A position paper on engendered and rights-based land reforms in Kenya

  • 43 Pages
  • 4.83 MB
  • English
Kenya Human Rights Commission , Nairobi, Kenya
The Physical Object
Pagination43 p. ;
ID Numbers
Open LibraryOL25394244M
LC Control Number2012311468

It is on this basis that the Kenya Human Rights Commission (KHRC) is presenting this Position Paper on Engendered and Rights-Based Land Reforms in Kenya.” This paper applies the rights-based and gender justice frameworks to analyze the different governance frameworks from land rights and reform.

Get this from a library. A position paper on engendered and rights-based land reforms in Kenya. [Davis Malombe]. The Politics of Land Reform in Kenya - Volume 57 Issue 1 - Ambreena Manji. Learning from Experiences in South Africa and Brazil to Advance Women’s Right to Land.” Paper presented at the African Women’s Land Rights Conference, Nairobi, May World Bank.

Cited by: Ambreena Manji 1. The great legal scholar Patrick McAuslan described the s as inaugurating a new era of land law reform (McAuslan ). Land law reform has taken place on a significant scale since a total of thirty-two new national lands laws have been enacted since in nearly 60 per cent of African states (Alden Wily ).

The need for land reforms in Kenya arose from a long history of inefficient and ineffective land administration and governance system. Over the years, Kenya’s land sector has faced various immense powers in the land sector.

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The privilege position of the state in land management and. This paper is essentially a summary of the issues raised in the booklet – “Land Reforms in Kenya: The Institution of Surveyors of Kenya Perspective”, which is the result of extensive consultation and deliberations by a committee of ISK Council on broad land reforms in Kenya.

The “Kenya National Dialogue and Reconciliation” process identified land reform as key to long-term peace and reconciliation, and the proposed “Truth, Justice and Reconciliation Commission” was mandated to examine historical land injustices, and the illegal or irregular acquisition of land, especially as these relate to conflict or violence.

The paper covers how Land Law in Kenya has developed ab a few cases and legal instruments. in Kenya Catherine Boone Abstract: This paper argues that even with the incorporation of land policy provi-sions into Kenya’s new constitution, there is every reason to believe that in the near future, highly politicized land conflict will continue.

This is because land politics in Kenya is a redistributive game that creates winners and losers. ACHPR Briefing Paper on Kenya Popular. Published on 12 April In Practical Information.

downloads. Download (pdf, KB) Kenya ratified the African Charter on Human and People’s Rights on Janu Kenya has domesticated most of the provisions of the Charter through various pieces of national legislation. After a long and arduous struggle for comprehensive constitutional reform, Kenya now has a new Constitution which was promulgated on the 27th August, The Constitution of Kenya contains important gains for gender equality and equity and generally for the protection of human rights of all women and men in Kenya.

A number of constitutional. Last August she wrote an LSE International Development Working Paper, “Community Land” in Kenya: Policy Making, Social Mobilization, and Struggle over Legal Entitlement, which studied decision-making processes and the politics surrounding the design of new legislation around “community land”.

Analysis - Land is a "key fault line"1 in Kenya. Throughout East Africa, land reform has failed to confront the material consequences of unequal access. Since the s, law reform has been the. The proposed draft Environment and Land Court Bill has been approved by the Cabinet and awaits discussion in Parliament.

The object of this proposed Bill is listed as to make further provision with respect to the operation of the Court as a court of exclusive judicial authority to, among other things, hear and determine disputes relating to the environment and the use and occupation of, and.

Kenya National Human Rights Commission () “Engendered and rights based land reforms in Kenya,” a position paper under the auspices of Kenya National Human Rights Commission, on November According to a Position Paper on Engendered and Rights Based Land Reforms in Kenya (), Land based resources have been poorly governed especially in Africa, occasionally leading to unprecedented conflicts, violations and afflictions in the society.

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Due to this, a quest for equitable and secure land rights reforms makes a major area of. an intermediate position. Among African countries, Madagascar and Kenya have the most distorted land distribution pattern.

For Kenya this is expressed in a gini-coefficient of (). Also, almost 32 percent of all rural households are estimated as having holdings of less than ha. The consequences of a legalistic approach to land reform are starkly evident in Kenya’s new land laws.

First and foremost, it foreclosed debates about redistribution, prioritising land law reform as the most effective way to address land problems and so evading more difficult questions about who controls access to land and how a more just distribution might be achieved.

Kenya has been a valuable U.S. ally since independence, providing the United States with access to its military facilities and political support in the United Nations.

Washington once considered Kenya a model developing country with shared democratic values in a continent where civil wars raged and military and authoritarian governments reigned. ADVOCATING FOR LAND POLICY REFORMS IN KENYA UGANDA AND TANZANIA: NGO LESSONS AND PROSPECTS Paper prepared for the Second Workshop of the Pan -African Programme on Land and Resource Rights, to be held in Lagos, Nigeria 15 July By Michael Ochieng Odhiambo Contact Address Michael Ochieng Odhiambo Executive Director.

factors influencing land reforms and gender based violence in kenya in kikuyu sub-county, kiambu research work has been submitted in partial fulfillment of the requirement for the award of the bachelors oflaw brief guide to proposal writing award.

Agricultural Policy in Kenya: Issues and Processes A paper for the Future Agricultures Consortium workshop, Institute of Development Studies, March by Patrick O. Alila and Rosemary Atieno Institute for Development Studies University of Nairobi P.O.

BoxNairobi, Kenya Email: @ Final version, July ’, which represents a solid strategic framework to transform Kenya into a newly industrializing, middle-income country by 4.

The Bank’s Country Strategy Paper (CSP) for Kenya supports the country’s ambitions and addresses its main developmental challenges by promoting job creation as the overarching objective. Kenya's land reforms are on course and new land laws, the Environment and Land Court Ac, the National Land Commission Act, the Land Act and the Land Registration Act, have been enacted.

Full implementation of he laws however will require the development of regulations, rules, procedures to guide implementation.

There are expected to be some teething transition and implementation challenges. – This paper was written after the drafting of the National Land Policy was completed. The purpose of the paper is to give suggestions on the implementation of the policy.

The National Land Policy reform process began in and is made up of several thematic areas. Under each category, identification of the major constraints is outlined in the paper together with possible gaps in the. This article provides a critique of the final stages of Kenya’s land law reform process, which has resulted in the approval of the Land Act, Land Registration Act, and National Land.

Land Reforms and Politics in Kenya, by JOHN W. HARBESON* LAND has had great prominence in Kenya politics throughout the country's colonial and post-colonial history. The purpose of this article is to advance a preliminary political analysis of the impact of two major land reforms undertaken in Kenya within the last 15 years.

One of. The clamour for land reforms, the National Land Policy and the Constitution. This led to a clamour for land reforms which eventually yielded the Kenya National Land Policy (NLP) adopted inand a comprehensive treatment of land in the Constitution of Kenya promulgated in August Kenya has a land size ofSquare Kilometers, % comprising of land and % water surfaces.

20% of the land area is classified as medium to high potential land and 80% as Arid and Semi-Arid Lands (ASAL). Land has a central position in Kenya’s social, economic and political history. 13 Kenya land alliance and Kenya human rights commission, ‘Policy brief’ ‘Righting the wrongs: Historical injustices and land reforms in Kenya’, p.

1 14 Herbert Wamalwa, ‘Governing Land In Kenya: The Problem Just 16 Kenya land alliance (n13). 17 Wiliam Kalande, ‘Kalande paper, ‘Kenyan Land Disputes in the Context of Social.

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The history of rights over land in Kenya can be traced back to the pre-colonial era. In pre-colonial Kenya, the land was owned by the community at large. Rights over land were granted to all members of the community. It is further regarded as final authority on the correct position regarding any registered.

A new constitution passed by national referendum last month has provisions to alleviate Kenya's perennial problem of land reform.

But neither impoverished Kenyans like Muthoni nor the elite of the club trust the country's leaders with implementing the new law fairly. Indeed, land is one of the most contentious issues in Kenya.Land disputes result in population displacement, loss of assets, property, lives and humanitarian crisis.

In the most part, state power in Kenya has always been used to confer and distribute land rights in Government smallholder resettlement schemes of the s, and public land including forest, road and ocean-beach reserves.