The constitution of Kenya , 2010

Sessional Paper No.3 of 2009 on the National Land Policy

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 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.

Kenya is going through a period of intense transition. The country's main development policy, Vision 2030, is just entering the second Medium Term Plan of Implementation from 2013. The development priorities focus extensively on large scale investments, for industrial, irrigated agriculture, utilization of newly discovered natural resources, and infrastructure development. Land is therefore a central commodity for realization of the sought after socioeconomic transformation.

The future is increasingly urban and inevitably so. Urbanisation is increasing at unprecedented rate in both Sub-Saharan Africa and developing world (UN Habitat, 1999). Alongside this rapid expansion comes the emergence of the peri-urban areas that are characterised of increasing intensification and co-existence of urban and rural areas, marked by dynamic flows of commodities, capital, natural resources, people and environmental pollution.

The Cocoa Research Institute of Ghana (CRIG), with support from the World Cocoa Foundation (WCF) the United States Agency for International Development (USAID), performed the Ghana Land Tenure Baseline Survey, the first of its kind survey of tenure rights among cocoa farmers in Ghana. CRIG surveyed almost 1,800 cocoa farmers operating 3,900 cocoa plots regarding various land tenure issues within customary sharecropping arrangements and on owner-managed land. This report describes the findings from the Survey.

This case study draws on research that sought to understand the process of urban land development in practice, from the perspectives of developers and municipalities. The research was undertaken by the Department of Town and Regional Planning, University of Pretoria, commissioned by Urban LandMark. The resource includes some learning and reflection activities based on the case study. These activities can be done individually or in groups, as appropriate for the learning session.

This case study draws on research that investigated how urban land is claimed, used or divided and the various land use management (LUM) practices that exist around these various and sometimes competing land uses. This case study is based on a research study undertaken by Colin Marx and Margot Rubin with Progressus Research and Development, commissioned by Urban LandMark. An introduction to the case study is given below. You can do these activities on your own or in groups, as appropriate for your learning session.

The paper presents and discusses the fact that when land is acquired, compensation paid and resettlement done, the communities still go ahead and put constraints before the Government for the purposes of hindering the development. Citing of projects for economic development is a major problem for developing economies because of the agitation of the land “owners”despite an existing good land tenure system.

The paper stressed the fact that one general law may not be sufficient for Government to process land for development purposes because of the communities’ agitation

This Law prescribes the regime of land ownership, powers and responsibilities of the State in representing the entire-people owner of land and uniformly managing land, the regime of land management and use, the rights and obligations of land users involving land in the territory of the Socialist Republic of Vietnam.

ELD is a joint initiative of Germany, the European Commission and the United Nations Convention to Combat Desertification (UNCCD). ELD offers a strong platform for raising public awareness of land degradation and advocating sustainable land-use strategies.

Soils around the world are degrading rapidly, reducing ecosystem diversity and some important functions, threatening food and other human securities, and increasing vulnerability to climate change. This is a vicious cycle created by and leading to further unsustainable land-use practices. Integrated (‘nexus’) soil, land, water and ecosystem management can help to turn it into a virtuous cycle.