COUNTY GOVERNMENTS ACT NO. 17 OF 2012
Date of assent: 24th July, 2012.
Date of commencement: See Section 1.
An Act of Parliament to give effect to Chapter Eleven of the Constitution; to provide for county governments' powers, functions and responsibilities to deliver services and for connected purpose
Because of changes in some underlying factors, land is increasingly becoming a source of conflicts in Africa. We estimate the determinants of land conflicts and their impacts on input application in Kenya by using a recent survey of 899 rural households. We find that widows are about 13 percent more likely to experience pending land conflicts when their parcels are registered under the names of their deceased husbands than when titles are registered under their names.
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.
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.
The cadastral system2 in Kenya was established in 1903 to cater for land alienation for the white settlers. Since then, a hundred years later, the structure of the system has remained more or less the same despite major changes in surveying technology. The government of Kenya has realized that the current structure is not conducive to economic demands of the 21st century and is interested in re-organizing the structure in line with the current constitutional dispensation and new paradigms in land management.
The absence of a clearly defined land use policy in Kenya after years of independence has resulted in a haphazard approach to managing the different land use practices and policy responses. Land use continues to be addressed through many uncoordinated legal and policy frameworks that have done little to unravel the many issues that affect land use management. The Constitution of Kenya 2010, Kenya Vision 2030 and the Sessional Paper No. 3 of 2009 on National Land Policy all call for a clear framework for effectively addressing the challenges related to land use.
The application of computer technology in land administration is touted as one way of ensuring efficient and transparent land administration. Although this true, one major concern is not only how to create a computerized land information system that is interoperable across different government departments responsible for different land administration functions, but also how to ensure interoperability between national and devolved levels of government departments responsible for land administration.
Governments have power to compulsorily acquire land or other interest in land for a public purpose subject to prompt payment of the compensation to the affected persons. The process of land acquisition involves several government departments which have different mandates depending with the purpose of the acquisition. In several instances departments involved have been seen to be disjointed hence causing gaps and unfinished work in the whole process.
The Cadastral system in Kenya was established in 1903 to support land alienation for the white settlers who had come into the country in the early part of the 20th Century. In the last hundred years, the system has remained more or less the same, where land records are kept in paper format and majority of operations are carried out on a manual basis. The lack of a modern cadastral system has contributed to problems in land administration in the country.
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.
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