Webinaa kuhusu Urekebishaji wa Sera ya Ardhi Nchini Kenya ilifanyika tarehe 10 Oktoba, 2018. Webinaa ilipitia mchakato wa urekebishaji wa Sera ya Ardhi nchini Kenya na ikashughulikia changamoto anuwai. Lengo lilikuwa kubaini hatua za kufuata zitakazoleta usawa na haki katika urekebishaji wa sera ya ardhi.
Webinaa ilishughulikia maswali yafuatayo:
Tumefika wapi katika mchakato wa urekebishaji wa Sera ya Ardhi?
Changamoto kuu zinazohitaji kushughulikiwa katika mfumo wa urekebishaji wa Sera ya Ardhi na matumizi ya ardhi ni zipi?
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.
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.
Across rural Africa, land legislation struggles to be properly implemented, and most resource users gain access to land on the basis of local land tenure systems.
The Civil Society commends the Ministry of Lands for spearheading the important process of developing the Draft National Policy, and affirms that land is central to the livelihoods of most Kenyans and as such its access, use, ownership, administration and distribution are of key national concern. Thus, having critically examined the Draft Policy we do hereby make our position on the way forward on the salient policy proposals of the Draft National Land Policy document.
A majority of the Kenyan population live in rural areas accessing land and natural resources through customary systems and institutions that operate largely outside the mainstream legal framework of land administration. Although there are clear provisions in the Constitution and the Trust Land Act on management of trust land there appears to be an unwritten policy on the part of government that sees community land as land that is not owned but rather is available for County Councils and government to appropriate through the setting apart procedure
A community’s choice to give, or withhold, their free, prior and informed consent (FPIC) to a project or activity planned to take place on their land is a recognized right of Indigenous peoples under international law. It is also a best practice principle that applies to all communities affected by projects or activities on the land, water and forests that they rely on.
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.
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