Security of tenure under the community land bill 2015
The onset of Colonialism in Kenya dealt a blow to the customary land tenure by failing to give it legal recognition in preference for the common law private ownership tenure system. This lack of recognition deprives communities of security of tenure over community land. The Constitution of Kenya 2010 requires parliament to enact legislation on Community Land (Community Land Bill 2015) to provide for this recognition and hence security of tenure. This research evaluates the nature of community land rights in Kenya and sets out to answer the question whether the Community Land Bill 2015 will achieve this goal using respondents in Narok County as a case study. The study focuses on answering three research questions; how a community is defined by the respondents, and how this compare to the provisions in the Community Land Bill 2015. What is the bundle of rights contained in the community land according to the respondents and how this compare to what is contained in the Community Land Bill 2015. Lastly, how these first two questions are answered will determine the security of tenure under the Community Land Bill2015. The respondents of the Case Study highlighted that the bundle of rights in the community land included rights of occupancy, use among others. However, these rights are restricted and others seemingly absent. The respondents further also defined the community mostly along ethical lines. These findings are compared to the corresponding provisions of the Community Land Bill2015 which are more encompassing than the views of the respondents. This comparison attempts order to yield holistic results in the area of group ownership of land in Kenya.