04-06: Kenya's land policy reforms: Did they deliver?
Land policy implementation in Kenya: achievements, challenges and lessons ten years later
Land Development and Governance Institute (LDGI), Kenya
Having enacted its national land policy ten years ago, Kenya has had experiences with implementation whose progress, challenges and lessons need to be shared. This will be helpful for the review of the policy which will be done in the year 2019, and will also inform scholars and other regional jurisdictions with similar circumstances and levels of development as Kenya’s.
The paper discusses the institutional framework established under the land policy and the constitution and how this has played out in practice, including the conflicts and solutions engaged. It also brings out the laws and regulations enacted, the roles and programmes driven by the land commission, the national and devolved governments. The paper also analyzes how some of the contentious issues in the land policy have played out at implementation. Recommendations to inform the 2019 policy review are made.
Smallholder settlement schemes in Kenya: A retrospective and prospective analysis of Trans-Nzoia county
National Land Commission, Kenya
Smallholder settlement schemes have played a central role in the economic and development strategies in postcolonial Kenya. Adhering to the ‘land re-distribution’ agenda, these schemes marked a critical turn in the land question. Hence, in the transition to independence, settlement schemes helped de-racialize land ownership, and offered land to landless Africans who had been displaced in the struggle against British colonial rule. These land transfers were varied and became instrumental linchpins in the agrarian land re-distribution and economic development strategies. In the context of increased land fragmentation, astronomical rural-urban migration and changing rural population demographics the transformations occurring in these schemes especially in high potential agriculture Trans-Nzoia County call for considerable evaluation of the settlement scheme program. Research was conducted in Trans-Nzoia County with the aim of offering insights into the history and development of settlement schemes as pillars of rural development and agrarian reform.
By the communities for the communities: A holistic approach to community-based natural resource governance:
Kenya is in the midst of land reform that has far-reaching implications for securing the land rights of rural people, and promoting political stability and economic development. The reform is based on a National Land Policy (NLP), adopted in 2009. Since then the country has also adopted various laws and policies including the Constitution 2010, The Land Act, The Land Registration Act, the Community Land Act etc .
This paper aims at demonstrating how Kenya’s land reforms have led to the improvement of tenure security and increased participation investments at the community through Constitutional categorization of land into Community, Public and Private. will highlight how the reforms done at national level have opened opportunity for the securing tenure rights for communities. It is anticipated that the actualization and implementation will scale up of this enhanced of tenure security will result in the positive transformation of the livelihoods of more communities.
The political economy of Kenya land policy review
KENYA LAND ALLIANCE, Kenya
The political quest to review the Kenya National Land Policy has been on the cards since it was formulated and endorsed by Parliament on December 3, 2009. This is despite the fact that the policy document was developed in tandem with the African Framework and Guidelines on Land Policy (F&G), which spelled out a comprehensive process of restructuring three major components of the land system, namely its structure of land ownership (property system), land use and production structures, and the support services infrastructure for land delivery. Important to note is that the Kenya National Land Policy was endorsed after the Heads of States and Governments had declared their commitment to the shared vision, objectives and principles on land policy matters in July 2009. The blueprint was to govern ownership, access, use and management of land resources to enhance productivity and contribution to social, economic, political, environmental development and inclusive development.