Essay Land Policy in Kenya

4543 Words Feb 8th, 2013 19 Pages
POLICY AND PEACEBUILDING
FINAL PAPER

University of Notre Dame

THE LAND QUESTION AND DISPLACMENT IN KENYA:
SUPPORT FOR EFFECTIVE IMPLEMENTATION OF THE NATIONAL LAND POLICY

By William Kiptoo

EXECUTIVE SUMMARY
In 2010 Kenya enacted the National Land Policy following the promulgation of the new through the referendum. This was achieved through many years of consultation between the government and stakeholders of the land sector, mainly civil society organizations. The need for land reform was also identified by the Kenya National Dialogue and Reconciliation as key to long-term peace and reconciliation. The policy aims to address Kenya’s land tenure problems that have caused political violence during elections and mass
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Most significantly, it recognizes and protects customary rights to land. It also recognizes and protects private land rights and provides for derivative rights from all categories of land rights holding
Activities already achieved include legislation to facilitate implementation and allocation of a budget to the Ministry of Lands (MoL) responsible for its implementation, albeit inadequate. Some likely challenges of implementing NLP include: (1) Sustained political goodwill: Complicit political leaders can present subtle barriers to implementation since the some members of the political class were involved in the irregular allocation of land. (2) Funding: 9.6 billion Kenya Shillings will be required over the first six years to implement the Land reform. This is a substantial investment given the weak economy and government’s expenditure. (3) Institutional Transformation: Transiting from the current institutional set-up to the proposed National Land Commission (NLC) where the Ministry of Lands (MoL). (4) Technical Capacity: High level technical capacity will be required to review, harmonize and enact new land legislation including legal experts and development and maintenance of the proposed modern land information management system.

Specific Recommendations
To effectively achieve full implementation of the NLP the government should consider the following

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