Article 67(2) (e) of the Constitution of Kenya mandates the Commission to initiate investigation on its own initiative or on a complaint into historical land injustices and recommend appropriate redress. To give effect to this Constitutional requirement, section 15 of the National Land Commission Act as amended by Section 38 of the Land Laws amendment Act 2016, provides the legal framework for redressing Historical Land Injustices.
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Library ResourceLegislation & PoliciesDecember, 2016Kenya
Library ResourceJournal Articles & BooksSeptember, 2014Kenya
The first set of the land laws were enacted in 2012 in line with the timelines outlined in the Constitution of Kenya 2010. In keeping with the spirit of the constitution, the Land Act, Land Registration Act and the national Land Commission Act respond to the requirements of Articles 60, 61, 62, 67 & 68 of the Constitution. The National Land Policy, which was passed as Sessional Paper No. 3 of 2009, arrived earlier than the Constitution, with some radical proposals on the land Management.
Library ResourceLegislation & PoliciesLegislationNational PoliciesMarch, 2015Kenya
The Land Act, 2012
The Land Registration Act, 2012
The National Land Commission Act, 2012
The Environment & Land Court Act, 2011
The Urban Areas & Cities Act, 2011
Library ResourcePeer-reviewed publicationSeptember, 2012Kenya
Across the world, areas with high or important biodiversity are often located within Indigenous peoples’ and local communities’ conserved territories and areas (ICCAs). Traditional and contemporary systems of stewardship embedded within cultural practices enable the conservation, restoration and connectivity of ecosystems, habitats, and specific species in accordance with indigenous and local worldviews. In spite of the benefits ICCAs have for maintaining the integrity of ecosystems, cultures and human wellbeing, they are under increasing threat.
Library ResourceReports & ResearchMarch, 2012Tanzania
This is a report on TALA-Media joint mission in response to recently reported killings of 5 agro pastoralists and farmers in Maguba area Malinyi Division in Ulanga District. These people were allegedly reported to be killed by gun shots by the Tanzania Peoples Defense Forces on Saturday 17th March, 2012.
Library ResourceReports & ResearchMarch, 2013Tanzania
According to the research and follow ups made by Pingo’s Forum and LHRC indicated that, most victims were not trespassers to the land as contented by the Government. The pastoralists including Sukuma, Taturu, hunters and gatherers (Hadzabe) lawfully living within the Conservation Area resisted the government movement to evict them without paying adequate compensation.
Library ResourceConference Papers & ReportsJuly, 2013Tanzania
This paper uses District Land and Housing Tribunal (DLHT) as a case study to argue that the principle conceived in the enactment of the law that established the tribunal is far from becoming a reality. It uses data of the past four years to demonstrate that DLHT is overburdened by increment of an average of 2000 pending cases every year. It further shows legal and practical challenges that hinder access to and independence of DLHT. The paper calls for drastic strategic measures to strengthen DLHT in terms of human resources and facilities.
Library ResourceLegislation & PoliciesJune, 2012Tanzania
A comprehensive legal analysis highlighting gaps and recommendations in the four selected land related legislations in Tanzania.
Library ResourceReports & ResearchOctober, 2011Tanzania
This fact finding is based on one of the claims of a group of peri-urban dwellers in Kimere, Mapinga village in Bagamoyo District, whose land they claim have been invaded by one of the well connected elite with a view to assist them register their rights only to realise later on that he was playing a tricky game to own their land.
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