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Land and Governance, Women and Land Rights

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A Critical Analysis of the Report of the Presidential Commission of Inquiry into the Land Law System of Kenya: Sampled Reactions

The recently released report of the Presidential Commission of Inquiry into the Land Law System of Kenya has sparked varying reactions from Kenyans of all walks of life. While some complain that the Commission did not complete its task per all its terms of reference, the land gurus are thrilled by the fact that the report makes many far reaching recommendations on the principles of formulating a National Land Policy Framework and the Constitutional Framework for Land Administration and Management. While reminding everyone of the numerous steps involved in the development of a National Land Policy, Kenya Land Alliance (KLA) notes that the release of the ‘Njonjo Commission’ report marks the crucial second stage of the National Land policy development process which involves debating of the report.

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A Critical Look at the Environmental Management and Co-ordination Act (EMCA), 1999

As the Government of Kenya treads the path to economic recovery, every Kenyan should be at home with the fact that many forms of economic development activities damage the natural resources upon which the economies are based. Nationally and internationally, a major environmental and development challenge is how to maintain the equilibrium between population, ecosystems and development.

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Background to Human-Wildlife conflicts in Kenya

Wildlife is one of Kenya’s greatest natural resource and is the foundation upon which nature-based tourism is based. However, it is one resource that is in constant danger of extinction as burgeoning populations and animals fight for limited space In addition, poaching has greatly reduced wildlife populations in the absence of adequate policies to manage consumptive utilisation that would generate benefits for communities living with wildlife.

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Challenges Facing the Implementation of the Forest Act 2005

The Kenya Land Alliance (KLA) welcomes the new Forest Act 2005 for placing forest resources at the core of sustaining both the local and national economies. Indeed locally forests are a source of food, fodder, wood fuel, construction materials, spiritual and cultural nourishment and traditional medicines among others. The Act, beyond highlighting the environmental and ecological functions of the forest sector, affirmsthe importance of our forest cover as one of the country’s major national assets, and this underscores the need to entrench it.

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Chapter Eleven of The Kenya Draft Constitution Bill at Close Scrutiny

It is significant that for the first time land is specifically recognized as a constitutional category in the Draft Constitution Bill. This is important because it gives the issue of land the level of visibility that is always associated with constitutional matters, and unlike other ordinary legislation, a Constitution can only be amended by a special majority. The chapter that deals with land in the Draft Constitution Bill is Chapter Eleven under the title Land and Property.

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Civil Society Position on The Draft National Land Policy

The Civil Society commends the Ministry of Lands for spearheading the important process of developing the Draft National Policy, and affirms that land is central to the livelihoods of most Kenyans and as such its access, use, ownership, administration and distribution are of key national concern. Thus, having critically examined the Draft Policy we do hereby make our position on the way forward on the salient policy proposals of the Draft National Land Policy document.

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Community Land Tenure and the Management of Community Land in Kenya

A majority of the Kenyan population live in rural areas accessing land and natural resources through customary systems and institutions that operate largely outside the mainstream legal framework of land administration. Although there are clear provisions in the Constitution and the Trust Land Act on management of trust land there appears to be an unwritten policy on the part of government that sees community land as land that is not owned but rather is available for County Councils and government to appropriate through the setting apart procedure

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DFID Support To Kenya Land Reform Process

The consultancy required a Project Completion Report of DFID’s support to the Kenya Land Alliance (KLA) and advice to DFID on possible future activities that would support pro poor land reform in Kenya. This final report has been prepared following the comments on the draft report by the Hon Kimunya, Minister of Lands and Settlement, and senior managers in the Ministry, the responsible DFID-Kenya officials and KLA’s Co-ordinator.

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Gender Aspects of Land Reform Constitutional Principles

Throughout this pocket size booklet, Land Reform Volume 4, KLA proposes that collectively as a nation, and especially during this time of the constitutional review process. The principles outlined be embraced with the purpose of providing women a deliberate opportunity to engage in decision-making as regards land-use,management and ownership.

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Institutional Framework for Land Administration and Management in Kenya

Institutional framework for land administration and management being a whole set of services that make the land tenure system within Kenya socially, ecologically and economically relevant and operational has generally failed to operationalise the general functional components of land administration i.e. juridical, regulatory, fiscal, cadastral and adjudicative, efficiently. This is because land administration structures and infrastructures are perceived as factors external to the land tenure system itself.

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Irregular and illegal Land Acquisition by Kenya’s Elites: Trends, Processes, and Impacts of Kenya’s Land-Grabbing Phenomenon

The International Land Coalition (ILC) has commissioned this present report to analyze the illegal/irregular acquisition of land by Kenya’s elites to ascertain the types of land affected, the processes used to acquire land, and the profiles of the perpetrators, as well as to identify the victims and the impacts of land grabbing. The report is drawn largely from the Kenya Land Alliance (KLA)’s series “Unjust Enrichment: The Making of Land Grabbing Millionaires”,

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Kenya Finally Starts the Process of Developing a National Land Policy

The Government of Kenya through the Ministry of Lands and Housing (MOLH) has finally embarked on the process of developing a National Land Policy (NLP) that is envisaged to be in place by June 2005. It has been a tortuous journey for many in the civil society and other stakeholders. The NLP will come, as a gratifying culmination of a battle well fought and the win will hopefully be savoured for a very long time to come. The Minister of Lands and Housing, Hon. Amos Kimunya launched the NLP policy formulation process during a two-day stakeholders’ workshop that was held at the School of Monetary Studies in Nairobi. The meeting held on 10th and 11th February 2004, drew participants from different departments in the MOLH and the civil society, private sector, academic and professional bodies. Other participants included representatives from UNEP, DFID, JICA, Oxfam GB and UN Habitat

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Kenya Land Issuance Disaggregated Data Analysis

This booklet reveals that women only got 103,043 titles representing 10.3 percent, while men got 865,095 titles representing 86.5 percent of the total. The glaring disparity is made clear when looked at against the actual land sizes and titled for women against men. The data sample shows that out of 10,129,704 hectares of land titled between 2013 and 2017 women got 163,253 hectares representing a paltry 1.62 while men got 9,903,304 hectares representing 97.76 percent.

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KENYA LAND POLICY: ANALYSIS AND RECOMMENDATIONS

This analysis and recommendations stem from USAID/Kenya’s request for an assessment of Kenya’s draft National Land Policy (dNLP).4 It was conducted under the global task order: Property Rights and Resource Governance Program, a mechanism designed and supervised by USAID-EGAT’s Land Resources Management Team under the Office of Natural Resources Management.

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Land & Property Rights

The women Land Rights Project is a project of Kenya Land Alliance that aims at actualisation Women land and property rights, as provided in the Constitution of Kenya, 2013 and as a means towards poverty alleviation. This considering the fact that, in Kenya where the foundation of most communities is Agriculture and livestock production, women contribute up to 80% of workforce yet they only hold 1% of registered land in their names and around 5-6% of registered titles are held in joint names (Kenya Land Alliance, 2013).

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Land Mali Umma

For a long time the issue of land and related problems has been debated mostly by academicians, politicians and professionals. Although the problem has remained more or less one of the most talked of in Kenya, the public has very often been left out of the debate. Again mostly the debate has been dominated more by complaining about either the lack of policy or the bad land policies and laws and the failure by successive governments to correct those problems. It is not very common that you find people coming up with concrete suggestions on what needs to be put into place to replace existing laws and or policies

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Land Use in Kenya The case for a national land use policy

This book exposes the key land use and environmental problems facing Kenya today due to lack of an appropriate national land use policy. The publication details how the air is increasingly being polluted, the water systems are diminishing in quantity and deteriorating in quality. The desertification process threatens the land and its cover. The soils are being eroded leading to siltation of the ocean and lakes. The forests are being depleted with impunity thus destroying the water catchments. The savannas and grasslands are undergoing de-vegetation through overgrazing, charcoal burning and other poor land use practices leading to desertification.

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LAND USE IN KENYA-THE CASE FOR A NATIONAL AND USE POLICY

This book exposes the key land use and environmental problems facing Kenya today due to lack of an appropriate national land use policy. The publication details how the air is increasingly being polluted, the water systems are diminishing in quantity and deteriorating in quality. The desertification process threatens the land and its cover

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Land, Environment and Natural Resources Submission to the Constitution of Kenya Review Commission From Kenya Land Alliance

The Kenya Land Alliance (KLA) is a focal point for information sharing and networking among those pressing for land reform in Kenya. It was formed in 1999 by members of civil society to propose reforms both to the Commission on the Review of Land Laws, appointed by the President, and the Constitution of Kenya Review Commission, appointed by Parliament. Over the last two years, the KLA has coordinated a programme of research on land issues in Kenya by member organisations

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National Conference on Emerging Land Issues in Kenyan Agriculture and their Implications for Food Policy and Institutional Reforms

For a long time sub-Saharan Africa has been considered to have abundant and underutilized land than any other continent. On the contrary, recent studies show that many rural Africans live in increasingly densely populated areas where all arable land is allocated or under cultivation. This has led to a long-term decline in farm size and reduced fallows.

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Gender Aspects of Land Reform Constitutional Principles

Throughout this pocket size booklet, Land Reform Volume 4, KLA proposes that collectively as a nation, and especially during this time of the constitutional review process. The principles outlined be embraced with the purpose of providing women a deliberate opportunity to engage in decision-making as regards land-use,management and ownership.

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Kenya Land Issuance Disaggregated Data Analysis

This booklet reveals that women only got 103,043 titles representing 10.3 percent, while men got 865,095 titles representing 86.5 percent of the total. The glaring disparity is made clear when looked at against the actual land sizes and titled for women against men. The data sample shows that out of 10,129,704 hectares of land titled between 2013 and 2017 women got 163,253 hectares representing a paltry 1.62 while men got 9,903,304 hectares representing 97.76 percent.

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Land & Property Rights

The women Land Rights Project is a project of Kenya Land Alliance that aims at actualisation Women land and property rights, as provided in the Constitution of Kenya, 2013 and as a means towards poverty alleviation. This considering the fact that, in Kenya where the foundation of most communities is Agriculture and livestock production, women contribute up to 80% of workforce yet they only hold 1% of registered land in their names and around 5-6% of registered titles are held in joint names (Kenya Land Alliance, 2013).

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Strengthening Women’s Voices in the Context of Agriclutural Investments: Lessons From Kenya

This report, which focuses on Kenya, constitutes one of four country-wide assessments produced under the overall project. It draws on a literature review conducted by the Kenya Land Alliance (KLA) with additional inputs from IIED, as well as on primary field research conducted by KLA in April 2016 (see Section 1.2 for further information about the research methodology). The primary aim of this report is to inform practitioners, policy makers and researchers about key governance issues relevant to the strengthening of women’s empowerment in community land stewardship and accountability in agricultural investments in Kenya.

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The National Land Policy in Kenya Critical Gender Issues and Policy Statements

The purpose of this Issues Paper is to move the debate and stimulate discussion of issues relevant to women’s land rights and social security beyond the unfulfilled demands for gender responsive land policies and land legal framework. It is based on lessons learned from various research findings, Kenya Land Alliance experience and discussions with colleagues with whom we work with in various capacities on land policy and law reforms in Kenya and others parts of Africa.

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THE RURAL WOMEN’S LAND RIGHTS CHARTER: TOWARDS ACHIEVING WOMEN’S LAND RIGHTS

The Rural Women’s Land Rights Charter of Kenya is a bold expression of the concerns/ issues and their aspirations of women living in rural areas on land matters. At the core of these aspirations is the  realization of secure and protected women’s land rights and security for their land-based livelihoods. Women from rural areas in 24 counties in Kenya highlighted their issues and expressed the kind of change they would like to see on matters land through the Rural Women’s Land Rights Charter. Rural women in a breakfast launch in Nairobi proclaimed this charter on October 13th 2016. During this launch, the Cabinet Secretary in charge of the Ministry of Lands and Physical Planning and the Chair person of the National Land Commission committed their institutions to fully implement the demands. The Rural Women’s Land Rights Charter of Kenya is a bold expression of the concerns/ issues and their aspirations of women living in rural areas on land matters. At the core of these aspirations is the realization of secure and protected women’s land rights and security for their land-based livelihoods. Women from rural areas in 24 counties in Kenya highlighted their issues and expressed the kind of change they would like to see on matters land through the Rural Women’s Land Rights Charter. Rural women in a breakfast launch in Nairobi proclaimed this charter on October 13th 2016. During this launch, the Cabinet Secretary in charge of the Ministry of Lands and Physical Planning and the

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    INTERNATIONAL DAY OF RURAL WOMEN 15TH OCTOBER 2018 PROGRESS IN ADDRESSING WOMEN LAND RIGHTS – RETRACING THE JOURNEY

    THEME: “Sustainable infrastructure, services and social protection for gender
    equality and the empowerment of rural women and girls”

    Time is now to transform rural women’s lives. Rural women make up the majority of Kenya’s agricultural labour force. They ensure food security for their communities and build climate resilience in this time of the challenges of climate change. But their crucial role they play in ensuring the sustainability of rural households and communities, improving rural livelihoods and overall wellbeing, forces us to ask the basic questions flagged by Professor Henry Bernstein in his book on Class Dynamics of Agrarian change, 2010 of: who owns what?, who does what?, who get what?, and what do they do with? As we commemorate 10 years since the first International Day of Rural Women was established on 15th October 2008. We need to ask these right questions in recognition of the substantial proportion of the women’s agricultural labour force, including informal work, and performance of the bulk of unpaid care and domestic work within families and households in rural areas. Women make significant contributions to agricultural production, food security and nutrition, land and natural resource management, yet structural barriers and discriminatory social norms continue to constrain women’s decision-making power and
    political participation in rural households and communities. This year marks the second anniversary of the Women to Kilimanjaro Initiative. This initiative culminated in the launch of the Rural Women’s Land Rights charter for Kenya and the Africa wide charter on rural women land rights. It is therefore an appropriate moment to take stock of the progress made so far and what lies ahead.

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    Land Sector Non State Actors-(LSNASA) Press-Petition

    The Land Sector Non State Actors (LSNSA) is a network of civil society organizations working together to promote secure and equitable access to land and natural resource for all through advocacy, dialogue and capacity building. We petition parliament on issues we hold to be of fundamental importance in the context and content of the two bills before the National Assembly.

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    Land-Laws-Amendment-Bill-2015

    The first set of the land laws were enacted in 2012 in line with the timelines outlined in the Constitution of Kenya 2010. In keeping with the spirit of the constitution, the Land Act, Land Registration Act and the national Land Commission Act respond to the requirements of Articles 60, 61, 62, 67 & 68 of the Constitution.