communal ownership

Communal ownership is a commonly used term to describe those situations where rights to use resources are held by a community.

Journal Articles & Books
December 2006

This paper is a review of the Land Use Act of 1978 with a view to examining the implications of the Act for security of tenure and environmental conservation. The review indicates that while the inalienation of rights of use and ownership of land under the communal or group ownership tenure system limited access to land and security of tenure, it encouraged the protection and conservation of land resources and the physical environment.

Journal Articles & Books
Reports & Research
August 2015

In Kenya, insecure land tenure and inequitable access to land, forest and water resources have contributed to conflict and violence, which has in turn exacerbated food insecurity. To address these interlinked problems, a new set of laws and policies on food security and land governance are currently being introduced or designed by the Government of Kenya. The new Food Security Bill explicitly recognizes the link between food security and land access, and the 2012 land laws target the corrupt system of land administration that made much of Kenya’s land grabbing possible.

Journal Articles & Books
September 2014

The first set of the land laws were enacted in 2012 in line with the timelines outlined in the Constitution of Kenya 2010. In keeping with the spirit of the constitution, the Land Act, Land Registration Act and the national Land Commission Act respond to the requirements of Articles 60, 61, 62, 67 & 68 of the Constitution. The National Land Policy, which was passed as Sessional Paper No. 3 of 2009, arrived earlier than the Constitution, with some radical proposals on the land Management.

Journal Articles & Books
March 2017

Kenya’s Vision 2030 aims at transforming the country into a newly industrialized middle income country

and infrastructural development is high on the agenda to achieve this. Competing land uses and existing

interests in land make the use of eminent domain by government in acquiring land inevitable. However

most of the land earmarked for compulsory acquisition comprises of un- registered land whose interests

are not formally documented. Kenya has progressive statutes that provide for compensation of land that is

Journal Articles & Books
March 2017

While women’s rights to land and property are protected under the Kenyan Constitution of 2010 and in various national statutes, in practice, women remain disadvantaged and discriminated. The main source of restriction is customary laws and practices, which continue to prohibit women from owning or inheriting land and other forms of property.

Journal Articles & Books
March 2017

Women face many problems with regard to land inheritance and land rights in Kenya. Individual and community land ownership do not favour women. The reason for this is that ownership of land is patrilineal, which means that fathers share land amongst sons, while excluding daughters. This practice is traditionally widespread and partly accepted although it goes against the interest of women and is prohibited by the constitution.

Legislation & Policies
May 2016

THE MINING ACT No. 12 of 2016

Date of Assent: 6th May, 2016

Date of Commencement: 27th May, 2016

Legislation & Policies
September 2016

THE COMMUNITY LAND ACT No. 27 of 2016

Date of Assent: 3lst August,2016

Date of Commencement : 2 I st September, 201 6

Policy Papers & Briefs
February 2016

Kenya is currently implementing a number of large scale infrastructure and development projects aimed at trans forming the country into a newly industrializing, middle-income country. For this, the government has had to compulsorily acquire large tracts of land upon which the infrastructure is set.