This reviews the literature on decentralised land governance in Southern Africa, highlighting key issues and challenges of ‘land governance from below’.
The mandate of the Kenya Government in its objective to achieve sustainable development is to reduce poverty by half by 2015 and transform the country into a newly industrailized nation by the year 2020. This paper reviews the cadastral systems that have been formulated and implemented in Kenya ; the different concepts and techniques used in the preparation of cadastral survey plans and maps; and the impact of the cadastre as a source of spatial data in support of land administration processes.
Conventional notions of the ‘land parcel’ have been extended: previously unrecognized tenures including customary, nomadic, or communal interests are now incorporated into the concept. Technical tools including the Social Tenure Domain Model (STDM) enable these new understandings to be operationalized in land administration systems. The nomadic pastoralists of Kenya’s dry land regions illustrate where these new approaches can be applied.
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.
The absence of a clearly defined land use policy in Kenya after years of independence has resulted in a haphazard approach to managing the different land use practices and policy responses. Land use continues to be addressed through many uncoordinated legal and policy frameworks that have done little to unravel the many issues that affect land use management. The Constitution of Kenya 2010, Kenya Vision 2030 and the Sessional Paper No. 3 of 2009 on National Land Policy all call for a clear framework for effectively addressing the challenges related to land use.
This book exposes the key land use and environmental problems facing Kenya today due to lack of an appropriate national land use policy. The publication details how the air is increasingly being polluted, the water systems are diminishing in quantity and deteriorating in quality. The desertification process threatens the land and its cover. The soils are being eroded leading to siltation of the ocean and lakes. The forests are being depleted with impunity thus destroying the water catchments.
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.
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.
Ministry tells urban owners that they won’t have to pay more after their land rights expire, but analysts say the issue must be clarified in a law
China’s land ministry has assured the country’s urban homeowners that they won’t have to pay extra money for their properties when their underlying land use rights expire, at least for now.
La comunidad de Santa María remite a un caso de lucha por la tierra en la que población de origen tacana (indígena) insiste en que el Estado le reconozca una determinada porción de territorio y bosque. Sus estrategias tienen que ver con las marchas para presionar a las autoridades y la consecución legal de tierras.