Securing Land Rights through Community Leadership and Corporate Accountability Project Overview This project is a component of a wider international project titled ‘Fair Green and Global (FGG)’. The Kenyan component is supported by Action Aid Kenya. Under the project, ILEG is undertaking research on Kenya’s investment code with the overall aim of providing an analysis of the status of the social, economic and environmental impact of investments in land in Kenya; reviewing and making recommendations for appropriate legal and policy provisions for investments in Kenya. Activities: Developing a background paper on the history of investments in Kenya Mapping key stakeholders for the investment framework in Kenya Reviewing policy and legislation on governing investments in Kenya Undertaking case studies in selected
Strengthening County Governments’ Role on Land governance. Project Overview The Constitution of Kenya 2010 vests enormous powers and responsibilities on county governments in relation to land. Flowing from these powers and responsibilities, the county governments make important decisions concerning land and natural resources on which local communities depend almost exclusively for livelihoods. Against this backdrop, ILEG is implementing the project “Securing Land and Natural Assets for Local Communities by Building the Capacity of County Governments to Implement the Constitution and the New Land Laws”. The project seeks to secure the interest of local communities in land and investment decisions by working with and enhancing the capacity of county government officials on the new land laws and the constitutional provisions on
The Use of Powers of Eminent Domain in Kenya Concern about the exercise of police powers in general and eminent domain in particular in relation to the management of natural resources is not a recent phenomenon in Kenya. The country environmental management history is replete with radical decisions of compulsory acquisition of land to create protected areas as the main basis of conservation policy and practice to-date. These radical decisions of compulsory acquisition have engendered justifications on the basis of expected improvements in productivity and land-use planning in the interest of the public. While compulsory acquisition by its nature runs counter to the very foundations of the concept of property, especially in so far as freedom of use and full
Reforming the Institution of Community Trusts (Community Trusts as a Mechanism for CBNRM) The management of natural resources is critical to the economy of Kenya as it impacts on inter alia, food security, poverty alleviation and climate change. It is therefore essential that the best methods of natural resource management be adopted to guarantee sustainable development. It is in this light that ILEG sought to strengthen principles of CBNRM in the management of community trusts. Community participation in the management of natural resources is a concept that is rapidly gaining acceptance in Kenya and in the whole world. One of the commonly used instruments for Community Based Natural Resource Management (CBNRM) in Kenya is the Community Trust. ILEG took on
Securing Community Assets Phase II While undertaking previous work, it was noted that lack of access and/or control of land, insecure tenure to land,and inequitable access to other resources were fundamental causes of poverty and vulnerability in Kenya and East Africa generally. Moreover, the lack of ownership and access to land has been considered the most contributors to poverty. This has been witnessed in Yala and Malindi areas. The history of land administration in Kenya, with all its facets of lopsided land laws, political patronage and corruption among others has had serious implications for a number of local communities and individuals. The passage of the National Land Policy in 2009 and the new Constitution signified an important milestone in addressing the ever-potent land question in Kenya.