The Cadastral system in Kenya was established in 1903 to support land alienation for the white settlers who had come into the country in the early part of the 20th Century. In the last hundred years, the system has remained more or less the same, where land records are kept in paper format and majority of operations are carried out on a manual basis. The lack of a modern cadastral system has contributed to problems in land administration in the country.

In the recent past, high profile cases involving land governance problems have been thrust into the public domain. These include the case involving the grabbing of a playground belonging to Lang’ata Road Primary School in Nairobi and the tussle over a 134 acre piece of land in Karen. Land ownership and use have been a great source of conflict among communities and even families in Kenya, a situation exacerbated by corruption.

In Kenya, insecure land tenure and inequitable access to land and natural resources have contributed to conflict and violence, which has in return exacerbated food insecurity. Most farmers in Kenya have no legal title for the land on which they farm. Sources of tenure insecurity can be ethnic conflicts over land between neighbouring communities, particularly in the Northern provinces, expropriation by the state or local government and land grabbing by local elite or companies. Competition is as well growing over water, especially over groundwater, which is scarce in Kenya.

THE MINING ACT No. 12 of 2016

Date of Assent: 6th May, 2016

Date of Commencement: 27th May, 2016

COUNTY GOVERNMENTS ACT NO. 17 OF 2012

Date of assent: 24th July, 2012.

Date of commencement: See Section 1.

An Act of Parliament to give effect to Chapter Eleven of the Constitution; to provide for county governments' powers, functions and responsibilities to deliver services and for connected purpose

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.

According to 2001 statistics, 924 million people, almost one third of the world’s population lived in slums. A majority of these people are in the developing countries and they account for 43% of the urban population. Slums are characterized by a dense proliferation of small, makeshift shelters built from diverse materials, degradation of the local ecosystem and by severe social problems.

Fiscal instruments are tools that governments use to manage revenue and expenditure and therefore influence the growth (or stability) of the various sectors of the economy. Government revenue is derived primarily through taxation. In Kenya, land taxation has contributed less than 1% of government revenue for the past three years. The Sessional Paper No.

Utaran began work on the Sustainable Access to Land Equality (SALE) project to ensure transparency and accountability in land governance in December 2012, in partnership with CARE Internaional UK and Manusher Jonno Foundaion (MJF). The project engaged communiies in three pilot upazilas - Amtali Upazila of Barguna District, Mohanpur of Rajshahi, and Sadar of Jamalpur-to raise the awareness of vulnerable landowners about land administraion, and to effect transparent processes for selecing landless people and for khasland setlement.

This LEGEND bulletin considers the impact that new technology can have on documenting land rights and democratising access to land data around the world.

Em Moçambique, a lei reconhece certas formas de ocupação que constituem posse legal e os(as) cidadãos(ãs) podem reivindicar esse reconhecimento de seu direito de ocupar e usar a terra alocada por meio de normas/práticas costumeiras. As comunidades locais também podem reivindicar direitos sobre a terra que costumam ocupar, usar e administrar. Esses direitos não são prejudicados pela falta de titulação ou documentação e podem ser defendidos com base em testemunhos orais.