In Kenya, insecure land tenure and inequitable access to land, forest and water resources have contributed to conflict and violence, which has in turn exacerbated food insecurity. To address these interlinked problems, a new set of laws and policies on food security and land governance are currently being introduced or designed by the Government of Kenya. The new Food Security Bill explicitly recognizes the link between food security and land access, and the 2012 land laws target the corrupt system of land administration that made much of Kenya’s land grabbing possible.

Public land is a resource that should be effectively managed in the public’s best interest in line with provisions of the Constitutions of Kenya and the Land Act. The management framework governing land use and development decisions on public land should ensure protection and sustainable management of the land. Despite these provisions in law, recent media reports point toresurgenceof public land grab. The Land Development and Governance Institute commissioned this research study to establish the status of the public land management in Kenya.

Land acquisitions, either driven by foreign investments or domestic investment needs have continued to polarize opinions. When this research was proposed, it was premised on arguments by scholars Ruth Meinzen-Dick and Helen Markelova, who had analysed agricultural land deals, and argued that there were potentially two schools of thought about foreign acquisitions over agricultural land.

The Land Act, 2012

The Land Registration Act, 2012

The National Land Commission Act, 2012

The Environment & Land Court Act, 2011

The Urban Areas & Cities Act, 2011

Fiscal instruments are tools that governments use to manage revenue and expenditure and therefore influence the growth (or stability) of the various sectors of the economy. Government revenue is derived primarily through taxation. In Kenya, land taxation has contributed less than 1% of government revenue for the past three years. The Sessional Paper No.

An Act to make provision relating to chattel securities and the transfer of chattels.

Between 2005 and 2009 the emergence of large-scale acquisitions of land or ‘land grabbing’ for production of food and energy feedstocks, and private forest plantations in developing countries, triggered various responses from global actors.

This LEGEND bulletin considers the impact that new technology can have on documenting land rights and democratising access to land data around the world.

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