Large Scale Land Acquisitions for Investment in Kenya: Is the participation, and benefits of affected local communities meaningful, and equitable? World Bank Land and Poverty Conference, 2017 Washington, DC Research by: Dr Robert Kibugi, Ibrahim Mwathane & Dr Mwenda Makathimo Presented by: Dr. Mwenda Makathimo

Case study focus: LAPPSET context Learning from comparable experience Lamu County Isiolo County Learning from comparable experience Siaya County – Yala swamp investment

Background Large scale infrastructure and development projects (both private and public) often require land acquisition – with compulsory land acquisition increasingly common Change in law (CoK, Land Act) altered threshold of acquisition from Public Benefit to more broader Public purpose and public interest Land Act further requires consideration of community benefit whenever public land is allocated for investents

Trend of mega-projects Anchored to Sessional Paper No.10 of 2012 on Vision 2030, and respective MTPs Aimed at opening up previously under-developed parts of Kenya, and enhancing socio-economic development in other areas Examples of mega-investment projects: Projects include: LAPSSET cluster of infrastructure and investment Standard Gauge Railway Energy projects (electricity transmission, wind power projects) Agriculture projects (Dominion, Galana-Kulalu Farm Projects)

Research Context Compulsory acquisition procedure under LAPSSET project Lamu County – E.g Lamu Port, Lamu Garissa Road Isiolo County – Road and railway, Isiolo Airport and Isiolo Resort City Ongoing investments: Siaya County – Dominion Farms Project

Research methodology Research period: 2013 – 2016 Methodology: Literature review Field research Reconnaissance, use of local knowledge Sampling of focus group discussants (project affected community members) Key informant interviews (public, private sector, project affected community members) Participant validation of findings Three rounds of expert peer review of findings Enhancement of user participation during research Data analysis Reporting Dissemination Research Ethics: confidentiality and anonymity in reporting

Global Findings Informal land administration systems Community land not adjudicated Lack of resettlement safeguards principles and practice in Kenyan law of compulsory acquisition of land Lack of policy linking investments flowing from land acquisitions to secure community benefit through contracts and business models Lack of regulations to guide assessment for just compensation

Findings (cont.) Limited of knowledge by communities about land laws, policies and land administration processes Inadequate public participation, including consultation and awareness No integrated networking system for project affected communities to build knowledge and exchange ideas Women are involved in community interventions despite high level of patriarchy in some instances Compensation to “occupants in good faith” without title to land

Recommendations (Policy, Legislative and Procedural) Fast-track land adjudication and registration Enhance tenure of communities through implementation of the provisions of Community Land Act Clarification on the practice and methodology of valuation of land and non- land assets for compensation Provide for resettlement safeguards principles and practice Regulations on methodology for assessment of just compensation (Land Act regulations)

Recommendations (Community Action Level safeguards) Community dissemination manual for sensitization on land laws, policies and admin. processes Public participation at all stages through effective consultations and disclosure of relevant information (esp. planning phase) Promotion of networking by project affected communities in various parts of Kenya Need to involve Women in community interventions Protection of interests of legitimate beneficiaries during compensation

Thank You Contact us at: Research Report and Policy briefs available at www.ldgi.co.ke and www.caselap.uonbi.ac.ke More on the research at: www.ldgi.co.ke or www.ldgi.org Contact us at: Prof. Nelson Awori Centre, 5th Flr, Suite B6 Tel: 254 (020) 271 45 74/ +254 706 623 636 Email : info@ldgi.or or info@ldgi.co.ke P.O. Box 8222 – 00100 Nairobi, Kenya