The Community Land Act of 2016 provides a legal basis for protection, recognition and registration of community lands and has provisions for management and administration of the land by the communities themselves. However, implementation of the act has been slower than anticipated. This is despite the current heightened investment interests in community lands for mega development projects.
Although use of land for such projects would have been through compensatory processes, land acquisition laws in Kenya are under review to circumvent the compensation requirements proposed in the new community land dispensations.
Another challenge to the implementation of the Community Land Act is the political will to put in place the required systems for apt implementation of the Community Land Act.
Due to the scale of community land rights Kenya, there is a need to find a path forward to overcome the challenges and realize the benefits of community land dispensation under the Community Land Act.
The webinar on Challenges and Opportunities of Community Land Dispensation in Kenya took place on 2 May, 2019.
This webinar featureed key experts on community land rights in Kenya. This webinar was co-hosted by the European Union, the Government of Kenya, the Food and Agriculture Organization of the United Nations and the Land Portal Foundation.
Panelists addressed the following questions:
- What is the status of communal tenure in Kenya, including policy and practice?
- What is the intent of the Constitution and the Community Land Act? What strides are necessary to ensure its implementation?
- Is the Community Land Act viable?
- Who is responsible in the implementation of the community land act?
Moderator: Hussein Wario, Food and Agriculture Organization of the United Nations (FAO)
Panelists:
- Shadrack Omondi, Executive Director, Reconcile
- Husna Mbarak, Food and Agriculture Organization of the United Nations (FAO)
- Samuel Odari, Assistant Director for Land Adjudication at the National Land Commission