The implementation of the Ogiek judgment is in the hearts and the spirits of the Ogiek people and the indigenous peoples globally. On 26 May 2017, we received the judgment at the African Court on Human and Peoples Rights (ACtHPR) in Arusha Tanzania, after a 12-year process that started in Kenyan courts and involved the African Commission on Human and Peoples Rights (ACHPR), The Gambia, besides the Court.
This paper looks at issues of gender and tenure in African customary law. It argues that under all systems of law in many African countries, ownership of land and associated resources is very much anchored in patriarchy. It decries the failure to isolate positive aspects of customary law and the preponderance of women-unfriendly customary law which influences statutory and other forms of law. Part II of the paper provides the conceptual and theoretical premises of the paper. It looks at patriarchy, gender and law and their impact on tenure relations emphasising the male dominance.
There has been progress in terms of legislation of land ownership and women rights on the same subject in Kenya and a number of Non-Governmental Organizations and Civil Society Organizations are in the fore front promoting women land ownership. It is noted that women play an integral part in food production for their families however, land tenure system in the rural areas discriminates against women hence very few women own land.
This study conducts an academic and practical surgery of the problem of land rights
administration in the pre-colonial, colonial, independent and modern Kenya. At the core of the
statement of the problem of the study lie issues of land tenure and sanctity of land titles in
Kenya. Amazingly, the issues that form the nuclei of the “Land Question” in Kenya are closely
intertwined with the socio-economic and political climate prevailing in the country. Hence, the
study confronts the problem from the policy, legal-constitutional and institutional dimensions.
This research paper evaluates land tenure and land registration process in Maua
Location of Meru North district of Kenya. It comes at a time when Kenyans are
pressurizing the government increasingly to issue title deeds not only at the Coast
province but also all over the country (GoK -Ministry of Lands). Maua Location is of
concern owing to the fact that the land registration process has been on going since
1966. This is a long time (43 years) for the land registration process not to have been
This Thesis analyzed the effects of land tenure status on land productivity and sustainable
livelihoods in the traditional pastoral areas in Narok District, and recommended policy
guidelines to the government and other stakeholders. Land tenure status is a critical concern
facing traditional pastoral areas in Kenya, especially in Narok District. It affects production
activities and influences livelihoods. Rapid population growth, deferring individual
preferences amongst the communities, the existing legal framework and inappropriate
Agriculture is the backbone of the Kenyan economy contributing 26% to GDP and 70% to
employment. Majority of the farmers in Kenya are smallholder farmers possessing less than 3
acres of land. The agricultural sector in Kenya has been facing several challenges among them
declining yields. While the decline in yields could be associated with several other factors, it
could also be as a result of the effect of insecure land tenure systems which are little understood.
This study examines the technical efficiency of alternative land tenure systems among
It is generally acknowledged that
insecure and incomplete property rights have large effects on
the use and management of watershed resources.
The standard policy response to this problem is
to privatize farm land, declare riverine areas
to be public property, and establish a set of
restrictions on the use of both private and pub
lic land. This paper presents a more nuanced
concept of catchment property rights, drawing
upon key concepts from watershed hydrology and
the multidisciplinary social science of property
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