Kenya

KEN

Kenya

Land reform in Kenya has been marked by several significant milestones in recent years.

In 2009, the Kenyan Parliament approved the National Land Policy (NLP), which mandates land restitution or resettlement for those who have been dispossessed and calls for reconsideration of constitutional protection for the property rights of those who obtained their land irregularly. The NLP was supported by the ratification of a new Constitution in 2010. The Kenyan constitution holds that all land belongs to the people of Kenya, classifies land as public, community or private, establishes a National Land Commission and allows non-citizens to hold land only on the basis of leasehold tenure. Further progress was marked by the passage of the Land Act, Land Registration Act, and the National Land Commission Act in 2012.

Despite legislative advances, secure and equitable access to and control over land for all Kenyans remains elusive. Current land-related issues in Kenya include: historical land inequities and land conflicts (which contribute to violence and displacement, including after the 2007 presidential elections); gender discrimination impeding the realization of women’s land rights; water scarcity; demand for forest resources; urban poverty and urbanization; and the management of rangelands needed by pastoralists. 

Disclaimer: The data displayed on the Land Portal is provided by third parts indicated as the data source or as the data provider. The Land Portal team is constantly working to ensure the highest possible standard of data quality and accuracy, yet the data is by its nature approximate and will contain some inaccuracies. The data may contain errors introduced by the data provider(s) and/or by the Land Portal team. In addition, this page allows you to compare data from different sources, but not all indicators are necessarily statistically comparable. The Land Portal Foundation (A) expressly disclaims the accuracy, adequacy, or completeness of any data and (B) shall not be liable for any errors, omissions or other defects in, delays or interruptions in such data, or for any actions taken in reliance thereon. Neither the Land Portal Foundation nor any of its data providers will be liable for any damages relating to your use of the data provided herein.

Indicators

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Infographics

Land Governance Assessment Framework (LGAF)

Please, select year and panels to show the info.

    Legend
    • Very Good Practice
    • Good Practice
    • Weak Practice
    • Very Weak Practice
    • Missing Value

    Voluntary Guidelines on the Responsible Governance of Tenure

    Legend: National laws adoption of the VGGT principle
    • Fully adopt
    • Partially adopt
    • Not adopted
    • Missing Value

    Note: The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries, and Forests in the Context of National Food Security (The VGGTs) were endorsed by the Committee on World Food Security in 2012.

    The "VGGT indicators" dataset has been created by Nicholas K. Tagliarino, PhD Candidate at the University of Groningen, with support from Daniel Babare and Myat Noe (LLB Students, University of Groningen). The indicators assess national laws in 50 countries across Asia, Africa, and Latin America against international standards on expropriation, compensation, and resettlement as established by Section 16 of the VGGTs.

    Each indicator relates to a principle established in section 16 of the VGGTs. Hold the mouse against the small "i" button above for a more detailed explanation of the indicator.

    Answering the questions posed by these indicators entails analyzing a broad range of national-level laws, including national constitutions, land acquisition acts, land acts, community land acts, agricultural land acts, land use regulations, and some court decisions.

    Media

    Latest News

    23 April 2017

     

    Tina Anyango (not her real name) aged 28 is a widow living in Kuoyo Kaila, East seme Ward in Kisumu County. She is living with HIV which robbed her off the man she had lived with and loved for the past eight years. Her husband’s death left her solely responsible for their two children. To meet their needs, she depended on a one-acre piece of land she and her husband used to do farming together.

    19 April 2017

     

    ELENERAI, Kenya (Thomson Reuters Foundation) - Norah Chepkulul, a single mother of two young sons, stands outside her home, a grass thatched hut surrounded by cactus-like euphoria trees on the dusty Maasai Mara road in Kenya's Rift Valley.

    She has just finished milking her four cows and has asked the boys to keep an eye on the goats corralled in the little compound.

    4 April 2017

     

    Shortly after a visit from an EU delegation last week, Kenya Forest Service (KFS) guards based at Tangul, Kipsitono and Maron KFS camps carried out intensive evictions according to Sengwer witnesses, with KFS allegedly having since burnt down over 90 Sengwer homes and destroyed their property.

    Latest Blog

    A woman returns to a farmer village near Dodoma, Tanzania (Photo: Cecilia Schubert, Creative Commons via Flickr)

    By Philippine Sutz, Senior researcher – Legal Tools team; Natural Resources Group, International Institute for Environment and Development (IIED)


    This blog was produced for the LEGEND Land Policy Bulletin. Land: Enhancing Governance for Economic Development (LEGEND) is a DFID programme that aims to improve land rights protection, knowledge and information, and the quality of private sector investment in DFID priority countries.

    Kenya’s new constitution provides for ‘community lands’. Group ranches and trust lands will be vested in communities. But why, some ponder, would modern citizens want to own land as communities? Is the constitution protecting old ways instead of leading us into the future?

    This week I will answer these questions through a global lens. Next week I will zero in on constitutional directives and how far the proposed Community Land Bill delivers.

    Latest Events

    Meeting of the Ogiek community of Sasimwani to review their draft by-laws (Photo: Namati / Jaron Vogelsang)
    16 November 2016

    Location

    Virtual
    United Kingdom
    GB

    Join us for a webinar on 16 November to discuss how communities can use by-laws to secure their land rights.

    Indigenous and rural communities that use customary land tenure systems are among the least likely populations to have legal recognition of their rights to their lands and natural resources. 

    On Wednesday 16 November 2016, IIED will host a webinar on strengthening the security of tenure of indigenous and rural communities, particularly focused on communities that employ customary tenure systems. 

    24 April 2015 to 30 April 2015

    The 9th International Conference on Community-Based Adaptation (CBA9) will take place in Nairobi, Kenya from 24-30 April, 2015, hosted by the Government of Kenya.

    Organised by the International Institute for Environment and Development (IIED),Bangladesh Centre for Advanced Studies (BCAS) and African Centre for Technology Studies (ACTS), this year's conference theme is 'Measuring and enhancing effective adaptation'.
     

    Partners

    Library

    Displaying 1 - 6 of 473
    Legislation
    September 2015

    This Act provides for — (a) an enabling environment for the development of all aspects of special economic zones including development of integrated infrastructure facilities; (b) the regulation and administration of activities within the special economic zones with due regard to the principles of openness, competitiveness and transparency.

    Legislation
    April 2012

    This Act provides with respect to the administration, structure, operations, powers, responsibilities and (additional) functions of the National Land Commission established by Article 67 of the Constitution and for certain aspects of management and administration of land in accordance with the principles of land policy set out in Article 60 of the Constitution and the national land policy.

    Legislation
    August 1968

    This Act makes provision for the compulsory acquisition of private land by the state. Part II sets out the procedures for compulsory acquisition of land: Whenever the Minister is satisfied that the need is likely to arise for the acquisition of some particular land under section 6, the Commissioner may cause notice thereof to be published in the Gazette, and shall deliver a copy of the notice to every person who appears to him to be interested in the land (sect. 5).

    Legislation
    April 2015

    This Act provides with respect to water resources management and water and sanitation in Kiambu County. It establishes two Water Service Providers and defines functions of the Department of Water and Sanitation Services. The Act furthermore concerns, among other things: water services; sustainable management of water resources; water and soil conservation; storm water management; sanitation services; and pollution control.