This thematic report is the fifth in a series on housing, land and property rights, and tenure, and land conflict in Liberia. It examines land tenure and conflict from a Liberia/Cote d’Ivoire cross-border perspective within the context of forced displacement caused by the 2010 post-election crisis.

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 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.

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.

The cadastral system2 in Kenya was established in 1903 to cater for land alienation for the white settlers. Since then, a hundred years later, the structure of the system has remained more or less the same despite major changes in surveying technology. The government of Kenya has realized that the current structure is not conducive to economic demands of the 21st century and is interested in re-organizing the structure in line with the current constitutional dispensation and new paradigms in land management.

In the recent past, high profile cases involving land governance problems have been thrust into the public domain. These include the case involving the grabbing of a playground belonging to Lang’ata Road Primary School in Nairobi and the tussle over a 134 acre piece of land in Karen. Land ownership and use have been a great source of conflict among communities and even families in Kenya, a situation exacerbated by corruption.

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.

In Kenya, insecure land tenure and inequitable access to land and natural resources have contributed to conflict and violence, which has in return exacerbated food insecurity. Most farmers in Kenya have no legal title for the land on which they farm. Sources of tenure insecurity can be ethnic conflicts over land between neighbouring communities, particularly in the Northern provinces, expropriation by the state or local government and land grabbing by local elite or companies. Competition is as well growing over water, especially over groundwater, which is scarce in Kenya.

Land acquisitions, either driven by foreign investments or domestic investment needs have continued to polarize opinions. When this research was proposed, it was premised on arguments by scholars Ruth Meinzen-Dick and Helen Markelova, who had analysed agricultural land deals, and argued that there were potentially two schools of thought about foreign acquisitions over agricultural land.

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.