ROSEMARY WACHIRA

MINISTRY OF LANDS, KENYA

NARTIONAL LAND POLICY FOR POVERTY REDUCTION AND ECONOMIC GROWTH

December 2006

CONTENTSImportance of a National Land Policy

Manifestation of lack of National Land Policy

Land Question and the Historical Perspectives

National Land Policy Formulation Process

Broad Policy Proposals

Impact of Land Policy

Conclusion

1. Modern and traditional ownership of and access to land

2. Complex and numerous Acts of Parliament that make management and administration inefficient

3. Inequitable access to land

4. Increased population and the need for food security

5. High rate of urbanization

6. Breakdown in land administration and land delivery procedures

Importance of a National Land Policy

Manifestation of lack of Land Policy

1. Inefficient service delivery in land

2. Disparities in land ownership and poverty

3. Deterioration in land quality

4. “Squatting” and landlessness

5. Underutilization of agricultural land

6. Tenure insecurity and conflict

7. Informal urban settlements

Land Question and the Historical PerspectiveI. Pre-colonial era and the traditional

system

II. Colonization and its effect on traditional system

1. Introduction of economic, legal and political modern systems

2. Absolute rights and subsidiary rights

3. Redistribution of land resulting in displacement of local communities

4. Loss of land rights, access and use of natural resources

Contd.

III. Post-colonial era

1. Retrenchment and continuity of colonial land policies

2. Two substantive regimes in property law – customary and English property laws

3. Dual systems manifested in:

A. Export enclave for a few local elite and remnant settlers, and

B. Subsistence periphery (agriculture) for majority of the communities

National Land Policy Formulation Process

• Enactment of Land Policy was one of current promises of reforms

• Land clashes, inter-tribal conflicts and dwindling productivity – accelerated clamor for land policy

• Land question one of controversial issues in constitutional review

• Country opted for a fully consultative and participatory process which involved:

Contd.Pillars of the Formulation Process

1. Structures that would enhance interaction between public, private, civil society and development partners

2. Clearly defined values for the process

3. Realistic timeframe and effective facilitation

4. Clear outputs at each stage

5. Political goodwill

Broad Policy Proposals

Constitutional land issues

1. Equitability in access to use and land rights

2. Power of eminent domain (compulsory acquisition)

3. Police power (development control)

Land reform

1. Redistribution, restitution, resettlement, land banking, land taxation, land consolidation

Contd.

Land tenure issues

1. Private land tenure

2. Public land tenure

3. Communal land tenure

4. Land based natural resource tenure

Contd.

Land use management issues

1. Sustainable productivity

2. Land use planning and overall national land use policy and plan

3. Environmental management

4. Eco-system protection

5. Investment strategy

Contd.

Land administration

1. Guarantee of land tenure security

2. Functional land markets

3. Efficient and effective land transactions

4. Dispute resolution

5. Support for both private and communal land tenures

Contd.

Land issues requiring special attention

1. Historical injustices/claims

2. Land rights of minority and marginalized communities

3. Land rights of women and orphans

4. Issues peculiar to the Coast Region

Contd.

Institutional issues

1. Current institutional structures for land administration and management are highly centralized, poorly funded, use lengthy and inefficient processes

2. Hence need for structural reforms

Contd.

Implementation framework

1. Framework for reforms

2. Capacity building

3. Resource mobilization

4. Public education and awareness

Impact of the Land Policy

1. Framework for proper land administration and management system

2. Reliable mechanisms for resolving land disputes

3. A framework of harmonized simple cost effective laws

4. A legal and institutional framework for secure land tenure which includes customary tenure and common property resources

5. A framework for managing the pastoral commons

Contd.1. A framework for a functional land

information system

2. Mechanisms that ensure gender equity in land allocation and ownership

3. Mechanisms for conservation and protection o environment

4. A framework for land use planning

5. Guidelines for formalization of informal settlements

6. Opportunity to create pro-people institutions with devolved services

Conclusion