Community land tenure and exploration of oil in Turkana, Kenya.

Abstract

Land tenure, which is who owns what interest over what land, has always been a contentious issue, this is because of the finite nature of land. Land in Kenya has been a sensitive issue due to the historical land injustices which date back to colonial times. Discovery of oil in Kenya in 2012, which led to oil exploration activities mainly in the Turkana region, has led to the emergence of new issues concerning land rights in the area. Kenya lacks proper legislation to secure community land rights as exploration of oil continues in Turkana. This has led to alienation from land for some communities and also increased competition for the limited natural resources such as water. This paper shall look into the history of land law in Kenya and the current legislative framework governing the use, ownership and management of community land to identify the gaps in the law. The paper shall also look into best practices from the Inter- American Human Rights System. Canada, and South Africa to identify best practices that can be incorporated in Kenya’s legislative framework.