Institutional framework for land administration and management being a whole set of services that make the land tenure system within Kenya socially, ecologically and economically relevant and operational has generally failed to operationalise the general functional components of land administration i.e. juridical, regulatory, fiscal, cadastral and adjudicative, efficiently. This is because land administration structures and infrastructures are perceived as factors external to the land tenure system itself.

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.

The KLA proposed constitutional principles on land reform as captured in the constitutional draft have become more pronounced with the approach of General Elections and the transition that is expected to see the departure of President Moi from leadership. We therefore, detest the frantic efforts to go to the forthcoming elections before adopting the Ghai draft constitution, because that will be endangering the aroused expectation that at long last we are on the road to sorting out land problems we have lived with since independence.

The International Land Coalition (ILC) has commissioned this present report to analyze the illegal/irregular acquisition of land by Kenya’s elites to ascertain the types of land affected, the processes used to acquire land, and the profiles of the perpetrators, as well as to identify the victims and the impacts of land grabbing. The report is drawn largely from the Kenya Land Alliance (KLA)’s series “Unjust Enrichment: The Making of Land Grabbing Millionaires”,

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.

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.

Through this Land Update, KLA appreciates that for the first time in the history of Kenya a comprehensive Draft National Land Policy has been formulated.We therefore urge all Kenyans and the general public to read, debate and contribute to the finalization of the National Land Policy. This is because the final National Land Policy will provide the basis for the review and harmonization of the existing laws and enacting of new ones to facilitate the achievement of the objectives set out in the overall national development policy framework, Kenya Vision 2030

The Kenya Land Alliance (KLA) is a focal point for information sharing and networking among those pressing for land reform in Kenya. It was formed in 1999 by members of civil society to propose reforms both to the Commission on the Review of Land Laws, appointed by the President, and the Constitution of Kenya Review Commission, appointed by Parliament. Over the last two years, the KLA has coordinated a programme of research on land issues in Kenya by member organisations

About 3.5 billion people live in countries rich in oil, gas or minerals. With good governance and transparent management, the revenues from extractive sector can have positive impacts leading to poverty reduction hence boosting shared prosperity , while respecting both the needs of the community and the environment. The extractive sector in Kenya contributes about one (1) per cent to Gross Domestic Product (GDP) and three (3) per cent of the total export earnings.

A majority of the Kenyan population live in rural areas accessing land and natural resources through customary systems and institutions that operate largely outside the mainstream legal framework of land administration. Although there are clear provisions in the Constitution and the Trust Land Act on management of trust land there appears to be an unwritten policy on the part of government that sees community land as land that is not owned but rather is available for County Councils and government to appropriate through the setting apart procedure

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.