Towards securing community land tenure in kenyas counties. The land tenure systems operative in kenya have been characterised as. Rather than demolishing them, which renders many people homeless, they. A land tenure system is the way in which a society obtains, uses and distributes rights to land. Land reform involves changes in tenure relations between land users and the landowner, or in tenure systems, instigated. Jan 10, 2017 importance of tenure today land tenure system has got its specific importance for the development of agriculture. It is a valuable asset that no one would wish to part with and in kenya, the government retains the ultimate title to land. Footnotes i 1 in the coastal belt of kenya, territory permanently leased from his highness the sultan of zanzibar and ad ministered as a protectorate by the government of kenya, the land situation is in a state of confusion partly. Summaries of land tenure categories and governing laws in kenya.
Engendering property rights journal of public and international. This is an important issue for kenya, due to new constitutional rules. In kenya, this tenure system refers to unsurveyed land owned by different kenyan communities under customary laws. Trust land is the most extensive type of tenure, comprising 64 percent of the total land area in 1990 20. The increased urbanisation and tenure insecurity to indigenous people caused the development of the flexible land tenure system in the midnineteen nineties. Impacts of different land registration systems on communal. Privately owned land allows owners acquire knowledge and build capacity in to adapt as well as implement new production methods which in turn contribute to a food secure society. Land tenure and economic development in rural south africa. The effect of existing land tenure systems on urban land. Nevertheless, the flexible land tenure act flta was only enacted in 2012 and the regulations are still pending. Land tenure classifications in kenya cambridge centre for. This is a land pledged for money and can be reclaimed by the owner on repayment of the loan. Congress established the eastwest center in 1960 to foster mutual understanding and cooperation among the governments and peoples of the asia pacific region including the united states. Land tenure and violent conflict in kenya kenya reliefweb.
Importance of tenure today land tenure system has got its specific importance for the development of agriculture. Land tenure system in kenya started during the independence period. The maasai people of kenya kenyas maasiland experience with land privatization can help to illuminate how the transition from communal land tenure systems to individualized property rights has played out. The term customary tenure invokes the idea of traditional rights to land and other natural resources.
Challenges of land tenure and reform in africa or a short summary of major issues that need to be addressed. Land tenure can be defined as the manner in which a party holds or occupies an area of land. Land tenure system prevailing in the country helps to locate the actual owner of the land by. Its components are the system of land ownership and system of labour organization. Land tenure reforms and investment in tanzania, in partial fulfillment for the degree of masters of. One factor behind such deviation was the unique personal relationships that were developed between original landholders and heirs.
Nevertheless, the flexible land tenure act flta was only enacted in. It is an aspect that has varied definitions but is important in ensuring that the relationship of people with concern to land is improved for their benefit. Such informal systems of land tenure arise from disregard of existing tenure arrangements, tenure considered lawful by one group or law but not recognised by another, especially the official system, and tenure insufficient to. There are various types of land tenure systems in uganda under under which citizens and foreigners can buy land, own and utilize it. Land tenure and related institutions gender and land. Rights over the land are under the control and direction of the president of the united republic and those rights cannot be disposed of without the consent of the president.
Kenya was selected because it is a developing country in which colonial and postindependence governments extensively introduced three different land registration systems as a means of supplanting communal tenure. The state is unable to meet public demand in the urban areas it controls, and demand for urban land for residential, recreational, commercial and livelihood purposes is rapidly increasing. Rules of tenure define how property rights to land are to be allocated within. Safia aggarwal, land tenure and natural resource specialist, ard. Insecurity of land tenure and its impact on the environments. The republic of kenya was selected as the main study area for this thesis, within which three case studies were chosen. The effects of existing land tenure systems on land use in kenya today international conference on spatial information for sustainable development nairobi, kenya 25 october 2001 3 land tenure systems in kenya interests in land broadly fall into two groups. It is the greatest interest a person can have on land as it gives the holder absolute ownership of the land for life.
Land tenure and property rights assessment 2009 global. The purpose and scope of the proposed tenure reform in the former homelands of south africa are described, as well as the attempts by south africas neighbours to resolve tenure problems in the. The following are some of the importance of land tenure system. Types of land tenure systems in uganda land ownership in. The effects of existing land tenure systems on land use in kenya. Insecurity of land tenure and its impact on the environments of muyeye, malindi, kenya i insecurity of land tenure and its impact on the environments of muyeye, malindi, kenya. There are many different types of land tenure, including private and public ownership, and each type of land tenure comes with a bundle of rights for the use and disposition of the property. Land tenure is the relationship of people or groups interacting in a society with respect to land. The lsr can help to improve the poors access to land and alleviate poverty in developing. Lowcost lsr can help to clarify land property rights and ensure food security holden and ghebru, 2016. Land tenure and related institutions gender and land rights. Towards securing community land tenure in kenya s counties. The flexible land tenure system flts is an innovative concept to provide affordable security of tenure to inhabitants in informal settlements in namibia the basic idea of the flexible land tenure system is to establish an interchangeable tenure registration system parallel and complementary to the current formal system of freehold tenure. Land in the country is owned by the government, county councils, individuals and groups.
Tenure rules help define how property rights to land are allocated within societies. Customary tenure is a set of rules and norms that govern community allocation, use, access, and transfer of land and other natural resources. Dec 27, 2018 land tenure is another phrase for land ownership, frequently used outside of the united states. Land can either be owned in perpetuity or for a given period of time. The paper covers how land law in kenya has developed ab intra. Most of these, as we shall see below, are in one way or another linked to the tenure reform programme. Importance of studying land tenure system in kenya. Mar 01, 20 land tenure system in kenya started during the independence period. This type of land tenure system is also detrimental to agricultural production given that the creditor my not want to farm on the land since the debtor can reclaim it at any time. It is comprised of largely arid and semiarid lands.
The ten mile coastal strip mile coastal strip in kenya is a piece of land inland. This coastal region in kenya, where the islamic tenure is entrenched, is commonly referred to as the tenmile coastal strip. There are two types of land tenure system in kenya. Folke c, hahn t, olsson p, norberg j 2005 adaptive governance of socialecological systems. Importance of studying land tenure system in kenya zakenya. Land tenure in slum upgrading projects hal archive ouverte. Spatial information in land tenure reform with special reference to kenya international conference on spatial information for sustainable development nairobi, kenya 25 october 2001 2 or computer form, in a national spatial data infrastructure. The topic of land has long been, and continues to be, central to the lives of most africans, and to the politics and economies of african countries.
This paper can be downloaded in pdf format from ielrcs website at. In simple terms, land tenure systems determine who can use what resources for how. John mugambwa introduction in 1953 the british colonial government established a royal commission to investigate and recommend ways for the promotion of economic development in britains east african colonies. Such informal systems of land tenure arise from disregard of existing tenure arrangements, tenure considered lawful by one group or law but not recognised by another, especially the official system, and tenure insufficient to offer proper land ownership. Concern about land tenure and its impact on land use as well. This is because in the western world there is an aversion for anything communist or socialist, hence the westerners refused to even recognize that such tenure existed. This paper gives an overview of slum upgrading in kenya observing that slums are a major urban housing phenomena in kenya that require immediate attention. The paper revealed that although the majority of land transactions followed customary land tenure systems and inheritance rules, in a good number of cases land transactions deviated from the basic rules. The main land system in precolonial kenya was communal tenure which is not commonly recognized in the western cultures. Land tenure is another phrase for land ownership, frequently used outside of the united states. Okothogendo department of public law, faculty of law, university of nairobi, nairobi, kenya introduction an important theme in this workshop is the assumption that for agricultural development programmes to. The colonial imposition of the british legal system upon customary land tenure systems in kenya and uganda undermined womens property rights.
Government land act cap 280, registered land act cap 300, registration of titles act cap 281, trust land act cap 288 of the laws of kenya. Importance of land tenure security for rural development. Honiaras land tenure system has had a major impact on urban planning and development. Meeting on land tenure systems and sustainable development in southern africa held 1 3 october 2003, in lusaka, zambia, and their comments have been incorporated into this report. Land is capable of having various rights, interests and obligations coexisting. Maasailand is a vast region spanning across the tanzaniankenyan border. These are formerly native areas, awaiting smallholder registration to bring them under the privatemodern tenure system. Although not recognised in law, squatting has become widespread in kenya. Recognise a diversity of tenure systems, balanced with principles of social equity. Lessons of experience and emerging issues lorenzo cotula, camilla toulmin and ced hesse february 2004 copies of this publication can be obtained from. Land falls within a species of property that cannot be neglected. The study of land tenure in kenya is also crucial for ensuring that instances of starvation are solved by promoting food security. The latter body of law is referred to as statutory tenure, secured and expressed through national law, in various act of parliament e. Types of land tenure systems in uganda land ownership in uganda.
The rules governing land tenure are invented by societies to regulate land ownership behaviours. In the context of this research, the term land acquisition is applied to include actual purchases or leases of land by foreign or noncitizen entities, for purposes of investments. Sep 27, 2015 the main land system in precolonial kenya was communal tenure which is not commonly recognized in the western cultures. Pdf beyond panaceas in land tenure systems in ghana. Findings the study has revealed that land tenure insecurity is still widespread in southern africa.
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