The role of private sector in land adjudication in Kenya : a suggested approach

Nyadimo, Eric

Land Adjudication has been defined as the process through which existing rights in a particular parcel of land are finally and authoritatively ascertained. In Kenya this process has been critical in the conversion of land held under customary tenure into individual holdings. While the program has resulted in the registration of millions of land parcels, its potential has not been fully exploited. Large areas of the country remain un-adjudicated due to incomplete land registers, pending adjudication appeals or absence of the land adjudication exercise altogether. In this regard the land adjudication program that was initially planned to take 10 years is yet to be completed 50 years later. This has led to indifference by the intended beneficiaries. In addition, failure to complete the land adjudication program constrains the land administration system owing to the large number of unregistered land transactions resulting into tenure insecurity. It is notable that the land adjudication process has been largely handled by the government. This paper argues that in a changing world where governments are increasingly off loading functions to the private sector, a possibility to institute public private partnerships in land adjudication exists. This paper looks at the land adjudication process in Kenya identifying areas where the private sector can play a role. It explores how the private sector could be empowered thus ensuring a smoother and efficient land adjudication process that would lead to a faster land service delivery.

Event: XXIII International FIG Congress : Shaping the change

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