Land Rights as an Imperative for Sustainable Land and Natural Resources Management in Kenya

During the colonial administration in Kenya, land was managed using complex administrative structures, which were generally inefficient and unproductive. Key land reforms were postulated in the Land Policy developed in 2009, and subsequently in the Kenya Constitution 2010. However, failure to fully implement the intentions of the policy and the Constitution has put the goals of sustainable land and land resources management in jeopardy. A major contributor of this phenomenon has been the political economy in the country. Vested political and economic interests have ensured that radical reforms in the land sector do not see the light of the day. This situation may be addressed by improved governance structures and more public participation in decision-making up to the grassroots level. The paper notes that the process of recognizing and accurately recording and managing records on land rights is a key ingredient in the protection of land rights. It further argues that the private land tenure system is an impediment to the realization of land rights of the weaker sections of society and points out that the three tier land tenure system in Kenya (public, private and Community), does not adequately address the bundles of rights in Land and land based natural resources.