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KENYA’S LEGAL AND INSTITUTIONAL FRAMEWORK ON BENEFIT SHARING FROM OIL EXPLOITATION: THE CASE STUDY OF TURKANA COUNTY
Oil exploitation is relatively a new phenomenon in the Kenyan legal system. The current energy laws, fail to identify and establish a relevant institutional and legislative framework for a natural resource benefits sharing regime. Indigenous Local Communities inhabiting oil rich areas disproportionally forgo their enjoyment of their land, livelihoods, endure environmental degradation, increase pollution and relatively poorer health as compared to the rest f the national population. For the above they ought to be compensated and accorded a percentage benefit over and above other Kenyans.
Breaking the Mould: Best Practices for Kenya in Implementing Community Land Rights
The recognition by the Constitution that all land belongs to the people of Kenya and that such land can be held by the people as communities has sought to correct a historical fallacy that has existed in Kenya since the start of the colonial period. The Colonial Government, introduced laws and policies whose effect was to disregard communal approaches to land ownership and use and instead prefer private land tenure arrangements. The justification for this approach was both juridical and economic.
Exploratory Soil Map of Kenya. Appendix 1 to Report no. E1.
Kenya - Forest area
In 2015, forest area for Kenya was 44,130 sq. km. Forest area of Kenya increased from 40,238 sq. km in 1996 to 44,130 sq. km in 2015 growing at an average annual rate of 0.51 %.
PLACING THE KENYAN LAW ON BENEFIT-SHARING WITHIN ITS PROPER SOCIAL, ECONOMIC AND POLITICAL CONTEXT: THE CASE STUDY OF TURKANA OIL RESOURCES
Kenya is on the road towards commercial exploitation of the Turkana oil resources. Until now, management of benefits from Kenya‟s natural resources is particularly problematic. This assertion is demonstrated by the fact that such benefits have never trickled down to the local people in a very structured way. The failure has led to calls for the putting into place of ways through which natural resource-based benefits should be shared equitably. Picking a cue from the above experiences, Parliament recently published three relevant and interrelated Bills.
Mining Cadastre Portal
Redress for Historical Land Injustices in Kenya. A Brief on Proposed Legislation for Historical Land Injustices
Land has been and remains a politically sensitive and culturally complex issue for Kenya. Kenya’s history with regard to the land question is characterized by indications of a breakdown in land administration, disparities in land ownership, tenure insecurity and conflict. It was therefore against this backdrop that land reform was identified as an essential component of Kenya’s National Dialogue and Reconciliation (KNDR) process and in particular, agenda item 4 on addressing long standing issues.
Mission Impossible? Implementing the Ndung’u Report
In the aftermath of the post-election crisis, the issue of land has gained increased urgency. Land reforms represent a central part of Kenya’s reform agenda and indeed, the national reconciliation agenda as negotiated by President Kibaki and Prime Minister Raila Odinga under the aegis of Kofi Annan in early 2008.
Report of the Commission of Inquiry into the Illegal/Irregular Allocation of Public Land
Land retains a focal point in Kenya's history. It was the basis upon which the struggle for independence was waged. It has traditionally dictated the pulse of our nationhood. It continues to command a pivotal position in the country's social, economic, political and legal relations. It is not surprising therefore that land has since the colonial times to-date, been the subject of myriad state managed policy and legal interventions. Neither is it surprising that it has been the subject of many Commissions of Inquiry.
Monitoring and Oversight over Land Use Planning in Kenya: Some Reflections
- Introduction
- Country Profile
- Historical Perspective to Planning in Kenya
- Land Use Planning Framework in Kenya
- Constitutional context
- Policy and Legal Agenda
- Oversight and monitoring function of the National Land Commission
- Interpretation
- Activities
- Challenges and opportunities