Steps towards enhancing land tenure security : the Kenya case gains and challenges

Mwathane, Ibrahim

This paper discusses the implementation of Kenyaas land reforms based on the national land policy and the new constitution which contains a comprehensive chapter on land and environment. The paper mentions how some issues in the constitution like gender rights, categorization of land, land holding by non-citizens, taxation, repossession of land and limited land sizes undermined the referendum vote. The paper provides highlights of the progress made in the implementation process, including the enactment of some new land laws, capacity building, civic education, the establishment of a national land commission and new environment and land courts and progress in preparing a land use policy and developing a land information management system. Challenges to implementation, including resistance to change, limited political goodwill and budget, capacity constraints, lack of an implementation plan and a monitoring and evaluation mechanism, are discussed. The paper further discusses the politics of implementation, highlighting various actor interests. Opportunities opened in national development, possible partnerships and convergence with regional and global initiatives and lessons learnt are highlighted. The paper makes conclusion that if there is continuous vigilance to ensure that current challenges are addressed, then reforms in Kenya will help promote social-economic development and reduce poverty.

Event: Annual World Bank Conference on Land and Poverty 2013

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