Slow transition: New report reveals challenges in Kenya's community land registration
The evaluation focused on both those who had started the transition process and those yet to begin it.
A new report by Namati Kenya and the National Land Commission (NLC) has established a slow rate of transition from group ranches to community land in Kenya.
The report, based on an evaluation of undissolved and transitioned group ranches in four counties (Laikipia, Kajiado, West Pokot, and Samburu), found that eight group ranches, representing 50 per cent of the study population, experienced conflicts during the registration process.
More To Read
The evaluation focused on both those who had started the transition process and those yet to begin it.
"These disputes include disagreements on whether to subdivide or privatise or pursue the transition process, exclusion of some members from the process, fraud during the election of Community Land Management Committee (CLMC) members, private land claims within community land, and financial constraints," the report shows.
It also discovered that minority groups, such as people with disabilities and small groups, also tend to be sidelined and, in some communities, are denied a voice concerning land matters, have their decisions overruled, or are excluded from leadership roles. The involvement of the youth in most cases is limited to running errands on behalf of the decision-makers.
The assessment sought to monitor the transition of group ranches to community land and document the status of the same in Kenya.
It also aimed at assessing the involvement of women, youth, and other minority groups in the process and establishing challenges, hindrances, and enablers of the transition.
It also sought to establish the extent to which the county government and non-state actors are meeting their obligations in the process and recommend practical measures to fast-track the transition process of group ranches.
"This advisory therefore highlights the findings of the exercises with emphasis on the status of registration, barriers, and inclusivity. The advisory further highlights policy recommendations to enhance community land registration arising from consultations with communities, the communities' land management members, and duty bearers," notes the report.
At the moment, 24 counties in Kenya host community land within 315 former group ranches.
Out of the 315 former group ranches, only 46 have transitioned as per the provisions of the law as of July 2023. These include two in Kajiado, 13 in Laikipia, 21 in Samburu, five in Taita Taveta, and five in West Pokot.
The remaining unresolved are in Narok (239), Samburu (25), Laikipia (13), West Pokot (7), Siaya, Taita Taveta and Kilifi (6 each), Baringo and Kitui (4 each), Kwale (3) and Kajiado (2).
Slow transition rate
The Community Land Act, 2016, envisaged that this process would have started within 12 months after the gazettement of the regulations. However, the monitoring has established that the rate of transition, standing at a national average of 15 per cent as of July 2023, is slow.
In 2023, a study looked at Musul, Shulmai, Nkiloriti, and Learoni, four communities in Laikipia County and Samburu County to see how things were going after registration. It found that the communities were not able to get two-thirds of the people in their community assemblies to meet.
These were attributed to the CLMC's lack of adequate capacity, resources, and an effective strategy to mobilise members to attend the assembly meetings.
Every time there were elections for CLMC members, the community members would turn out in large numbers, as the contestants actively encouraged attendance.
The report recommends that the Ministry of Lands, Public Works, Housing, and Urban Development allocate more resources for the implementation of the Community Land Act, 2016.
The proposal calls for a review of the statutory forms and the development of an inclusive register template and CLMC list.
Guidelines for community land registrars are provided for them to oversee elections while ensuring adherence to provisions of the act, as well as for communities to document meetings and decision-making over their lands and natural resources.
More instructions should be given to community land registrars on how to make sure that the two-thirds quorum rule is followed at community assembly meetings and how to update the community register every year as required by the Act.
The report also calls for the strengthening of coordination between the relevant stakeholders and the revamping of the ad hoc committee tasked with dispute resolution as provided for in the Act.
On its part, the NLC is urged to regularly monitor key aspects of the registration process and advise the Ministry on improving it and developing an inventory of public land within the communities.
County governments are urged to coordinate and offer continuous sensitization and awareness campaigns, with support from the Ministry in Charge of Lands and Physical Planning, the National Land Commission, and civil society organizations.
They should also allocate resources to help communities develop land use plans, monitor their implementation, support the registration of all unregistered community lands, and provide technical support and capacity building for the CLMCs.
Top Stories Today
