Representatives of Indigenous Peoples-led conservation organisations and networks in Africa convened in Nairobi, Kenya on 15 – 16 June 2022 under the auspices of the Alliance Rights, Inclusion and Social Equity in Conservation (ARISEC), to plan for their meaningful participation in the first IUCN’s Africa Protected Areas Congress (APAC) scheduled for July 2022 in Rwanda. At this event, they created this declaration.
The Community Land Act of 2016 provides a legal basis for protection, recognition and registration of community lands andhas provisions for management and administration of the land by the communities themselves. However, implementation of the act has been slower than anticipated. This is despite the current heightened investment interests in community lands for mega development projects.
This guide provides background information on the original project and pilot implementation, describes the model and its components, and provides the reasoning and objectives behind each activity to help implementers understand the model’s strengths and make informed decisions about tailoring the existing model for the context in which they plan to work.
The webinar on the Land Reform Agenda for Kenya took place on 10 October, 2018. The webinar reviewed the land reform process in Kenya and addressed a range of challenges, with a view to defining a path forward that will lead to equity and justice in land reforms.
The webinar addressed the following questions:
Kenya is the most recent African state to acknowledge customary tenure as producing lawful property rights, not merely rights of occupation and use on government or public lands. This paper researches this new legal environment. This promises land security for 6 to 10 million Kenyans, most of who are members of pastoral or other poorer rural communities. Analysis is prefaced with substantial background on legal trends continentally, but the focus is on Kenya’s Community Land Act, 2016, as the framework through which customary holdings are to be identified and registered.
Conventional notions of the ‘land parcel’ have been extended: previously unrecognized tenures including customary, nomadic, or communal interests are now incorporated into the concept. Technical tools including the Social Tenure Domain Model (STDM) enable these new understandings to be operationalized in land administration systems. The nomadic pastoralists of Kenya’s dry land regions illustrate where these new approaches can be applied.
The need for affirmative action and the mainstreaming of the commons community plus a comprehensive strategy to secure indigenous and community land has become a major global concern of the 21st century. To achieve this will require out of the box reform mechanisms and the participation of the communities concerned, such that the reforms recognize and embrace indigenous systems and structures that offer avenues to secure collective rights, land use and management of commons resources; namely pastures, water and forests among others.
In the recent past, high profile cases involving land governance problems have been thrust into the public domain. These include the case involving the grabbing of a playground belonging to Lang’ata Road Primary School in Nairobi and the tussle over a 134 acre piece of land in Karen. Land ownership and use have been a great source of conflict among communities and even families in Kenya, a situation exacerbated by corruption.
While women’s rights to land and property are protected under the Kenyan Constitution of 2010 and in various national statutes, in practice, women remain disadvantaged and discriminated. The main source of restriction is customary laws and practices, which continue to prohibit women from owning or inheriting land and other forms of property.
Women face many problems with regard to land inheritance and land rights in Kenya. Individual and community land ownership do not favour women. The reason for this is that ownership of land is patrilineal, which means that fathers share land amongst sons, while excluding daughters. This practice is traditionally widespread and partly accepted although it goes against the interest of women and is prohibited by the constitution.
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