THE COMMUNITY LAND ACT No. 27 of 2016

Date of Assent: 3lst August,2016

Date of Commencement : 2 I st September, 201 6

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.

A Land Information Management System (LIMS) is an information system that enables the capture, management, and analysis of geographically referenced land-related data in order to produce land information for decision-making in land administration and management. The system is a Geospatial Information System (GIS) driven for the purposes of handling and managing parcel based information. The Republic of Kenya, located in East Africa, ranks 33rd in the world in terms of population with 38.6 million people and has a land area of 224,081 square miles.

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.

In Timor-Leste, customary institutions contribute to sustainable and equitable rural development and the establishment of improved access to and management of land, water and other natural resources. Drawing on multi-sited empirical research, we argue that the recognition and valorization of custom and common property management is a prerequisite for sustainable and equitable land tenure reform in Timor-Leste.

The oil palm boom in Southeast Asia has increased demand for institutional arrangements facilitating large-scale plantation development on customary lands. A financial model of an oil palm plantation in Sarawak, Malaysia, is used to explore six project types, including managed smallholders, three different joint-venture arrangements, renting, and (for comparison) a private plantation on state land. Benefit-cost analysis is used as basis for project, private (shareholder), and stakeholder analyses.

This publication outlines the process undertaken by UN Habitat/GLTN and The United Nations Food and Agriculture Organization (FAO) Representation in Kenya to support the Ministry of Lands, Physical Planning and Urban Areas Management of the Turkana County Government-Kenya, in establishing a county Land Information Management System based on the Social Tenure Domain Model (STDM). The project was carried out in the context of the United Nations Food and Agriculture Organization (FAO) program entitled, Support for Responsible Land and Natural Resource Governance of Communal Lands in Kenya.

The Rural Agricultural Livelihood Survey (RALS) is a new panel survey designed to obtain a comprehensive picture of Zambia’s small- and medium-scale farming sector using the 2010 census sampling frame. An earlier household panel survey for rural Zambia was the Supplemental Surveys (SS) of 2001, 2004 and 2008, which enabled the publication of a large set of important research outputs by IAPRI, Michigan State University and a range of Zambian and international partner organizations.

In the context of the global land rush, some portray large-scale land acquisitions as a potent threat to the livelihoods of already marginalized rural farming households in Africa. In order to avoid the potential pitfall of studying a particular project that may well have atypical effects, this paper systematically investigates the impact on commercial farm wage incomes for rural smallholder households of all pledged investments in the agricultural sector in Zambia between 1994 and 2007.

We use nationally representative survey data from two neighboring countries in Southern Africa – Zambia and Malawi – to characterize the current status of rural land rental market participation by smallholder farmers. We find that rural rental market participation is strongly conditioned by land scarcity, and thus is more advanced in Malawi than in lower-density Zambia. In both countries, we find evidence that rental markets contribute to efficiency gains within the smallholder sector by facilitating the transfer of land from less-able to more-able producers.

In the name of development, governments in southern Africa are reformulating land policies to facilitate privatisation of customary land rights. It is argued that this can stimulate land markets, (foreign) private investment, access to formal credit, and enhance security of tenure (by way of holding title), thereby leading to economic growth and poverty alleviation.