This analysis and recommendations stem from USAID/Kenya’s request for an assessment of Kenya’s draft National Land Policy (dNLP).4 It was conducted under the global task order: Property Rights and Resource Governance Program, a mechanism designed and supervised by USAID-EGAT’s Land Resources Management Team under the Office of Natural Resources Management.
The Historical Injustices Issues Paper seeks to present the various historical land claims issues and perspective related to them and consequently proffer policy statements for their redress.
These Regulations, made in terms of section 45 of the Communal Land Reform Act, provide with respect to a wide variety of matters concerning communal land and communal land rights. Part I deals with (application for) customary land rights. It specifies the maximum size of land that may be held under customary land right and specifies particulars pertaining to allocation of customary land right.
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.
This book exposes the key land use and environmental problems facing Kenya today due to lack of an appropriate national land use policy. The publication details how the air is increasingly being polluted, the water systems are diminishing in quantity and deteriorating in quality. The desertification process threatens the land and its cover. The soils are being eroded leading to siltation of the ocean and lakes. The forests are being depleted with impunity thus destroying the water catchments.
In Kenya, insecure land tenure and inequitable access to land and natural resources have contributed to conflict and violence, which has in return exacerbated food insecurity. Most farmers in Kenya have no legal title for the land on which they farm. Sources of tenure insecurity can be ethnic conflicts over land between neighbouring communities, particularly in the Northern provinces, expropriation by the state or local government and land grabbing by local elite or companies. Competition is as well growing over water, especially over groundwater, which is scarce in Kenya.
THE COMMUNITY LAND ACT No. 27 of 2016
Date of Assent: 3lst August,2016
Date of Commencement : 2 I st September, 201 6
Since the early 1990s, parts of Afri-ca’s Great Lakes Region have expe-rienced political strife, armed con-flict and population displacements withsevere humanitarian consequences. De-spite great progress towards sustainablepeace in all the countries of the region,sporadic violence continues in some ar-eas, particularly in the Eastern DemocraticRepublic of Congo (DRC). Conflicts in theGreat Lakes Region are highly interlinked,with political and military alliances, refu-gee movements, and ethnic solidarities ty-ing the fates of the countries of the re-gion.
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