The analysis in the report has provided the issues around which the objectives have been established. Part iv outlines the draft national land policy proposals for addressing the legal and ethical dimensions of the land question underscoring the fact that legality must be tempered by considerations of justice if stability in property relations is to be achieved in kenya. This study conducts an academic and practical surgery of the problem of land rights administration in the precolonial, colonial, independent and modern kenya. The concept elaborates the scope, methodology and an estimated budget for its preparation. The national wildlife conservation and management policy, 2012 1 introduction 1. Because of its species richness, endemism and ecosystem diversity, under the convention on biological diversity kenya is categorized as a megadiverse country. The root causes and processes of land fragmentation vary across the three countries studied in the report, but some common themes exist.
Striking the right balance between land tenure and environmental imperatives is critical for sustainable development. Framework and considered a prerequisite for economic. Framework and guidelines on land policy in africa united nations. The entrenchment of land issues in the new constitution and the adoption of the national land policy have set the stage for the process of comprehensive land reforms to take place. The impact of national land policy and land reform on women. Focus on land kenyas national land policy and land. Mar 30, 2011 disciplinary national land policy working group nlpwg to steer the policy making process and deliver for uganda a systematic framework for articulating the role of land in national development, land ownership, distribution, utilization, alienability, management. The reform is based on a national land policy nlp, adopted in 2009 after years of consultation. This paper can be downloaded in pdf format from ielrcs website at. In view of the above, the institution of surveyors of kenya recommends that. Khrc breakfast forum on land reforms agenda in kenya. The government shall in consultation with local communities, civil society, religious sector and parliament embark upon an all inclusive, comprehensive, consultative and realistic programme of resolving historical injustices on a long term and permanent basis.
Customary land tenure and the new land policy in malawi. The nlp is supported by the new constitution of kenya, adopted in august 2010, which calls for a national land policy to ensure that land is held in an equitable. This pdf version of the thesis differs a little from the official, inspected version that is. The national land policy and the constitution provide a critical basis for addressing the longstanding tensions around land tenure and use in kenya. Introduction land is the most basic resource in terms of the space it provides, the environmental resources it contains and supports, and the capital it represents and generates. In the research on land issues in kenya and in east africa, the aspects of land tenure have played a dominant role whereas the actual planning process of land use and the role of land policy land tenure and laws in the process have been more or less ignored. Framework and considered a prerequisite for economic growth guidelines on land policy in africa. The case of nairobi river basin 4322 fig congress 2010 facing the challenges building the capacity sydney, australia, 1116 april 2010 314 despite the current environmental challenges, the. While the land act caters for the rights of legal wives in marriage, it does not protect the land rights of widows, divorcees and women in cohabitation. It began with a new constitution, ratified in 2010. Chiefs are expected to grant consent whenever customary land is offered to be converted to leasehold tenure.
Food security is closely linked to poverty which is estimated at 46 % nationally. The case of nairobi river basin mwenda makathimo and paul guthiga, kenya. The draft national land policy some implications for the conservation and sustainable use of renewable natural resources presented to the national land policy secretariat on behalf of the east african wildlife society by dr. Land conflict and distributive politics in kenya 79 the analysis of land politics helps reveal the difficulty of kenyas predicament. Land policy in africa united nations economic commission for africa.
Kenya launches national trade policy tralac trade law centre. The successful completion of the policy will set in motion a series of actions and activities that will have far reaching implications on land relations and land use in this country. Land use policies and natural resource management in. Both the national land policy and the new constitution of kenya are. The study helped to enrich the framework and guidelines on land policy in africa with regional specificities from west africa. An act to provide for the management and administration of customary land and for matters connected therewith and incidental thereto. Then, in 2012, the government of kenya passed the land act, land registration act, and the national land commission act. A land administrators view on the national land policy. Apr 01, 2014 the politics of land reform in kenya 2012 article pdf. As is acknowledged in the executive summary of the said policy stakeholders from public, private and civil society contributed towards the policy formulation through thematic groups based on discussions, regional workshops and written submissions. At the core of the statement of the problem of the study lie issues of land tenure and sanctity of land titles in kenya. National land policy, provisions on land and environmental management under the constitution of kenya and new land laws namely the land act 2012, land registration act 2012 and national land commission act. National land commission act 2012, the county governments act, 2012, the land registration act 2012, wildlife conservation and management act, 20, kenya maritime authority act cap 370, the national land policy, the national urban development policy, maritime policies and environmental conservation policies. Abstract security of land tenure influences the quality of development and the physical environment.
The rights of women to access, own, control, manage, administer and inherit land constitute an integral part of the fundamental principles of the national land policy. This led to a clamour for land reforms which eventually yielded the kenya national land policy nlp adopted in 2009, and a comprehensive treatment of land in the constitution of kenya promulgated in august 2010. National land policy hereinafter referred to as the national land policy. Looking at the way grievances over land have been articulated over time, it is apt to say that there is not a single land question in kenya but multiple land questions begging for attention and resolution. In kenya, the land problem is one of the main issues that citizens have reported and sought legal advice on through the advocacy and legal. Government has just set in train a national land policy formulation process to.
Kenya has recently initiated farreaching land reform. Like other african states, kenyas state may be predatory and arbitrary in ways that may be restrained through the rule of law. See foreign investment in developing country agriculture issues, policy. The policy reasserts customary land tenure rights and repudiates the focus on converting customary. Republic of kenya participatory ecological land use.
Odenda lumumba is national coordinator for the kenya land alliance kla this is an extract from a paper landrelated conflicts in kenya. View notes sessionalpaperonkenyanationallandpolicy from chemistry 412 at university of eldoret. A range of factors including climatic, topographical, technological and innovation, habits, financial, marketing, trading, transportation, storage, production processes, legal framework on land tenure systems, international. Sessionalpaperonkenyanationallandpolicy republic of. The national land policy, 2009 is summarized as nlp. Kenya provided intellectual, technical and political guidance to the lpi throughout the. The national land policy addresses inequitable distribution of land, land administration issues, access to land, land use planning, restitution of historical injustices, environmental degradation, conflicts, unplanned proliferation of informal urban settlements, outdated legal framework, institutional framework and information management. Government has just set in train a national land policy formulation process to try and sort. National land commission demands lamu land file cyrus ombati 19th sep 2014 00. View notes sessionalpaperon kenya national land policy from chemistry 412 at university of eldoret. This paper examines the intersection of gender equality, the 2002 national land policy, and customary land inheritance practices as they relate to womens access to land in rural malawi. African union african development bank economic commission for africa.
National land use policy kenya property developers. Commission of inquiry into the land law system of kenya, charles njonjo. According to the kenya national dialogue and reconciliation mediation team, the approval of the nlp is a critical step toward addressing land issues in kenya. This pdf version of the thesis differs a little from the official, inspected version that is deposited in the kumpula science library. Lack of support for pastoralism and inappropriate land use planning overall there is a lack of support for pastoralism as the most appropriate land use system for dryland areas. This is the case in maasai land in kenya which hosts many of the national. Republic of kenya ministry of lands sessional paper no. Report of the commission of inquiry into the land law system. The adoption of the sessional paper on the national land policy by the.
It is important to note that the national land use policy has its roots in the legislative and policy framework that guides the country today. The draft national land policy attempts to resolve these issues using different strategies and mechanisms. Customary land act, 2016 malawi legal information institute. Theoretically, the land act provides for some protection of womens land rights by. The purpose of the study is to raise questions concerning the draft kenya land policy and to propose areas for further consideration, to assist kenya in its attempts to address this difficult issue. This national land policy, among other things, seek to reorient the land sector in national. Policy statement the national land policy should state that. Land use policies and natural resource management in kenya. The policy has a bifocal emphasis on ownership of land and land use, stipulates incentives for sustainable and productive use, as well as other measures to achieve land management and land. Nlc national land commission nri natural resources institute nrm natural resources management repla regional enhanced livelihoods in pastoral areas sida swedish international development agency usaid united states agency for international development.
All of these laws strengthen the land rights of kenyans and promote gender equity in accessing land. Nortongriffiths council member of the eawls and chairman of the conservation committee of the eawls january 2007. Current land policy on customary land administration in zambia contd customary tenure is uncoded or unwritten making it difficult to define as it differs from chiefdom to chiefdom. Achieving food security is a key policy challenge to the government of kenya. In fact, without the determination of csos kenya would probably have neither a national land policy nlp nor an entire chapter in the. The national policy for the sustainable development of northern kenya and. It is in response to this call that this land use policy has been developed, incorporating all activities that are likely to have an impact on the use of land and its resources. A framework to strengthen land rights, enhance productivity and secure livelihoods. National land use policy is to achieve coordination, sustainability and optimal land utilization for socioeconomic development. Usaid country profile landlinks was created by e3land, a. The impact of national land policy and land reform on.
Commission of inquiry into the land law system of kenya on principles of a national land policy framework, constitutional position of land and new institutional framework for land administration, kenya. Conflict, released by the director, kenya wildlife service 25 december 1995 on file with. The institution of surveyors of kenya was involved in the kenya national land policy. Ministry of lands, housing and urban development land portal. Principles of land policy kenya law reform commission. A land administrators view on the national land policy, the constitution of kenya 2010 and the national land commission bill 2011. National land policy in kenya the process of formulating a national land policy nlp in kenya is already in progress.
The government of kenya, through the ministry of industry, trade and cooperatives, on monday launched the national trade policy. Landuse policies and natural resource management in kenya. Articles 2377 and 242 of the constitution of uganda are very clear. It also draws lessons from successes as well as from failures in land policy development, implementation and monitoring. A new constitution 2010, which includes a chapter on land and environment, anchoring many of the nlps key provisions in law. Participation of surveyors in land policy formulation in kenya fig. The case of nairobi river basin 4322 fig congress 2010 facing the challenges building the capacity sydney, australia, 1116 april 2010 114 land use policies and natural resource management in kenya. Insecurity of land tenure and its impact on the environments of muyeye, malindi, kenya v conducting this research, may god bless you and your families.
In this way, i am confident that we will collectively achieve the vision of the national land policy of a transformed ugandan society through optimal use and management of land resources for a prosperous and industrialized economy with a developed services sector. The politics of land reform in kenya 2012 article pdf. But corruption that pits state against society is not the only problem. Both the national land policy and the new constitution of kenya are widely. Lack of support for pastoralism and inappropriate land use planning overall there is a lack of support for pastoralism.
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