Redress for Historical Land Injustices in Kenya. A Brief on Proposed Legislation for Historical Land Injustices | Land Portal

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March 2016
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Land has been and remains a politically sensitive and culturally complex issue for Kenya. Kenya’s history with regard to the land question is characterized by indications of a breakdown in land administration, disparities in land ownership, tenure insecurity and conflict. It was therefore against this backdrop that land reform was identified as an essential component of Kenya’s National Dialogue and Reconciliation (KNDR) process and in particular, agenda item 4 on addressing long standing issues. Under Agenda 4, the following processes have been undertaken and proved essential towards resolving Kenya’s historical land injustices: i. The establishment of the Truth, Justice and Reconciliation Commission (TJRC) which among other things investigated historical land injustices. It concluded with a report that contains a comprehensive chapter on Land and Conflict in Kenya. ii. The adoption of the National Land Policy as Sessional Paper No. 3 of 2009. iii. The promulgation of the Constitution of Kenya in 2010; which has re-conceptualized our approach to land use and management on the basis of equity, efficiency, productivity and sustainability. iv. The review and harmonization of Kenya’s land statutory regime through the enactment of the Land Act (2012), Land Registration Act (2012), and the National Land Commission Act (2012). Legislation on Community Land is also contemplated within the Constitution but is yet to be enacted. v. The establishment of the National Land Commission (NLC); as the manager of public land, articulator of the National Land Policy and investigator of historical land injustices among other responsibilities.

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