For historical reasons, Kenya inherited a highly skewed system of land ownership at independence in 1963. British colonialism in Kenya was not merely administrative. Rather, it was accompanied by massive and widespread land alienation for the benefit of settler agriculture. As a result the best agricultural land-the White Highlands and the adjacent rangelands were taken from the Africans, without compensation, and parceled out to white settlers. Colonial legislation was enacted to legalize this process.

Institutional framework for land administration and management being a whole set of services that make the land tenure system within Kenya socially, ecologically and economically relevant and operational has generally failed to operationalise the general functional components of land administration i.e. juridical, regulatory, fiscal, cadastral and adjudicative, efficiently. This is because land administration structures and infrastructures are perceived as factors external to the land tenure system itself.

The Historical Injustices Issues Paper seeks to present the various historical land claims issues and perspective related to them and consequently proffer policy statements for their redress.

The purpose of this Issues Paper is to move the debate and stimulate discussion of issues relevant to women’s land rights and social security beyond the unfulfilled demands for gender responsive land policies and land legal framework. It is based on lessons learned from various research findings, Kenya Land Alliance experience and discussions with colleagues with whom we work with in various capacities on land policy and law reforms in Kenya and others parts of Africa.

The KLA proposed constitutional principles on land reform as captured in the constitutional draft have become more pronounced with the approach of General Elections and the transition that is expected to see the departure of President Moi from leadership. We therefore, detest the frantic efforts to go to the forthcoming elections before adopting the Ghai draft constitution, because that will be endangering the aroused expectation that at long last we are on the road to sorting out land problems we have lived with since independence.

The recently released report of the Presidential Commission of Inquiry into the Land Law System of Kenya has sparked varying reactions from Kenyans of all walks of life. While some complain that the Commission did not complete its task per all its terms of reference, the land gurus are thrilled by the fact that the report makes many far reaching recommendations on the principles of formulating a National Land Policy Framework and the Constitutional Framework for Land Administration and Management.

For a long time the issue of land and related problems has been debated mostly by academicians, politicians and professionals. Although the problem has remained more or less one of the most talked of in Kenya, the public has very often been left out of the debate. Again mostly the debate has been dominated more by complaining about either the lack of policy or the bad land policies and laws and the failure by successive governments to correct those problems.

The figures of public resources estimated to have been channeled into private pockets are so high one hopes, obviously against hope, that they would turn out to be typographical errors. The figures of public resources estimated to have been channeled into private pockets are so high one hopes, obviously against hope, that they would turn out to be typographical errors.

The World Social Forum in Nairobi in January 2007 was a timely New Year rallying event for Kenyans to revisit the fundamental principles for building a democratic and sustainable society as we prepare for December 2007 elections.The current organizing principles of the institutions that govern us in Kenya are narrow and serve the few at the expense of the many millions of Kenyans that live in abject poverty. Yet, from all corners of the country it is acknowledged that it is within our collective ability to create a healthy and sustainable society that serves and work for all

Although The National Land Policy Formulation Process is concentrated on addressing land issues, the reform agenda requires inter- alia that there are policy directions for establishing an equitable framework for economic growth and access to natural resources. The natural resources in question include water, forests, minerals, mineral oils, wildlife, marine resources, fisheries, pastures, and wetlands.

Through this Land Update, KLA appreciates that for the first time in the history of Kenya a comprehensive Draft National Land Policy has been formulated.We therefore urge all Kenyans and the general public to read, debate and contribute to the finalization of the National Land Policy. This is because the final National Land Policy will provide the basis for the review and harmonization of the existing laws and enacting of new ones to facilitate the achievement of the objectives set out in the overall national development policy framework, Kenya Vision 2030

The report of the Presidential Commission of Inquiry into the Illegal/Irregular Allocation of Public Land is finally out! Popularly known as the ‘Ndung’u’ Report, the publication of this three-volume document is important to the Kenya Land Alliance for two major reasons. Firstly, the appointment of the Coordinator of the Kenya Land Alliance to the Commission marked a threshold in the relations between KLA and the Government of Kenya.