The land question in Kenya has never been solved. Land is a pertinent source of livelihood, the problem has persisted and in a number of years caused chaos as people grow impatient. Over time, there have been complaints from various communities and recently, the past governments have sought to listen the ailing communities. The National Land Policy and the National Land Commission characterize efforts to remedy the continued situation bedeviling the African communities.

On 27th August 2010, Kenya’s new constitution was promulgated. This set in place a process of implementation through the enactment of different legislations and setting up of new institutional frameworks as envisaged in the new constitutional dispensation. For the land sector, far reaching legal and institutional reforms are envisaged in Chapter 5 of the constitution. The Chapter on Land and Environment also lays out broad principles through which land and the environment shall be managed.

Meaningful citizen participation in governance is a key ingredient for public reforms that were instituted by the Constitution of Kenya (CoK) 2010. Article 1 (1) of the Constitution vests all sovereign power to the people of Kenya. This power can be expressed through direct participation or indirectly through elected representatives. In addition, various pieces of legislations anchoring devolution highlight the principles of citizen participation. Together, these constitutional and legislative provisions avail various platforms for citizen participation in devolved governance.

This handbook provides reference material for stakeholders in devolved governance, including policy makers at the county level and citizens, on social accountability and its relevance in devolved governance and the attainment of the objects of Kenya’s devolution as highlighted in Article 174 of the Constitution of Kenya 2010.

Devolution is one form of decentralization. Decentralization is defined as the process of dispersing power from the centre to lower levels of government. The other forms of decentralization include de-concentration, delegation and privatization. De-concentration transfers implementation powers to lower regions or sub- national units that implement decisions made at the centre. The responsibility for service delivery and decision making under delegation is passed to semiindependent territorial or sub-national units.

Public participation is an action or a series of actions a person takes to involve themselves in affairs of government or community. These activities include voting, attending meetings, participating in public or private political discussion or debate on issues, signing a petition on a desired government action or policy, volunteering in community activities and contributing money to a political party or candidate of one’s choice among other similar activities.

The constitution of Kenya 2010 established a devolved system of governance with 47 County governments. The constitution in schedule four also transfers service delivery in health, water and agriculture sector among other functions to county governments.

Land retains a focal point in Kenya's history. It was the basis upon which the struggle for independence was waged. It has traditionally dictated the pulse of our nationhood. It continues to command a pivotal position in the country's social, economic, political and legal relations. It is not surprising therefore that land has since the colonial times to-date, been the subject of myriad state managed policy and legal interventions. Neither is it surprising that it has been the subject of many Commissions of Inquiry.

In the aftermath of the post-election crisis, the issue of land has gained increased urgency. Land reforms represent a central part of Kenya’s reform agenda and indeed, the national reconciliation agenda as negotiated by President Kibaki and Prime Minister Raila Odinga under the aegis of Kofi Annan in early 2008.

Kenya’s land governance system is fashioned to facilitate land expropriation for the few and powerful who continue to resist reforms.

This is despite the fact that the dynamics of land reform are driven by apprehensions of mischief associated with the history that explains why the National Land Commission was established with mandate, independent of the Executive.

CAPITALISM

From the British conquest, Kenya’s land governance system was never meant to be inclusionary and equitable.

Kenya has been integrating climate considerations into various legal and governance instruments for some time. Notably, there has been progress made in planning and implementing policies, projects and programs in key economic sectors in order to align Kenya with the international community’s approach to reducing greenhouse gas emissions and promote climate resilience.

Humanitarian and development organizations working in conflict-affected settings have a particular responsibility to do no harm and contribute to the wellbeing of the population without bias. The highly complex, politicized realities of work in conflict- and post-conflict settings often require quick, pragmatic and results-oriented decisions, the foundations of which remain frequently implicit. Such decisions might follow an intrinsic logic or situational pragmatism rather than intensive deliberation.