Kenyas standard gauge railway, super highways are a few projects that have seen light of the day despite the hurdle that the recently passed land laws amendment act 2016 still presents the tough task of identifying and compensating legitimate rights holders is an issue that has been clouding infrastructure development. This is partly attributed to the governments investment on infrastructure which makes the real estate industry attractive. The difficulties that come in the process of land acquisition in india are immense, given the population density and the type of land use in the country. Doc the evolution of land law in kenya valentine wakoko. How can land be acquired in kenya land acquisition in kenya land is an important aspect of the life of any society. Land acquisition in africa for agricultural purposes. Projects such as tata nano plant in singur west bengal and arcelor steel plant in odisha made it to the front page of the newspapers mainly.
The major investors acquiring african land are the countries2 which are capitalrich but short. Large scale land acquisitions for investments in kenya. Kenya housing market mapping and value chain analysis november, 20. The methodology hinges on a systemic analysis of land delivery channels, which helps to show how land is initially made available for circulation, how tenure can be formalized incrementally, and the. This report covers the third year of the road towards land reform in kenya. Compulsory acquisition of land and compensation in. Thereafter was born a radicalized law which gave power to the republican president under lands acquisition act cap 296 of the laws of zambia to compulsory acquire any land in the public interest. A number of countries try to restrict subsequent transfers and land use changes of land taken for a. Land governance continues to be a topic of high interest within policy and academic circles. A definition of land grabbing is suggested along with the reasons for the recent surge in land grabbing due to the financial crisis and the boom in agrofuels.
Asses the specific compulsory land acquisition procedural practices in the study area. Acquisition of land by foreigners in tanzania lexology. A definition of land grabbing is suggested along with the reasons for the recent surge in land grabbing due to. A systemic analysis of land markets and land institutions. Is there equity for local communities through meaningful participation, and benefits. Kenya, the annual report of the commission for the period july 2015 to june 2016. Land has become one of the scarcest resources in kenya and as the increasing population seeks settlement, encroachment of water catchmentsa and deforestation are on the rise. Kenya is currently engaged in a number of infrastructural projects that call for the compulsory acquisition and compensation of land.
Throughout the land sector, the need to embrace change, better land governance and land rights for all has perhaps never been greater. The only exception we are aware of is a study by dzuda 2001, focusing on the time it takes by farmers to adopt soil and water conservation techniques in zimbabwe. A case study of the situation in lamu, isiolo and siaya counties. The effects of compulsory land acquisition identified included changes in income levels, land utilisation, land ownership structure, farming practices, familial composition and. This paper presents a new type of land market analysis relevant to cities with plural tenure systems as in. Involuntary resettlement and land acquisition should be avoided where feasible. Land development and governance institute, nairobi isbn 9789966098429. Larr act, 20 allowed acquisition of land for private hospitals and educational institutions. Following the tanzania national land policy in 1995, which set out the fundamental principles of land management, tanzania enacted the land act no. Revised edition 2010 1983 published by the national council for law reporting with the authority of the attorney general. Sep, 2012 commissioner of land publishes a notice in the kenya gazette to inform the public of their intentions. In kenya, for example, the proponent of a compulsory acquisition is required to provide credible evidence that the benefit to the public of the acquisition will outweigh the hardships to those affected.
Acquiring land is a prerequisite to economic growth and development. The new laws require all land in kenya, whether private, public or community land, to be registered. Larr act 20 was applicable to the private companies as defines in the companies act 1956 or under the societies registration act, 1860. Today, land remains the principal source of livelihood and material wealth and invariably carries cultural significance for many kenyans. Land acquisition is complex due to the various land tenure systems in uganda. The acquisition of land can be achieved either through land purchases or leases. Land acquisition in kenya kings park limited land for sale. In its introductory part the report puts these case studies in the context of land grabbing. Payments of bribes and kickbacks to officials involved in approving land allocations. Private land per article 64 of the constitution of kenya, 2010 key laws applicable land act act no. Returning to the final portions of this section on private land rights, dealing with issues such as compulsory acquisition of land and development control, these are. Iied6 identified a cumulative increase in land acquisition in the four. As noted in the study, section 111 of the land act requires the national land commission to develop rules to regulate the assessment of just compensation where land is compulsorily acquired. Formal legal framework for womens land and property rights constitution formal laws relevant to land family law enforcement of formal law iii.
The manner in which land institutions should or should not go about reforming national land policies has been a highly contested topic given the complex and multilayered nature of landrelated conflicts. Land acquisition and the adoption of soil and water. The paper covers how land law in kenya has developed ab intra. The literature on soil and water conservation techniques has so far ignored this relationship between plot ownership changes and innovation. Circumvention of agreed and legally binding consultation procedures. The impact of compulsory land acquisition on displaced. Compulsory land acquisition and compensation in ghana. The analysis reveals that compulsory land acquisition quite often has farreaching socioeconomic impact on the lives of persons whose parcels of land are acquired.
For instance, the case of the mau forest, a major water tower in kenya illustrates that the regime of land rights in kenya is a barrier to sustainable. It is essential for food production and security, supports important biological resources and processes, sustains the livelihoods of the majority of kenyans and constitutes an important cultural heritage for many communities. The land acquisition act an act to provide for the compulsory acquisition of lands for public purposes and in connection with housing schemes. The analysis reveals that compulsory land acquisition quite often has farreaching socioeconomic. Rma is involved in the business of automotive distribution, specifically the jaguar land rover brand in kenya. Commissioner of land publishes a notice in the kenya gazette to inform the public of their intentions. A systemic analysis of land markets and land institutions in. Declaration that land is needed for public purpose. Pdf the impact of compulsory land acquisition on displaced.
Land acquisition act 1965 uganda legal information institute. An analysis of the lands acquisition act cap 296 of 1970. Pdf this paper analyses the impact of compulsory land acquisition on displaced persons in kenya. Large scale land acquisitions for investment in kenya. The fragility of compulsory land acquisition for development. Rma motors kenya limited rma, the target undertaking, is incorporated in kenya and is wholly owned by rma group. The effects of compulsory land acquisition identified included changes in income levels, land utilisation, landownership structure, farming practices, familial composition and. The proposed transaction involves the acquisition of business and assets of rma by inchcape. This is partly attributed to the governments investment on infrastructure which makes the.
Land tenure classifications in kenya university of cambridge. This is evident from the fact that the fundamental issue in a number of top stories in the past few years has been the process of land acquisition. During the clamor for change and reforms in kenya, one of the most prominent issues that kenyans agitated for was reforms in land administration and management. Official pdf, 143 pages world bank documents world bank group.
It was at the core of resistance to british rule at the turn of the last century and subsequent agitation for land thereafter up to the time of the struggle for independence. Larr seeks to replace land acquisition act of 1894 and bring the muchneeded clarity on issues of land acquisition, rehabilitation and resettlement. The study has been realized by the international institute for environment and development iied at the request of fao and the. Pdf learning from courts challenges related to compulsory land. This paper analyses the impact of compulsory land acquisition on displaced persons in kenya. Commissioner determines the value of the land as per the land acquisition act. A copy is sent to everyone to be affected by the acquisition and they are informed of the venue and date of the inquiry to be held. Mar 07, 2012 how can land be acquired in kenya land acquisition in kenya land is an important aspect of the life of any society. The analysis of the vertical level reveals that the implementation of the project was motivated. Ethnography of a largescale land acquisition in west kenya. However, substantive provisions on the administration and management of community land will be enacted by 2015 as required by the constitution. Commission means the national land commission established by article 67 of the constitution.
Title of private company changed to private entity. And unfortunately, it is one of the most tedious tasks in our country. The new laws therefore make provision for the registration of community land. Investigations for selecting land for public purpose.
Land grabbing in kenya and mozambique fian international. Land related conflict continues in kenyas land, water and forest sub. The methodology hinges on a systemic analysis of land delivery channels, which helps to show how land is initially made available for circulation. Further, an attempt has been made to analyse, appraisal and critique the land acquisition act, 1894 while comparing it with present act. The analysis reveals that compulsory land acquisition. The laws relating to land acquisition rights obtained through adverse. The history of land relations in kenya is one characterized by, firstly, foreign 1. Prepared for the united states agency for international development, property rights and resource governance program under the prosperity, livelihoods and critical ecosystems place indefinite quantity contract iqc contract no.
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