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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.
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 need for affirmative action and the mainstreaming of the commons community plus a comprehensive strategy to secure indigenous and community land has become a major global concern of the 21st century.
Land acquisitions, either driven by foreign investments or domestic investment needs have continued to polarize opinions.
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 COMMUNITY LAND ACT No. 27 of 2016
Date of Assent: 3lst August,2016
Date of Commencement : 2 I st September, 201 6
THE FOREST CONSERVATION AND MANAGEMENT ACT, 2016 No. 34 of 2016
Date of Assent: 31st August, 2016
Date of Commencement: By Notice
Indigenous Peoples and local communities hold a large share of the world’s land area under customary systems. However, there is a tremendous gap between what is held by communities in practice and what is formally recognised by governments.
The year 2016 marks 15 years since the new wave land reforms became operational in Tanzania. Despite its ambitious goals – encouraging land registration and titling, and empowering women and other vulnerable groups – the results are disillusioning.