Land is a natural resource that is limited and finite but with immense commercial (as an asset and factor of production), social-cultural, spiritual and aesthetic value. On the other hand, a family particularly in the context of Uganda is a fluid social construct deriving its strict definition from a particular social-cultural context. Land and family conflicts have been shown by various studies 1 to be the most prevalent form of livelihoods disruption to many households’ and individuals.
Approaches to securing tenure have been dominated by debates about whether titling advances secure land tenure and development in developing countries or whether it is either ineffectual or detrimental to socially more relevant systems. While the policies of many developing countries, including South Africa, continue to support titling approaches to securing tenure, there is widespread confirmation in the literature that title can be problematic for poor people living in both urban and rural areas.
The report provides a conceptual framework for understanding the application of 'adjudication' to land rights verification as part of a general land administration function that includes offregister rights; and outlines the motivation for developing such as system in South Africa, with some provisional ideas about systematising and institutionalising land rights adjudication to include off-register rights.
Land Registration and Administration in Kenya is currently operated on a multi-legal platform [UN 2013]. The Land Registration Act No. 3 of 2012 (LRA) was in that regard enacted to consolidate, harmonize and rationalize land registration goals; which are yet to be achieved. This is majorly because in as much as the 2012 statute repealed five out of the seven major land registration laws, they all remain in force under LRA’s transitional clauses. The Government of Kenya is making efforts to avail land registration information online via the e-citizen platform.
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
Public land is a resource that should be effectively managed in the public’s best interest in line with provisions of the Constitutions of Kenya and the Land Act. The management framework governing land use and development decisions on public land should ensure protection and sustainable management of the land. Despite these provisions in law, recent media reports point toresurgenceof public land grab. The Land Development and Governance Institute commissioned this research study to establish the status of the public land management in Kenya.
The Land Act, 2012
The Land Registration Act, 2012
The National Land Commission Act, 2012
The Environment & Land Court Act, 2011
The Urban Areas & Cities Act, 2011
The acquisition of land by foreigners in developing countries has emerged as a key mechanism for foreign direct investment (FDI). FDI is defined by the Organization for Economic Cooperation and Development (OECD) as the category of international investment that reflects the objective of a resident entity in one economy to obtain a lasting interest in an enterprise resident in another economy.
Fiscal instruments are tools that governments use to manage revenue and expenditure and therefore influence the growth (or stability) of the various sectors of the economy. Government revenue is derived primarily through taxation. In Kenya, land taxation has contributed less than 1% of government revenue for the past three years. The Sessional Paper No.