Resource information
Public land is a resource that should be effectively managed in the public’s best interest in line with provisions of the Constitutions of Kenya and the Land Act. The management framework governing land use and development decisions on public land should ensure protection and sustainable management of the land. Despite these provisions in law, recent media reports point toresurgenceof public land grab. The Land Development and Governance Institute commissioned this research study to establish the status of the public land management in Kenya. The scope of the study covered 21 counties around the country. The survey sought to determine the status of the public land management by targeting public institutions, County Land Management Boards (CLMBs) and the general public. From the survey, 77% of the institutions interviewed were aware of the extent of their land while 23% were not. Of those who knew the extent of their land, only 41% had proof of ownership of the parcels of land held (Hard copy maps, Survey data, Digitized maps, Development plans, Title deeds/title certificates/lease certificates, Allotment letters). With regard to steps public institutions had taken to safeguard their land, 71 of the 88 institutions sampled had planned their land accordingly. 71 out of the 88 institutions sampled had surveyed their land and 78 had clearly fenced their property. From the analysis of the data collected, 40% of the interviewed officers reported having encountered an incident or attempt to irregularly or illegally acquire their land. Most of these public institutions (62%) are aware of the National Land Commission’s (NLC’s) role in the management of public land and had interacted with the commission to process ownership documents, solve encroachment disputes and repossess grabbed land. Some of these institutions had also interacted with the Commission at seminars and workshops on public land management. The study also visited 9 CLMBs where 7 CLMBs confirmed having an inventory of the land in their respective counties. However, most of these inventories were lists of public institutions within the respective counties and not geo-referenced maps and the corresponding registration status as required by law. CLMBs cited the main threats to public land asencroachment by members of the public (e.g. putting up of informal structures and development along road reserves) and allocations to powerful individuals as major threats to public land. With these threats, CLMBs have taken steps to protect public land from grabbing. Repossessing already grabbed land was one of the major steps taken by CLMBs. The study also interviewed members of the public seeking to get views on the status of public land management. 89% of the respondents were aware of public land as classified in the Constitution of Kenya and could comfortably give examples. With regard to incidences of irregularor illegal acquisitions, 26% of the respondents were aware of attempts to irregularly acquire public land in their counties but 74% were not. 85% of those who had witnessed attempts toirregularly or illegally acquire public land did not take any steps to avert the situation. The 15% who took action against the attempts to irregularly acquire public land either reported the matter to the specific institution or reported to authorities. Majority of the respondents (65%) were not aware of the National Land Commission.Additionally, only 8% of those who were aware of NLC’s function to manage public land had interacted with the commission in regard to land management and protection from land grab. The survey also took suggestions from the CLMBs, institutions and individuals on the role the various stakeholders can play in protecting public land. Views shared are in the main report.
