Women face many problems with regard to land inheritance and land rights in Kenya. Individual and community land ownership do not favour women. The reason for this is that ownership of land is patrilineal, which means that fathers share land amongst sons, while excluding daughters. This practice is traditionally widespread and partly accepted although it goes against the interest of women and is prohibited by the constitution.

While women’s rights to land and property are protected under the Kenyan Constitution of 2010 and in various national statutes, in practice, women remain disadvantaged and discriminated. The main source of restriction is customary laws and practices, which continue to prohibit women from owning or inheriting land and other forms of property.

The need for affirmative action and the mainstreaming of the commons community plus a comprehensive strategy to secure indigenous and community land has become a major global concern of the 21st century. To achieve this will require out of the box reform mechanisms and the participation of the communities concerned, such that the reforms recognize and embrace indigenous systems and structures that offer avenues to secure collective rights, land use and management of commons resources; namely pastures, water and forests among others.

Northern Uganda is currently recovering from a 20-year long civil war that left the area in ruins. One of the groups, the Lord’s Resistance Army, orchestrated brutal mass murders and abductions forcing nearly two million people to live internally displaced people’s (IDP) camps for over 10 years. The war particularly affected the people of Acholi and Lango sub-regions which had previously suffered sporadic attacks by armed Karamajong cattle rustlers from north eastern Uganda.

The need to establish the link between land tenure and food security is increasingly gaining currency as governments and development organizations refocus their effort towards assisting farmers to move away from subsistence farming to commercial agriculture. It is argued that given how land plays a crucial role in the livelihoods of most Africans, food security and poverty reduction cannot be achieved unless issues of access to land, security of tenure and the capacity to use land productively and in a sustainable manner are addressed.

Includes tenure risk, conflict, and the path to prosperity, 2016 in depth: fear, violence and defence, communities face ever increasing criminalization and violence for practicing their traditional livelihoods and protecting their lands. Breakthroughs to scale: indigenous peoples and communities make major gains in protecting their land rights. Development finance institutions emerge as potential leaders on community land rights. Companies are slow to implement commitments and change business models.

With the start of a commodity boom cycle in the early 2000s, many resource-rich countries reaped benefits as prices for commodities increased over the ensuing decade. Many of these countries see mining as a central element of modernising their economies, and actively promote investment in the mining and extractives sector. Indeed,between 2000 and 2012, investment spending by global oil, gas, and mining companies increased five-fold, especially in Latin American and sub-Saharan Africa.

This LEGEND bulletin takes stock of some of the recent experience in legal empowerment. The result is a kaleidoscope of approaches operating at different levels, but pursuing broadly converging agendas.

A law can be a powerful tool for poverty alleviation and rural development.
In most developing countries, a majority of the population lives in rural
areas. Most rural residents—and especially the poorest people—depend
on the land for their livelihoods and long-term social security. Laws that
give people access and secure rights to land and encourage investment in
the land can establish a foundation on which rural families can grow their
incomes and assets. Good land laws can help create an environment that

A law can be a powerful tool for poverty alleviation and rural development.
In most developing countries, a majority of the population lives in rural
areas. Most rural residents—and especially the poorest people—depend
on the land for their livelihoods and long-term social security. Laws that
give people access and secure rights to land and encourage investment in
the land can establish a foundation on which rural families can grow their
incomes and assets. Good land laws can help create an environment that

A law can be a powerful tool for poverty alleviation and rural development.
In most developing countries, a majority of the population lives in rural
areas. Most rural residents—and especially the poorest people—depend
on the land for their livelihoods and long-term social security. Laws that
give people access and secure rights to land and encourage investment in
the land can establish a foundation on which rural families can grow their
incomes and assets. Good land laws can help create an environment that

The ways in which people obtain land in Uganda are changing fast. Land that used to be secured through inheritance, gifts or proof of long-term occupancy is now more commonly changing hands in the market. Those with wealth and powerful connections are frequently able to override local rules and gain access to land at the expense of poorer individuals. Government-backed agribusiness investors receive large areas of land with benefits for some local farmers who are able to participate in the schemes, while other smallholders see their land access and livelihoods degraded.