The constitution of Kenya , 2010
Sessional Paper No.3 of 2009 on the National Land Policy
The constitution of Kenya , 2010
Sessional Paper No.3 of 2009 on the National Land Policy
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.
THE COMMUNITY LAND ACT No. 27 of 2016
Date of Assent: 3lst August,2016
Date of Commencement : 2 I st September, 201 6
THE FOREST CONSERVATION AND MANAGEMENT ACT, 2016 No. 34 of 2016
Date of Assent: 31st August, 2016
Date of Commencement: By Notice
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.
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.
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.
Kenya’s Vision 2030 aims at transforming the country into a newly industrialized middle income country
and infrastructural development is high on the agenda to achieve this. Competing land uses and existing
interests in land make the use of eminent domain by government in acquiring land inevitable. However
most of the land earmarked for compulsory acquisition comprises of un- registered land whose interests
are not formally documented. Kenya has progressive statutes that provide for compensation of land that is
The first set of the land laws were enacted in 2012 in line with the timelines outlined in the Constitution of Kenya 2010. In keeping with the spirit of the constitution, the Land Act, Land Registration Act and the national Land Commission Act respond to the requirements of Articles 60, 61, 62, 67 & 68 of the Constitution. The National Land Policy, which was passed as Sessional Paper No. 3 of 2009, arrived earlier than the Constitution, with some radical proposals on the land Management.
Matters of environmental migration are frequently looked at from a humanitarian perspective.1 This policy brief will instead look at it with a lens focusing on land issues. The question of environmental migration is inevitably linked to the question of land for several reasons. First, climate and environmental change trigger and accelerate the loss of land due to sea-level rise, coastal erosion, landslides and other forms of land degradation.
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