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Kenya

Land and political power have always been closely intertwined in Kenya’s historical trajectory. After independence from the British in 1968, the legacy of a dual system of land laws and administration continued. Repeatedly, tenure insecurity, forced evictions, inequality, and grievances related to inequality and corruption in the land sector have contributed to violence, such as during the 2007 election. In 2009, the National Land Policy was approved mandating land restitution for those who have been dispossessed and aiming to strengthen customary land tenure vis-à-vis individual ownership. The implementation of the policy and the constitution of 2010 is ongoing and has resulted in a number of progressive laws that recognize community land for the first time.
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For the first time, the Constitution of 2010 recognizes customary land law if it is consistent with other applicable law. The Community Land Act (2016) protects community land rights and is responsible for the development of community land registers as well as the setup of Community Land Management Committees.