Can formalization of land rights benefit the poor? : the case of Kenya

Oluoch-Kosura, Willis

The multiple functions of land, such as being the basic factor of production, source of collateral for credit, social capital, rental income, cultural and religious identiy have fueled interest in formalization of land rights through tenure conversion from communal to individual tenure to improve the quality of life of the rural poor. Secure land rights often give incentives and authority to make investment decisions for sustainable management of the resource. The landless poor stand locked out from the opportunities provided by these multiple functions of land. The systematic conversion involves a protracted process of adjudication, registration and titling of land parcels meant to commoditize the land and to secure the individual land rights. However, while some empirical studies have found no systematic direct link between tenure conversion to increased investment and land productivity (e.g Migot-Adhola et al, 1994 and Oluoch-Kosura, W.O, 1994; Anne-Sphie et al, 2002), others like Kieya, J. and Nyaga (2009) found positive linkage between secure land rights and increased land productivity and poverty reduction in Kenya! It therefore appears systematic land tenure conversion culminating in titling may not necessarily benefit the poor. The relative benefits from such tenure conversion programs vary from context to context, with some benefits carrying risks for disadvantaged groups such as women and the youth due to elite capture by some powerful group categories.This paper analyses the dynamics of the land tenure conversion, using Kenya‟s case. Some of the perceived benefits have remained elusive. The characterization of the typologies of contexts are analyzed to demonstrates the conditions for benefitting the poor and aserts that the one shoe fits alll approach for tenure conversion programs is no guarantee for achieving the full potential benefits for the rural poor.

Event: Annual World Bank Conference on Land and Poverty 2013

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