Curbing the individualization of community land rights in Kenya

Abstract

Community land rights are not adequately catered for in law, policy in Kenya. This is because first, they have not been given as much attention as the other forms of tenure. Second, the informal nature of customary rights has led to its distortion and misinterpretation. As a result, there has been neglect and abuse of community land that has led to the individualization of such land. This individualization of land takes place in the form of conversion of community tenure into private or public. The study sought to investigate whether the current land laws adequately secure community land rights and recognize customary law independently as they do to other forms of tenure hence the continuous individualization of community rights. The study was conducted through literature review in a thematic approach where literature acknowledgement is done, of the various authors who have similarly addressed the issue. This includes the unravelling of the causes of individualization of community land. As seen, there were many land legislations that were effected in Kenya to try and support community tenure up to date but the land conflicts continue. In order to try and resolve some of the issues with regards to community land, codification of law alone, does not necessarily help in recognition of community tenure because customary laws by their nature change with the socio-economic factors. The study recommends that these rights should be allowed to exist on their own and accommodate cultural diversity. Kenya is encouraged to acknowledge that the dynamics and local resources such as indigenous knowledge systems and the needs of the people, must guide government's land tenure reform programme