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In the past
five decades since Kenya’s independence from British colonial rule, it has been observed that the
general system of land delivery in Kenya, the land laws in place and the management of land has
been inappropriate and has led to a great deal of strife, tension and controversy in dealings in
land.
Apart from the above, land has today, become a very sensitive issue in Kenya because of:
– The centrality of land in human life, making it the main reason for the struggle for Kenya’s
independence from British colonial rule. – The complexity of the laws governing land ownership
in Kenya, and the historical genesis of how these laws were applied to different “parts” of
Kenya. – The abuse of existing land laws and other state powers that have allowed the irregular
allocation (grabbing) of public land to a favored and privileged few. – The disorganization,
mismanagement and corruption at the Ministry of Lands headquarters and the various County
Land Offices in the country.
However, the current land related disputes in Kenya can be attributed to the following
shortcomings in present land survey and adjudication process;
The following are problems that have been noted within the land surveying process: –
The processing of cadastral surveying documents that support registration of title takes too long
– an average of 6 months from the time of survey to the production of deed plans or amendment
of Registry Index Maps (RIMs). – For efficient surveying and mapping, the national surveying
and mapping agency is normally expected to provide adequate survey control networks both in
extent and quality. In this country, that is the responsibility of the Survey of Kenya, which today
is unable to fulfill this role because of financial constraints and also due to focusing too much on
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routine cadastral surveying matters. – The Registry Index Maps (RIMs) are not updated quickly
enough upon mutation surveys taking place. In this regard, the Department of Surveys is not able
to keep up with the pace of development, e.g., subdivisions, combinations, etc. – The approval
processes are encumbered with many bureaucratic procedures; leading to lengthy subdivision
approval processes.
Another challenge with the surveyors is that of the reform and modernization of land-
tenure systems, to adapt them to modern development demands. Promotion of land-title
registration is the starting point for land- tenure improvement. It is in recognition of this need
that the United Nations Global Strategy for Shelter to the Year 2000 has emphasized the
necessity for "increased administrative capacities for land title and land transaction registration,
without which efficient and economical land distribution is virtually impossible. Improvements
to land-registration systems and the establishment of land- information systems are basic reforms
which are a prerequisite for efficient human settlements development. The Global Strategy for
Shelter to the Year 2000, recognizing the merits and importance of land- registration, has
recommended as a priority area of national policy action, the establishment of efficient land-
registration and Land-information systems, and the introduction of administrative measures and
legal reforms to promote the efficiency of land markets. The Strategy acknowledges that poor
land systems increase the costs of acquiring and mortgaging land, and, therefore, the cost of
shelter. The strategy, therefore, suggests that, in line with simplifying land-registration
procedures to reform land-tenure systems, with the aim of increasing private investment in
housing .In Kenya this will also help in identification of proper land owners and safeguard the
public land, it will also reduce the high land price and mortgage.
Administrative corruption
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Political corruption
Political corruption in the land sector aims to gain control over a country’s resources —
both what is above and beneath the ground. It can manifest as a result of opportunities created
through land transactions, reforms and development projects that occur within a country, region
or district. Examples include when state-owned lands are privatized or leased, zoning or
construction plans are approved, large-scale land acquisitions by investors are negotiated, and
land is expropriated for government (or government-related) projects. While corrupt individuals
at all levels can be involved in these acts, the roots of corruption often reside within the upper
circles of power in the public and private sector.
Internal disputes in the survey and adjudication bodies also are other shortcoming. A
recent case is the cabinet secretary of lands and the Kenya National Land Commission .Such
disputes slow the process of land registration and other process that are essential thus continue in
conflicts among the lower parties involve in land process.
The new Kenya land reforms have also come up with new changes that most surveyors are
yet to adapt to. This arise the need for in-service among the surveyors which requires financial
support.
As these problems and others continue to engulf the survey and related land bodies,
Kenyans continue to experience much broader problems. Some of the problems that are due to
the above shortcomings in survey and adjudication process are discussed below;
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Tribal clashes; this as in the case witnessed in 1992 and 1997 and in recent past. Different tribes
mostly the pastoral tribes fight over grazing land ownership. These fights have continued over a
long period and thus have hindered development in such areas and led to deaths of both people
and animals, such problem can be solved by the survey and adjudication in Kenya doing their job
effectively.
Displacement of people; this is evident in the Mau eviction where people were displaced.
Other areas especially areas affected by tribal wars due to land have experienced massive
displacement of people leading to people being internally displaced.
Due to corruption and other shortcomings in survey, it has led to grabbing and settlement
of people in forest and other natural resources areas. This has come with a lot of consequences;
human and wildlife conflict have increased, destruction of the natural resources like forestry,
increase in poaching among others.
In the recent past in Kenya during the construction of major roads like Thika super
highway, a lot of property that had been built on the road was destroyed. It was both a loss to the
owners and economic growth; however a critical look into this matter is that the land had been
grabbed from the public road land. With an effective survey and adjudication process such
incidents can be avoided.
In conclusion, the above discussed problems can however be overcome through the
following;
Settling of the landlessness to avoid land grabbing by people .Having clear laws on punishment
to land offences, the land registration and title issue process should be revised and modernize for
effectively and for purpose of time saving. A good anti corruption commission to deal with
corrupt staff, settling the law on women and land ownership. Clear mapping of public and
private land by surveyor. The adjudication process should also be look into. With all this the
current land related problems in Kenya will drastically reduce and thus land will serve its
purpose not as a source of conflict but as a production instrument for development.
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REFERENCES;
Daudeline, J. 2002. “Land as a source of conflict and in post-conflict settlement,” World Bank
Regional Workshop on Land Issues in Africa and the Middle East, April 29-May 2, 2002,
Kampala, Uganda.
Deininger, K., and R. Castagnini. 2005. “Incidence and impact of land conflict in Uganda,”
Journal of Economic Behavior and Organization, forthcoming.
Migot-Adholla, S., and F. Place. 1998. “The economic effects of land registration on smallholder
farms in Kenya: evidence from Nyeri and Kakamega districts,” Land Economics, vol. 74 (1):
360-373.