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.

Kenya is currently implementing a number of large scale infrastructure and development projects aimed at trans forming the country into a newly industrializing, middle-income country. For this, the government has had to compulsorily acquire large tracts of land upon which the infrastructure is set.

La comunidad de Santa María remite a un caso de lucha por la tierra en la que población de origen tacana (indígena) insiste en que el Estado le reconozca una determinada porción de territorio y bosque. Sus estrategias tienen que ver con las marchas para presionar a las autoridades y la consecución legal de tierras.

Context and background:  The essential emerging reality from the statutory-versus-customary tenure debate is that both customary and statutory tenure systems have faults and good merits.

Community land and natural resources lie at the heart of social, political and economic life in much of rural Africa. While the Zambian government acknowledges customary tenure, it has not established required legislation needed to secure it and support to communities in their efforts to protect their lands.

This chapter investigated threats of statutory tenure on customary land. The study was primarily qualitative in nature and adopted a case study approach. Using evidence from Chamuka Chiefdom in Chisamba District, Central Province, the paper concludes that there are various threats of statutory tenure on customary land. These include traditional leaders losing control over land, displacements, land disputes, investors acquire more land than what is demarcated to them by traditional leaders, traditional leaders’ not consulting their community members, corruption, and tenure insecurity.