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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.
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.
Marked power imbalances often result in communities losing out in use conflicts over their territories and resources. This applies in particular to extractive industries and infrastructure projects.
THE MINING ACT No. 12 of 2016
Date of Assent: 6th May, 2016
Date of Commencement: 27th May, 2016