The operatice jurisprudence of the common law paradigms of ownership and the embedded utilitarianism as appleid to land use in some places such as Kenya appears inimical to the now generally-accepted principles with a view to ascertaining its property and ability to cope with the emerging techno-economic environment affecting land use in Kenya. The research will seek to articulate the legal and policy rationales germane to the development of a dynamic efficiënt and sustainable land use system in Kenya.