THE FOREST CONSERVATION AND MANAGEMENT ACT, 2016 No. 34 of 2016

Date of Assent: 31st August, 2016

Date of Commencement: By Notice

A BILL for AN ACT of Parliament to provide a framework for the contracting, exploration, development and production of petroleum; cessation of upstream petroleum operations; to give effect to relevant articles of the Constitution in so far as they apply to upstream petroleum operations; and for connected purposes.

A Bill for AN ACT of Parliament to consolidate the laws relating to energy, to provide for National and County Government functions in relation to energy,to provide for the establishment, powers and functions of the energy sector entities; promotion of renewable energy; exploration, recovery and commercial utilization of geothermal energy; regulation of midstream and downstream petroleum and coal activities; regulation, production, supply and use of electricity and other energy forms; and for connected purposes.

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.

Rubber prices in northern Laos have fallen significantly over the last few years, eroding much of the initial enthusiasm of both farmers and government officials about rubber providing a way out of poverty for poor upland farmers. This thematic study examines responses to this price drop by Lao rubber growers and state institutions in northern Laos. It also examines the reasons that prices are what they are, given that price volatility was identified as a risk during the mid-2000s, and that in at least some cases, steps were taken to protect contract farmers from falling prices.

Because of changes in some underlying factors, land is increasingly becoming a source of conflicts in Africa. We estimate the determinants of land conflicts and their impacts on input application in Kenya by using a recent survey of 899 rural households. We find that widows are about 13 percent more likely to experience pending land conflicts when their parcels are registered under the names of their deceased husbands than when titles are registered under their names.

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

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.

Illegal and irregular allocations of public land were a common feature of the Moi regime and perhaps it’s most pervasive corrupt practice. The Ndung’u Report as well as various reports of the Public Investment Committee details numerous cases of public land illegal allocated to individuals and companies in total disregard of the law and public interest. Most allocations were made to politically correct individuals without justification and resulted in individuals being unjustly enriched at great cost to the people of Kenya.

The absence of a clearly defined land use policy in Kenya after years of independence has resulted in a haphazard approach to managing the different land use practices and policy responses. Land use continues to be addressed through many uncoordinated legal and policy frameworks that have done little to unravel the many issues that affect land use management. The Constitution of Kenya 2010, Kenya Vision 2030 and the Sessional Paper No. 3 of 2009 on National Land Policy all call for a clear framework for effectively addressing the challenges related to land use.

The acquisition of land by foreigners in developing countries has emerged as a key mechanism for foreign direct investment (FDI). FDI is defined by the Organization for Economic Cooperation and Development (OECD) as the category of international investment that reflects the objective of a resident entity in one economy to obtain a lasting interest in an enterprise resident in another economy.

The Commission has been in the forefront of promoting good governance and accountability in the land sector. Progress in the land sector has been mixed. Through the effort of the government, support agencies and other stakeholders the Commission was able to devolve its function to the 47 counties through the County Land Management Boards (CLMBs). The CLMBs have in effect devolved land services throughout Kenya. However, achieving land, better land governance, accountability in the land sector and ensuring secure land rights for all Kenyan is still to be achieved.