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The Community Land Act in Kenya Opportunities and Challenges for Communities

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  • Liz Alden Wily

    (Van Vollenhoven Institute, Leiden Law School, Box 9520, 2300 RA Leiden, The Netherlands)

Abstract

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. This paper researches this new legal environment. This promises land security for 6 to 10 million Kenyans, most of who are members of pastoral or other poorer rural communities. Analysis is prefaced with substantial background on legal trends continentally, but the focus is on Kenya’s Community Land Act, 2016, as the framework through which customary holdings are to be identified and registered. A main conclusion is that while Kenya’s law is positive and even cutting-edge in respects, legal loopholes place communities at risk of their lands not being as secure as promised ahead of formalization, and at risk of losing some of their most valuable lands during the formalization process. This is mainly due to overlapping claims by the national and local government authorities. Political will to apply the law is also weak. The truism that the law is never enough on its own to secure social change is illustrated. With or without legal protection, the assistance of non-state actors will be needed to help communities secure their lands under formal collective entitlements. The need for judicial interpretation of disputed legal provisions may also be required to ensure new constitutional principles are delivered.

Suggested Citation

  • Liz Alden Wily, 2018. "The Community Land Act in Kenya Opportunities and Challenges for Communities," Land, MDPI, vol. 7(1), pages 1-25, January.
    • Handle: RePEc:gam:jlands:v:7:y:2018:i:1:p:12-:d:127732
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    References listed on IDEAS

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    Cited by:

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    7. Helene Gichenje & José Muñoz-Rojas & Teresa Pinto-Correia, 2019. "Opportunities and Limitations for Achieving Land Degradation-Neutrality through the Current Land-Use Policy Framework in Kenya," Land, MDPI, vol. 8(8), pages 1-23, July.
    8. Alden Wily, Liz, 2018. "Risks to the sanctity of community lands in Kenya. A critical assessment of new legislation with reference to forestlands," Land Use Policy, Elsevier, vol. 75(C), pages 661-672.
    9. Chipofya, Malumbo & Karamesouti, Mina & Schultz, Carl & Schwering, Angela, 2020. "Local Domain Models for Land Tenure Documentation and their Interpretation into the LADM," Land Use Policy, Elsevier, vol. 99(C).
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    11. Senda, Trinity S. & Robinson, Lance W. & Gachene, Charles K.K. & Kironchi, Geoffrey, 2022. "Formalization of communal land tenure and expectations for pastoralist livelihoods," Land Use Policy, Elsevier, vol. 114(C).
    12. Asiama, Kwabena Obeng & Voss, Winrich & Bennett, Rohan & Rubanje, Innocent, 2021. "Land consolidation activities in Sub-Saharan Africa towards the agenda 2030: A tale of three countries," Land Use Policy, Elsevier, vol. 101(C).
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