This Act provides rules for the prospecting for and mining of minerals specified in the First Schedule to this Act. Save to the extent provided for in this Act, it shall not apply to matters relating to petroleum and hydrocarbon gases. The Cabinet Secretary responsible for mining, the Principal Secretary of the responsible ministry and any person shall be guided by the values and principles enshrined in the Constitution and in particular Articles 10, 66 (2), 201 (c) and (d), and 232 of the Constitution and the principles of leadership and integrity.
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Library ResourceLegislationMay, 2016Kenya
Library ResourceLegislationAugust, 2016Kenya
This Act makes provision for the recognition, protection and registration of community land rights and also provides for conversion of community land, special rights and entitlements with respect to community land, environment and natural resources management of community land and settlement of disputes relating to community land.
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 ResourceJournal Articles & BooksMarch, 2017Kenya
Kenya’s Vision 2030 aims at transforming the country into a newly industrialized middle income country
and infrastructural development is high on the agenda to achieve this. Competing land uses and existing
interests in land make the use of eminent domain by government in acquiring land inevitable. However
most of the land earmarked for compulsory acquisition comprises of un- registered land whose interests
are not formally documented. Kenya has progressive statutes that provide for compensation of land that is
Library ResourceJournal Articles & BooksReports & ResearchJuly, 2012Kenya
In Kenya, insecure land tenure and inequitable access to land and natural resources have contributed to conflict and violence, which has in return exacerbated food insecurity. Most farmers in Kenya have no legal title for the land on which they farm. Sources of tenure insecurity can be ethnic conflicts over land between neighbouring communities, particularly in the Northern provinces, expropriation by the state or local government and land grabbing by local elite or companies. Competition is as well growing over water, especially over groundwater, which is scarce in Kenya.
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 ResourceJournal Articles & BooksMay, 2017Tanzania
Land-use conflict is not a new phenomenon for pastoralists and farmers in Tanzania with murders, the killing of livestock and the loss of property as a consequence of this conflict featuring in the news for many years now. Various actors, including civil society organisations, have tried to address farmer–pastoralist conflict through mass education programmes, land-use planning, policy reforms and the development of community institutions. However, these efforts have not succeeded in the conflict.
Library ResourceReports & ResearchJanuary, 2016Tanzania
The report explores the evictions of pastoralists and other conflicts over pastoralists’ land in Tanzania, with focus on the past decade.
Although most of these evictions and land based conflicts have been documented, the associated human and legal rights violations have increasingly lead to concern amongst civil society. A study was therefore commissioned to collate the available information as well as to visit affected pastoralist communities to assess the current situation faced by pastoralists in the country.
Library ResourceReports & ResearchMarch, 2013Tanzania
Pastoralists in Tanzania are suffering from many human rights violations, including forced evictions from their lands. This report gives a comprehensive analysis of the human rights situation of indigenous peoples in Tanzania, and documents cases of human rights violations against Maasai pastoralists during 2011.
The information contained in this report is a result of a comprehensive survey and human rights analysis, which used both primary and secondary data collection methodologies covering a total of 10 districts and 18 villages.
Report No.3 , Kenya.Peer-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.
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