would pay the full value of his lot, and nothing on his building; the factory owner would pay the full value of his site, and nothing on his factory; the farmer would pay the full value of his ground, and nothing on his structures or his crop, his livestock or his machinery; the homeowner would pay the full value of his lot, and nothing on his house. If the land had no market value, the owner would pay nothing; if it had a value, he would pay regardless of whether he were using it or deriving income from it.

    This would, of course, eliminate all speculative profit in landholding, squeeze the “speculative water” out of land prices, and in effect bring back the frontier by making cheap land readily available to everyone — at least initially. The result would be to raise the margin of production, increase real wages, and stimulate building and productivity. Eventually, the flourishing economy would cause use value to exceed the former speculative value, but instead of being engrossed by those who make no contribution to the economy, land rent would flow into the public coffers in place of taxes levied upon labor and capital. The land-value charge is really what Walt Wryneck so aptly calls “a super user’s fee”. For the privilege of exclusive access to and disposition of a site and its natural resources, the owner pays an indemnity to those who are thereby dispossessed — an indemnity reflecting precisely the market value of his privilege, collected through the tax mechanism and relieving them of the burden of payment for public services. What could be more fair?

    Actually, I daresay that each one of you, probably without realizing it, frequently pays something that partakes of the principle of such a “super user’s fee” whether you own land or not. Every time you put money in a parking meter, you are purchasing a temporary monopoly of the parking space. Don’t ever complain about having to put money in a public parking meter; it’s a bargain for you. You’re getting a free gift from the community — the difference between what you pay and what a commercial parking lot in the vicinity would charge!

    I have spoken of land monopoly as a cancer, and so it is. Yet land often cannot be used efficiently unless monopolized. The Georgist remedy does not provide for the excision of land monopoly but rather for its transformation from malignant to benign. For the monopoly of land can be fair and even salutary if the monopolizer pays into the public treasury a sum that reflects substantially the market value of his privilege.

    Perhaps this would be a good place to interject that when economists speak of “land”, they are talking about nature. The term embraces not only space on the earth’s surface but also natural resources — oil in the ground, virgin timber, wildlife, the oceans and other natural bodies of water, the airwaves, airspace, etc. To capture for the public the value of these natural goods, land-value charges may in some cases need to be supplanted by or combined with other methods such as severance taxes and auctioning of leases. But the principle is the same.

    If time were not limited, I could talk at length about specific advantages of the Georgist system. I could go into the “canons of taxation,” and show how it fulfills better than any other method these ideal criteria whereby economists measure the effectiveness of a system of public revenue. I could give concrete illustrations of how it is working right now in Denmark, in Australia, in New Zealand, in Taiwan, and even in some areas in the U.S.

    This is not the idle pipe-dream of an armchair visionary. It has been tested by experience. Let me just cite the Hutchinson Report, a survey comparing the various Australian states in terms of the degree to which they use the Henry George approach. It found that wages, purchasing power, growth of industry, volume of retail sales, land under cultivation, value of improvements, and population gain through immigration from other states were in every case greater in direct ratio to the proportion of revenues derived from the public collection of ground rent. To me, this is the most conclusive argument anyone could ask for!

    Of course, Henry George’s proposal has nowhere been fully implemented. Even where it has been implemented substantially, its beneficial impact has invariably been blunted by countervailing policies, oftentimes at other levels of government. It is not a panacea. To be completely effective, it would need to be supplemented by other reforms, such as measures to assure a stable currency. But of it this much can be said: All other systems have been found wanting. This alone has worked whenever and wherever it has been tried to the extent that it has been tried. I submit that it is now deserving of actualization on a broader and more thoroughgoing scale.

    Nobody, to my knowledge, advocates that it be instituted whole-hog overnight. But it could be phased in in easy stages so as to obviate the risk of shock and dislocation. And it is my considered opinion that, by the time the system were in full effect, the revenues produced by collecting land values alone would suffice to meet all legitimate public needs. This may not have been true during the Cold War, with its staggering burden of nuclear defense. But with that burden lifted, and with the need for welfare of all kinds evaporated because of the full employment and other social benefits that the system would naturally engender, and for other reasons, which time precludes my specifying here, I really think that we could dispense with taxes on incomes, improvements, sales, imports, and all the rest. If I am unduly optimistic in this belief, and the public appropriation of land-values were insufficient, this would be no argument against using it as far as it could go.

    There are two things which a government can never do and still be just: The first of these is to take for public purposes what rightfully belongs to private individuals or corporations. The second is to give to private individuals or corporations what rightfully belongs to the public. All wealth that is privately produced rightfully belongs to private individuals or corporations, and for the government to appropriate it is unjust. But land rent is publicly produced, and for the government to give it to private individuals or corporations is equally unjust. He who thinks himself prepared to justify in principle the private monopolization of land rent, must also be prepared to justify in principle the jobbery of the Tweed Ring and the looting of Teapot Dome – not to mention the escapades of Michael Milken, Ivan Boesky, and Charles Keating.

    In closing, I will summarize with a quotation from the late Dr. Viggo Starke, for many years a member of the Danish cabinet: “What I produce is mine. All mine! What you produce is yours. All yours! But that which none of us produced, but which we all lend value to together, belongs by right to all of us in common.” This, in a nutshell, is the philosophy of Henry George.

    This essay is a revised version of the text of an address delivered by Dr. Andelson, in Great Barrington on 9 July 1992
    to the AIER fellows, staff, and guests.

  • Kenya Constitution: Chapter 5-Land.

    CHAPTER FIVE––LAND AND ENVIRONMENT
    Part 1—land
    60. (1) Land in Kenya shall be held, used and managed in a
    manner that is equitable, efficient, productive and sustainable, and in
    Principles of land
    policy.
    Constitution of Kenya 42 [Rev. 2010
    accordance with the following principles—
    (a) equitable access to land;
    (b) security of land rights;
    (c) sustainable and productive management of land
    resources;
    (d) transparent and cost effective administration of land;
    (e) sound conservation and protection of ecologically sensitive
    areas;
    (f) elimination of gender discrimination in law, customs and
    practices related to land and property in land; and
    (g) encouragement of communities to settle land disputes
    through recognised local community initiatives consistent
    with this Constitution.
    (2) These principles shall be implemented through a national land
    policy developed and reviewed regularly by the national government
    and through legislation.
    61. (1) All land in Kenya belongs to the people of Kenya
    collectively as a nation, as communities and as individuals.
    (2) Land in Kenya is classified as public, community or private.
    62. (1) Public land is—
    (a) land which at the effective date was unalienated government
    land as defined by an Act of Parliament in force at the
    effective date;
    (b) land lawfully held, used or occupied by any State organ,
    except any such land that is occupied by the State organ as
    lessee under a private lease;
    (c) land transferred to the State by way of sale, reversion or
    surrender;
    (d) land in respect of which no individual or community
    ownership can be established by any legal process;
    (e) land in respect of which no heir can be identified by any
    Classification of land.
    Public land.
    Constitution of Kenya 43 Rev. 2010]
    legal process;
    (f) all minerals and mineral oils as defined by law;
    (g) government forests other than forests to which Article 63 (2)
    (d) (i) applies, government game reserves, water catchment
    areas, national parks, government animal sanctuaries, and
    specially protected areas;
    (h) all roads and thoroughfares provided for by an Act of
    Parliament;
    (i) all rivers, lakes and other water bodies as defined by an Act
    of Parliament;
    (j) the territorial sea, the exclusive economic zone and the sea
    bed;
    (k) the continental shelf;
    (l) all land between the high and low water marks;
    (m) any land not classified as private or community land under
    this Constitution; and
    (n) any other land declared to be public land by an Act of
    Parliament—
    (i) in force at the effective date; or
    (ii) enacted after the effective date.
    (2) Public land shall vest in and be held by a county government
    in trust for the people resident in the county, and shall be administered
    on their behalf by the National Land Commission, if it is classified
    under—
    (a) clause (1) (a), (c), (d) or (e); and
    (b) clause (1) (b), other than land held, used or occupied by a
    national State organ.
    (3) Public land classified under clause (1) (f) to (m) shall vest
    in and be held by the national government in trust for the people of
    Kenya and shall be administered on their behalf by the National Land
    Commission.

    Constitution of Kenya 44 [Rev. 2010
    (4) Public land shall not be disposed of or otherwise used except
    in terms of an Act of Parliament specifying the nature and terms of that
    disposal or use.
    63. (1) Community land shall vest in and be held by communities
    identified on the basis of ethnicity, culture or similar community of
    interest.
    (2) Community land consists of—
    (a) land lawfully registered in the name of group representatives
    under the provisions of any law;
    (b) land lawfully transferred to a specific community by any
    process of law;
    (c) any other land declared to be community land by an Act of
    Parliament; and
    (d) land that is—
    (i) lawfully held, managed or used by specific communities
    as community forests, grazing areas or shrines;
    (ii) ancestral lands and lands traditionally occupied by
    hunter-gatherer communities; or
    (iii) lawfully held as trust land by the county governments,
    but not including any public land held in trust by the county
    government under Article 62 (2).
    (3) Any unregistered community land shall be held in trust by
    county governments on behalf of the communities for which it is
    held.
    (4) Community land shall not be disposed of or otherwise used
    except in terms of legislation specifying the nature and extent of the
    rights of members of each community individually and collectively.
    (5) Parliament shall enact legislation to give effect to this
    Article.
    64. Private land consists of —
    (a) registered land held by any person under any freehold
    tenure;
    Community land.
    Private land.

    Constitution of Kenya 45 Rev. 2010]
    (b) land held by any person under leasehold tenure; and
    (c) any other land declared private land under an Act of
    Parliament.
    65. (1) A person who is not a citizen may hold land on the basis
    of leasehold tenure only, and any such lease, however granted, shall
    not exceed ninety-nine years.
    (2) If a provision of any agreement, deed, conveyance or document
    of whatever nature purports to confer on a person who is not a citizen an
    interest in land greater than a ninety-nine year lease, the provision shall
    be regarded as conferring on the person a ninety-nine year leasehold
    interest, and no more.
    (3) For purposes of this Article—
    (a) a body corporate shall be regarded as a citizen only if the
    body corporate is wholly owned by one or more citizens;
    and
    (b) property held in trust shall be regarded as being held by a
    citizen only if all of the beneficial interest of the trust is held
    by persons who are citizens.
    (4) Parliament may enact legislation to make further provision
    for the operation of this Article.
    66. (1) The State may regulate the use of any land, or any interest
    in or right over any land, in the interest of defence, public safety, public
    order, public morality, public health, or land use planning.
    (2) Parliament shall enact legislation ensuring that investments
    in property benefit local communities and their economies.
    67. (1) There is established the National Land Commission.
    (2) The functions of the National Land Commission are—
    (a) to manage public land on behalf of the national and county
    governments;
    (b) to recommend a national land policy to the national
    government;
    (c) to advise the national government on a comprehensive
    Landholding by
    non-citizens.
    Regulation of land
    use and property.
    National Land
    Commission.
    Constitution of Kenya 46 [Rev. 2010
    programme for the registration of title in land throughout
    Kenya;
    (d) to conduct research related to land and the use of natural
    resources, and make recommendations to appropriate
    authorities;
    (e) to initiate investigations, on its own initiative or on a
    complaint, into present or historical land injustices, and
    recommend appropriate redress;
    (f) to encourage the application of traditional dispute resolution
    mechanisms in land conflicts;
    (g) to assess tax on land and premiums on immovable property
    in any area designated by law; and
    (h) to monitor and have oversight responsibilities over land use
    planning throughout the country.
    (3) The National Land Commission may perform any other
    functions prescribed by national legislation.
    68. Parliament shall—
    (a) revise, consolidate and rationalise existing land laws;
    (b) revise sectoral land use laws in accordance with the
    principles set out in Article 60 (1); and
    (c) enact legislation—
    (i) to prescribe minimum and maximum land holding acre-
    ages in respect of private land;
    (ii) to regulate the manner in which any land may be con-
    verted from one category to another;
    (iii) to regulate the recognition and protection of matrimonial
    property and in particular the matrimonial home during
    and on the termination of marriage;
    (iv) to protect, conserve and provide access to all public
    land;
    (v) to enable the review of all grants or dispositions of public
    land to establish their propriety or legality;
    Legislation on land.
    Constitution of Kenya 47 Rev. 2010]
    (vi) to protect the dependants of deceased persons holding
    interests in any land, including the interests of spouses
    in actual occupation of land; and
    (vii) to provide for any other matter necessary to give effect
    to the provisions of this Chapter.
    Part 2—environment and natural resources
    69. (1) The State shall—
    (a) ensure sustainable exploitation, utilisation, management and
    conservation of the environment and natural resources, and
    ensure the equitable sharing of the accruing benefits;
    (b) work to achieve and maintain a tree cover of at least ten per
    cent of the land area of Kenya;
    (c) protect and enhance intellectual property in, and indigenous
    knowledge of, biodiversity and the genetic resources of the
    communities;
    (d) encourage public participation in the management,
    protection and conservation of the environment;
    (e) protect genetic resources and biological diversity;
    (f) establish systems of environmental impact assessment,
    environmental audit and monitoring of the environment;
    (g) eliminate processes and activities that are likely to endanger
    the environment; and
    (h) utilise the environment and natural resources for the benefit
    of the people of Kenya.
    (2) Every person has a duty to cooperate with State organs and
    other persons to protect and conserve the environment and ensure
    ecologically sustainable development and use of natural resources.
    70. (1) If a person alleges that a right to a clean and healthy
    environment recognised and protected under Article 42 has been, is
    being or is likely to be, denied, violated, infringed or threatened, the
    person may apply to a court for redress in addition to any other legal
    remedies that are available in respect to the same matter.
    Obligations in respect
    of the environment.
    Enforcement of
    environmental rights.

    Constitution of Kenya 48 [Rev. 2010
    (2) On application under clause (1), the court may make any order,
    or give any directions, it considers appropriate––
    (a) to prevent, stop or discontinue any act or omission that is
    harmful to the environment;
    (b) to compel any public officer to take measures to prevent
    or discontinue any act or omission that is harmful to the
    environment; or
    (c) to provide compensation for any victim of a violation of the
    right to a clean and healthy environment.
    (3) For the purposes of this Article, an applicant does not have to
    demonstrate that any person has incurred loss or suffered injury.
    71. (1) A transaction is subject to ratification by Parliament if
    it––
    (a) involves the grant of a right or concession by or on behalf
    of any person, including the national government, to another
    person for the exploitation of any natural resource of Kenya;
    and
    (b) is entered into on or after the effective date.
    (2) Parliament shall enact legislation providing for the classes of
    transactions subject to ratification under clause (1).
    72. Parliament shall enact legislation to give full effect to the
    provisions of this Part.
    CHAPTER SIX––LEADERSHIP AND INTEGRITY
    73. (1) Authority assigned to a State officer—
    (a) is a public trust to be exercised in a manner that—
    (i) is consistent with the purposes and objects of this Con-
    stitution;
    (ii) demonstrates respect for the people;
    (iii) brings honour to the nation and dignity to the office;
    and
    (iv) promotes public confidence in the integrity of the
    office; and
    Agreements relating
    to natural resources.
    Legislation relating
    to the environment.
    Responsibilities of
    leadership.

    Constitution of Kenya 49 Rev. 2010]
    (b) vests in the State officer the responsibility to serve the
    people, rather than the power to rule them.
    (2) The guiding principles of leadership and integrity include—
    (a) selection on the basis of personal integrity, competence and
    suitability, or election in free and fair elections;
    (b) objectivity and impartiality in decision making, and in
    ensuring that decisions are not influenced by nepotism,
    favouritism, other improper motives or corrupt practices;
    (c) selfless service based solely on the public interest,
    demonstrated by—
    (i) honesty in the execution of public duties; and
    (ii) the declaration of any personal interest that may conflict
    with public duties;
    (d) accountability to the public for decisions and actions; and
    (e) discipline and commitment in service to the people.
    74. Before assuming a State office, acting in a State office, or
    performing any functions of a State office, a person shall take and
    subscribe the oath or affirmation of office, in the manner and form
    prescribed by the Third Schedule or under an Act of Parliament.
    75. (1) A State officer shall behave, whether in public and official
    life, in private life, or in association with other persons, in a manner
    that avoids—
    (a) any conflict between personal interests and public or official
    duties;
    (b) compromising any public or official interest in favour of a
    personal interest; or
    (c) demeaning the office the officer holds.
    (2) A person who contravenes clause (1), or Article 76, 77 or 78
    (2)—
    (a) shall be subject to the applicable disciplinary procedure for
    the relevant office; and
    Oath of office of
    State officers.
    Conduct of State
    officers.
    Constitution of Kenya 50 [Rev. 2010
    (b) may, in accordance with the disciplinary procedure referred
    to in paragraph (a), be dismissed or otherwise removed from
    office.
    (3) A person who has been dismissed or otherwise removed from
    office for a contravention of the provisions mentioned in clause (2) is
    disqualified from holding any other State office.
    76. (1) A gift or donation to a State officer on a public or official
    occasion is a gift or donation to the Republic and shall be delivered to
    the State unless exempted under an Act of Parliament.
    (2) A State officer shall not—
    (a) maintain a bank account outside Kenya except in accordance
    with an Act of Parliament; or
    (b) seek or accept a personal loan or benefit in circumstances
    that compromise the integrity of the State officer.
    77. (1) A full-time State officer shall not participate in any other
    gainful employment.
    (2) Any appointed State officer shall not hold office in a political
    party.
    (3) A retired State officer who is receiving a pension from public
    funds shall not hold more than two concurrent remunerative positions
    as chairperson, director or employee of—
    (a) a company owned or controlled by the State; or
    (b) a State organ.
    (4) A retired State officer shall not receive remuneration from
    public funds other than as contemplated in clause (3).
    78. (1) A person is not eligible for election or appointment to a
    State office unless the person is a citizen of Kenya.
    (2) A State officer or a member of the defence forces shall not
    hold dual citizenship.
    (3) Clauses (1) and (2) do not apply to—
    (a) judges and members of commissions; or
    Financial probity of
    State officers.
    Restriction on
    activities of State
    officers.
    Citizenship and
    leadership.

  • Employees are Cheaper than Slaves.

    The History of Slavery

    http://gco2e.blogspot.com/2011/11/history-of-slavery.html

    Someone asked me today: Who does finance work for? Good question.

    The answer: Whoever is collecting the largest portion of the economic rents. From the most valuable asset in the world. The Land.

    Across history the class of rent taker has been the same. The landlord. Their common name has changed and their identity has been obscured the more time goes on.

    Today, the de facto Landlord is commonly called a banker. Allow me to show you how:

    Chattel Slavery
    Before land was fully enclosed (free land still existed) rent used to be collected very directly by owning the bodies of people, forcing them to do your work for you on pain of death. For example Egypt, Rome or the USofA. Forced imprisonment of labour was the only way to get the unearned income.Free people would otherwise run to the free land. A very costly form of slavery as the owner of private property in their bodies had to keep them fed, clothed, in a condition well enough to work and sheltered, not to mention capturing them and keeping them chained up. Chattel slavery.

    Wage Slavery
    While commerce was still mostly agricultural but land had become enclosed there was no need to own the bodies of people any more. There was no more free land worth working to run to. Excellent! All land was then rented by the Landlord explicitly. All that was required was a bigger army and conquest or appropriation to secure private property in the land, protected by the full force of the law. The rack rented tenant (now a debtor from birth) could easilly see from whence the lash still though. But it cost far less to free the slaves and charge them maximum rent, than to keep their bodies up in working condition. Let them pay for that. Slavery had become cheaper. Wage slavery.

    Debt Slavery
    As industry proceeded and human rights evolved it became necessary to obscure the destination of the rent and the identity of the rent taking parasites. This was achieved by making land capital, by Marx foolishly and then reinforced by the Chicago school. Astonishingly left and right working in harmony, both keen to enslave the bodies of the people for the “Greater Good”. And thus using the actual people’s money to fully obscure the most insidious form of economic corruption in civilisation. The Corruption of Economics. Rent became mortgage interest, money as debt, making it appear to be fair play. Debt slavery.

    Perfect! This is where we are today. We seem to be at a another watershed though. Where will it go next? So far each iteration has increased the wealth divide at each economic hypercycle.

    Today we dont use the word slaves anymore. Its too obvious. We call them employees.

    I only wish the money and land reformers would wake up to these observed facts.

    Then we might at last be able to unite and proceed towards justice with confidence.
    Posted by Robin Smith at 22:33