Refworld is the leading source of information necessary for taking quality decisions on refugee status. The national land policy enacted in 2010 through a national referendum provides kenya with the best option to address the longstanding land grievances that have often led to conflicts and violence. A critical analysis of the extent to which the national. The overall preparation of the national land policy for jamaica was a process based on an interactive strategy. A critical analysis of the extent to which the national land.
In kenya, the land problem is one of the main issues that citizens have. Manage public land on behalf of the national and county governments, recommend to the national government a national land policy. The kenya national land policy recognizes the need for security of tenure for all kenyans all socioeconomic groups, women, pastoral communities, informal settlement residents and other marginalized groups. Jul 09, 2017 provisions with actual practice on the ground. The overall objective is to prepare a national land policy that will provide for sustainable growth and investment and the reduction of. The formulation of a comprehensive national land policy commenced in february 2004. Property rights and resource governance program, a mechanism designed and supervised by usaidegats land.
Yet kenya has not had a clearly defined or codified national land policy since independence. The constitution also provides the context for the implementation of the national land policy. The policy framework has also been developed and include among others. Kenya launches the national land use policy cfl advocates. Where it has been successfully completed, subdivisions and new registrations make it a neverending process. Such has been the major problems facing kenyans since independence. The successful completion of the policy will set in motion a series of actions and activities that will have far reaching implications on land relations and land use in this country. The policies of kenya and tanzania had additional input of information. The nap was validated at a national workshop held in nairobi on 18 november 2015. Summit, kenya initiated the national environment action plan neap process. It further requires fundamental changes in the land sector and a well thought out process to ensure proper land use management.
The 6 years term for the current members of the commission expires on 19th february 2019. The national land commission nlc, which was established under article 671 of the constitution of kenya, 2010, to, amongst other things, manage public land on behalf of the national and county governments, sought a clarification on its functions and powers, on the one hand, and the functions and powers of the ministry of land, housing and. Evolution of land law in kenya the history of land law in kenya the development of land law in kenya and its policy has a long history. Kenya is the most recent african state to acknowledge customary tenure as producing lawful property rights, not merely rights of occupation and use on government or public lands. How will role of the national land commission affect every. The land question ignited the struggle for independence. The main aim of the commission was to come up with principles of a national land policy. The nap sets out kenya s national circumstances, focusing on current and future climate trends, and describes the countrys vulnerability to climate change. The mandate of the national land commission is drawn from the national land policy of 2009, consti. Causes, impacts, and resolutions takashi yamano 1 and klaus deininger 2 1 foundation for advanced studies on international development national graduate institute for policy studies 2 the world bank december 2005 abstract because of changes in some underlying factors, land is increasingly becoming a. Download the kenya gazette notice by clicking the link below vol. Vi population policy for national development executive summary this sessional paper on population policy for national development presents a policy framework whose goal is to attain high quality of life for the people of kenya by managing population growth to a. The following are the main obstacles that hinder the efficient management of land in rwanda, necessitating the establishment of a. Draft national land kenya property developers association.
Kenya national land policy kenya national land policy 2009 access original publishing page. The national land commission of kenya is an independent government commission whose. This promises land security for 6 to 10 million kenyans, most of who are members of pastoral or other poorer rural communities. In april 2007, a draft national land policy was adopted by stakeholders through a national symposium. It recommended the need for a national policy and law on the environment. A highlight of the report was the issue of land grabbing. The jamaica export free zone act will be amended to facilitate the. Striking the right balance between land tenure and environmental imperatives is critical for sustainable development. The commission can now create time and concentrate on their core mandate, which is to. Commission of inquiry into the land law system of kenya, the constitution of. Section 12 of the land act, 2012, requires the national land commissions nlc, as the overall custodian of public land, to set aside land for investment purposes, and to secure the economic interests of the local communities.
Land is classified as public, community or private under article 61 which further acknowledges that all land in kenya belongs to the people of kenya. Box 403700506 nairobi, delight apartments, kilimani diani road, off ole dume road, nairobi, kenya. Doc the evolution of land law in kenya valentine wakoko. Ministry of lands kenya property developers association. Wide ranging changes in the institutional, normative and policy frameworks. A national land policy must therefore embrace gender sensitive principles so that the same can be translated into legal and institutional reform. This national land policy will guide the country towards efficient, sustainable and equitable use of land for prosperity and posterity.
This national land policy document develops policy statements and strategic options that would give solutions to the major challenges that have been identified. Customary land tenure in the modern world rights to resources in. This analysis and recommendations stem from usaid kenya s request for an assessment of kenya s draft national land policy dnlp. However, there are conditional freeholds, which restrict the use of the l. It further noted that even in the nonasal areas, the livestock subsector constitutes an important source of family income and food security.
Once the land reforms have been fully implemented, it is expected that land administration system will abide by principles of equity, nondiscrimination, efficiency, productivity and sustainability among others. Articles 2377 and 242 of the constitution of uganda are very clear. This pdf version of the thesis differs a little from the official, inspected version that is. Kenya, tenure, community, land law, land reform, property rights, land. The policy seeks to set out long term goals for land use management in kenya after years in which land use was governed by various laws and policy frameworks. Given the goal of this policy is to facilitate secure access to land, and not necessarily to grant. Both the national land policy and the new constitution of kenya are widely. Kenya sessional paper on national land policy sessional paper no. Pdf scope of land management and its chance to implement. This national land use policy aims to implement, manage and carry out land use and tenure rights in the countrysystematically and successfully, including both urban and rural areas, in accordance with the objectives the policy andof shall be the guide for the development andenactment of a national land law.
A national land policy that will guide the country towards a sustainable and equitable use of land. These reforms are based on a national land policy nlp, adopted in 2009 after years. Kenya national land policy kenya national land policy. Land policy in kenya free college essays, term paper. The nap also elaborates institutional arrangements, including monitoring and evaluation processes. The information has been carefully selected and compiled from unhcrs global network of field. The need for a national land policy kenya now requires an elaborate land policy that would guide this country in the new millennium and beyond so as to dictate the manner in which the land is to be allocated, distributed, utilized and owned, and also provide a lasting solution to the long inherited land problems in the different parts of the. Pdf this paper highlighted the significant of useful and effective national land policy. Republic of kenya national concil for population and. The kenyan parliament enacted the land act, 2012 which aims to revise. Article 60 principles of land policy are spelt out and shall be implemented through a national land policy. What adjustments may need to be made to the land policy to ensure its successful implementation given the current operating context of the kenya government pre and post elections. The constitution states that every person has the right to be free from hunger, and to. Refworld contains a vast collection of reports relating to situations in countries of origin, policy documents and positions, and documents relating to international and national legal frameworks.
National land use policy is to achieve coordination, sustainability and optimal land utilization for socioeconomic development. Consequently, the establishment of a gisbased land registry at the ministry of lands will significantly streamline this process and help eliminate the existing. It is in response to this call that this land use policy has been developed, incorporating all activities that are likely to have an impact on the use of land and its resources. The national land commission nlc was legally constituted in 2012 as per the enactment of the national land commission act, 2012. Land use policy in kenya experiences from taita taveta district university of helsinki. National land policy and economic growth relationship was established. National land policy, provisions on land and environmental management under the constitution of kenya and new land laws namely the land act 2012, land registration act 2012 and national land commission act. Land commission had been touted as the body that will guide kenya s land reforms that will in turn spur economic growth. Kenya passed its first national land policy since independence in 2009. A comparative study to land policy in 9 countries in africa and asia.
In developing this subsector policy it was appreciated that over 80% of kenya s land mass is in the asals, and that livestock is the main activity in these areas. Land laws amendment bill, 2015 kenya land alliance. Doc land legislative regimes in kenya an analysis of the. National park means any area of land declared to be a national park by or under section 6. A study on the effect of kenyas land policies on the land rights of.
This is critical for the achievement of national and international human welfare thresholds such as the guarantees provided. National land use policy kenya property developers association. Vi population policy for national development executive summary this sessional paper on population policy for national development presents a policy framework whose goal is to attain high quality of life for the people of kenya by managing population growth to a level that can be sustained with the available resources. The national land policy and the constitution provide a critical basis for addressing the longstanding tensions around land tenure and use in kenya. Such a land policy will not only redress past inequities, but also consolidate the gains already made by women in many spheres of life in recent times. It is important to note that the national land use policy has its roots in the legislative and policy framework that guides the country today. The implementation of the policy statements and strategic options of this policy will be based on the major policies contained in rwanda. National land commission act 2012, the county governments act, 2012, the land registration act 2012, wildlife conservation and management act, 20, kenya maritime authority act cap 370, the national land policy, the national urban development policy, maritime policies and environmental conservation policies.
Kenya s constitution has provided the necessary legal backing to land ownership and utilization. The commission was under charles njonjo and was also supposed to 14 no 18 of 1990 15 hccc no 72 of 1994 16 cap 281 of the laws of kenya 17 cap 286 of the laws of kenya 18 cap 4 of the laws of kenya. Land adjudication has not been completed in most areas of the country. National land use policy kenya property developers. Kenya sessional paper on national land policy sessional. Kenya has not had a clearly defined or codified national land policy since independence. A revision of the manual for development which establishes guidelines for planning and. National land use policy is normally laid down with various objectives including land ownership and tenure security, equitable allocation, productivity for investment, sustainable environmental conservation, and enjoyment of natural beauty. The outcome of the workshop is this premier national land policy document, which was approved by government on 21st january 1999 for implementation. Usaid kenya asked for the assessment from two perspectives.
This is attested to by the many reports, long lists of policy papers and commissions set up by the various regimes i. For land policy, practitioners and academics, this is an invaluable opportunity to come together and debate the kenya land agenda. Principles of land policy kenya law reform commission. In kenya, land is a matter of life and death and a factor. The national land use policy the policy, also referred to as sessional paper no. The seventh cabinet meeting held on 25th june, 2009 approved the draft national land policy. Free legal aid should be provided for women without the means to pay for. This research addresses the concerns that the nlc should bear in. The policy seeks to address some of the fundamental problems associated with land management in the country. The policy will also help individuals and households to reach a better balance between caregiving and productive work responsibilities. Land free fulltext the community land act in kenya. This is in the context of a new national policy and supreme law the. Kenya national land policy kenya national land policy 2009.
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