This report is the first in a series of research studies that the Economic Commission for Africa (ECA) will produce with a view to improving the understanding of the links between land tenure systems and sustainable development in Africa. In a continent where 80 percent of the population relies on agriculture for their livelihood, the formulation and implementation of appropriate land policies is a paramount factor in poverty reduction strategies. Research is therefore needed to help policymakers take learned decisions when addressing land tenure issues.

As in many of the States of Equatorial-Africa, Chad's system of public

and private land tenure is based on the French decree of 28 March 1699 and on the subsequent modifying texts. This system has not been very successful and Africans have proudly clung on to their respective "concessions", because they enjoyed a material hold over the land (habitation, farming, grazing, fishing m -certain water courses), until i960 and beyond.

Between Vietnam’s independence and its reunification in 1975, the country’s socialist land tenure system was underpinned by the principle of “land to the tiller”. During this period, government redistributed land to farmers that was previously owned by landlords. The government’s “egalitarian” approach to land access was central to the mass support that it needed during the Indochinese war.

Our purpose is to present and test a typology of land reform theories as a means of understanding and interrogating the motives behind land reform and to better equip land administrators and policymakers to enact land reform programs that are appropriate for their contexts. Here, land reform is understood to include the related concepts of land redistribution, land restitution, land tenure reform and land administration reform. The theory typology thus has application for land restitution programs specifically operating in the global South.

For historical reasons, Kenya inherited a highly skewed system of land ownership at independence in 1963. British colonialism in Kenya was not merely administrative. Rather, it was accompanied by massive and widespread land alienation for the benefit of settler agriculture. As a result the best agricultural land-the White Highlands and the adjacent rangelands were taken from the Africans, without compensation, and parceled out to white settlers. Colonial legislation was enacted to legalize this process.

The Land Sector Non State Actors (LSNSA) is a network of civil society organizations working together to promote secure and equitable access to land and natural resource for all through advocacy, dialogue and capacity building. We petition parliament on issues we hold to be of fundamental importance in the context and content of the two bills before the National Assembly.

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.

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.

This report, which focuses on Kenya, constitutes one of four country-wide assessments produced under the overall project. It draws on a literature review conducted by the Kenya Land Alliance (KLA) with additional inputs from IIED, as well as on primary field research conducted by KLA in April 2016 (see Section 1.2 for further information about the research methodology).

The women Land Rights Project is a project of Kenya Land Alliance that aims at actualisation Women land and property rights, as provided in the Constitution of Kenya, 2013 and as a means towards poverty alleviation. This considering the fact that, in Kenya where the foundation of most communities is Agriculture and livestock production, women contribute up to 80% of workforce yet they only hold 1% of registered land in their names and around 5-6% of registered titles are held in joint names (Kenya Land Alliance, 2013).