THE COMMUNITY LAND ACT No. 27 of 2016

Date of Assent: 3lst August,2016

Date of Commencement : 2 I st September, 201 6

A BILL for AN ACT of Parliament to provide a framework for the contracting, exploration, development and production of petroleum; cessation of upstream petroleum operations; to give effect to relevant articles of the Constitution in so far as they apply to upstream petroleum operations; and for connected purposes.

Women face many problems with regard to land inheritance and land rights in Kenya. Individual and community land ownership do not favour women. The reason for this is that ownership of land is patrilineal, which means that fathers share land amongst sons, while excluding daughters. This practice is traditionally widespread and partly accepted although it goes against the interest of women and is prohibited by the constitution.

The first set of the land laws were enacted in 2012 in line with the timelines outlined in the Constitution of Kenya 2010. In keeping with the spirit of the constitution, the Land Act, Land Registration Act and the national Land Commission Act respond to the requirements of Articles 60, 61, 62, 67 & 68 of the Constitution. The National Land Policy, which was passed as Sessional Paper No. 3 of 2009, arrived earlier than the Constitution, with some radical proposals on the land Management.

Illegal and irregular allocations of public land were a common feature of the Moi regime and perhaps it’s most pervasive corrupt practice. The Ndung’u Report as well as various reports of the Public Investment Committee details numerous cases of public land illegal allocated to individuals and companies in total disregard of the law and public interest. Most allocations were made to politically correct individuals without justification and resulted in individuals being unjustly enriched at great cost to the people of Kenya.

The promulgation of the Kenyan Constitution 2010 brought into place concerns about the urgency for land reform. Land reforms hold the key to solving some of Kenya’s greatest challenges such as landlessness, community cohesion, food security and sustainable development. Land reforms lie at the heart of the work of the National Land Commission (NLC) and Kituo cha Sheria and they are also at the heart of many Kenyan communities who live, work and rely on land. Information contained in the book goes a long way in educating these communities about their land rights.

The International Development Law Organization (IDLO) and the Center for International Forestry Research (CIFOR) assessed the legal frameworks for major resource sectors in Zambia, Tanzania and Mozambique to analyze whether and to what extent they enable sustainable investments. Relevant international standards suggest that sustainable investments integrate socioeconomic and environmental concerns, bound together by the rule of law.

Macha Mission in Choma District of Southern Province, Zambia was founded by the Brethren in Christ (BIC) Church in 1906 and granted title deeds to 3,003 hectares of land by the British colonial authority of the time. Since then the Mission has built a church, a hospital (which today includes a pioneering malaria clinic), two schools, and houses for its workers. A large market has grown up near the hospital, serving local workers and hospital visitors.

This LEGEND bulletin explores the relationship between agribusiness and land rights. It features articles on the power of local engagement for financial investment, using technology for mapping rights, and catalysing private sector respect for community land rights.

The meaning and scope of the concept of Community-Based Property Rights (CBPR) has become a dominant feature of conservation and development policy discourse over the last decade. The debate has largely been shaped by the growing trends where governments have continued to appropriate traditional lands for conservation and development activities that have resulted into large scale dislocation and widespread disenfranchisement of sections of our society.

The Land: Enhancing Governance for Economic Development (LEGEND) Challenge Fund supports innovative partnerships between non-profit organisations and agricultural investors with the goal of encouraging responsible agricultural investment. The £3.65 million fund is a core component of DFID’s LEGEND programme.