The present public land tenure management system in Kenya is fragmented, uncoordinated and non-transparent. The public land tenure as embodied in the Government Lands Act, Cap 280 of the Laws of Kenya lacks a coherent information system and is bedeviled by a lack of clarity in the roles, responsibilities and policies of different institutions in its administration, planning and disposal. Thus, there is a need for a set of national norms and standards to ensure efficient and effective use of public land as an asset in support of land reform.

THEME: “Sustainable infrastructure, services and social protection for gender
equality and the empowerment of rural women and girls”

The National Land Policy in Kenya: Critical Public Land Issues and Policy Statements is a guide to steer the debate and eventual formulation of a National Land Policy and legislative framework that will address issues of management and administration of public land in Kenya.

Land is the foundation of all human activities both social and economic. This is particularly so in agrarian economies such as Kenya. In these economies women are central to economic production in agriculture and livestock sectors. In Kenya, where the mainstay of most communities is agriculture and livestock production, women contribute up to 80 % of the workforce. Nevertheless, women only hold 1% of registered land titles in their names and around 5-6 % of registered titles held in joint names.

As the Government of Kenya treads the path to economic recovery, every Kenyan should be at home with the fact that many forms of economic development activities damage the natural resources upon which the economies are based. Nationally and internationally, a major environmental and development challenge is how to maintain the equilibrium between population, ecosystems and development.

The purpose of this Issues Paper is to move the debate and stimulate discussion of issues relevant to women’s land rights and social security beyond the unfulfilled demands for gender responsive land policies and land legal framework. It is based on lessons learned from various research findings, Kenya Land Alliance experience and discussions with colleagues with whom we work with in various capacities on land policy and law reforms in Kenya and others parts of Africa.

The illegal and irregular allocations of public land as chronicled in the Ndungu Report amount to a rip-off that dwarfs the Goldenberg and Anglo-Leasing scandals. Our analysis in this first issue in the series covers Karura, Ngong Road and Kiptagich forests and suggests a loss of public resources in excess of Ksh.18.4 billion. The Ndungu Report covers ten other forests as well as other public land, ranging from road reserves to cemeteries to public toilets and even State House land. As we cover these in future issues of the series, the cumulative loss will certainly be astounding.

The recently released report of the Presidential Commission of Inquiry into the Land Law System of Kenya has sparked varying reactions from Kenyans of all walks of life. While some complain that the Commission did not complete its task per all its terms of reference, the land gurus are thrilled by the fact that the report makes many far reaching recommendations on the principles of formulating a National Land Policy Framework and the Constitutional Framework for Land Administration and Management.

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).

A independência de São Tomé e Príncipe, em 1975, foi um projeto de um grupo muito restrito de exilados. O arquipélago tornou-se independente sob a liderança do Movimento de Libertação de São Tomé e Príncipe (MLSTP) e Pinto da Costa. Apesar de alguns militantes viverem no Gabão e não serem socialistas, o MLSTP, apoiado pelo Movimento Popular de Libertação de Angola, tornou-se socialista. Depois de 1975, sob a ditadura do partido único, o MLSTP tentou impor uma política que enfatizava o valor do trabalho e o ideal do homem novo.

Although land forms the basis for marginal livelihoods in Sub-Saharan Africa, the asset is more strategic for women as they usually hold derived and dependent rights to land in customary tenure areas. Initiatives to secure women’s land tenure in customary areas are undermined by the social embeddedness of the rights, patriarchy, lack of awareness by the communities, legal pluralism, and challenges of recording the rights.