TOWARDS GREATER COMMUNITY BENEFIT AND ACCOUNTABILITY IN LARGE SCALE LAND ACQUISITIONS IN KENYA RESEARCH TEAM  Dr. Robert Kibugi- CASELAP, University of Nairobi  Mwenda Makathimo, Land Development & Governance Institute  Ibrahim Mwathane, Land Development & Governance Institute

BACKGROUND  Reclassification of Kenya into a middle-class economy. Upcoming major investments include;  Lamu Port South Sudan Ethiopia Transport (LAPPSET) Corridor.  Lake Turkana Wind Power Project(40,000 acres)  Konza Techno City (5,000 acres)  Nairobi-Thika Highway(43 kilometer stretch)  Tatu City (2,500 acres)  Such investments involve significant amounts of land acquisition, and socio economic and environmental impacts are often

 Apparent need for equity in economic development  Vision 2030 blueprint focus on socio-economic development  Private property recognized by the Constitution as a fundamental right.  Equity provides opportunity and voice that enhances benefit of affected persons/communities.  Equity also ensures accountability and legitimacy in land acquisitions

RESEARCH PROJECT INQUIRY INTO COMMUNITY BENEFIT DURING LARGE-SCALE LAND ACQUISITIONS

RESEARCH PROJECT  Funded by the International Development Research Centre (IDRC)-Canada.  Inquiry into land acquisitions for development in Kenya to determine the most effective way of ensuring accountability of formal legal processes for protection of community interests.

PROJECT OBJECTIVES  Review policy and legislative criteria for acquisition and granting of land for investment  Examine formal and procedural guarantees of accountability and legitimacy  Propose mechanisms of implementing socio-economic and environmental safeguards

Project is being implemented in three counties; Siaya, Lamu and Isiolo.  Lamu and Isiolo Counties are both at the centre of implementation of the LAPSSET project.  Lamu is listed as a World Heritage Site by the UNESCO.  Isiolo is an upcoming resort city in the semi-arid area of the country.  Siaya County has been subjected to large scale land acquisitions County Council granted of a 25 year lease over the Yala Swamp (trust land) to Dominion Holdings for agricultural development. RESEARCH SITES

LARGE SCALE LAND ACQUISITION IN KENYA  Based on the philosophy that development projects are ‘Beneficial Investments’ as opposed to ‘neo-colonial land grabs’  Investors are viewed as bringing investment, improved technology, farming knowledge,employmenrt and increased food production  The concept of equity stands out prominently as a central principle of sustainable development &absence creates challenges for rule of law.  Patriarchal systems of most communities in Kenya highlights the need for gender disaggregation of land ownership and use rights including consent of granting leases.  Inequity within the fabric of the community(family unit) minimizes the benefits by creating challenges in participation process.

CATEGORIES OF LAND Public Land  Includes unalienated government land,envriomentally sensitive areas,roads,mineral resources, territorial sea, exclusive economic zone, sea bed,continetal shelf and other land not classified as community or private land. Community Land  Land lawfully registered in the name of group representatives  Land lawfully transferred to a specific community by any process of law Private Land  Land held by any person under freehold or leasehold tenure  Private land connotes the largest quantity of land rights which the State can grant to an individual

PRELIMINARY FINDINGS  Significant changes in the livelihoods of local communities due to new varieties of economic activities  Lack of clarity on the spatial trajectory of the LAPSSET project by many community members  Expected economic benefits of in Siaya had not yet been felt y the local community  Underdeveloped concept of equity especially during public participation  Need for enactment of a Community Land Law

 Land tenure challenges that have a historical character still persist  Participation of people in administrative and governance systems is still limited in terms of effectiveness  Community is still not viewed as an investor  Eminent Domain lack safeguards

CONCLUSION With recognition of equity as the foundation principle it is possible to face the challenges that arise in implementation of large scale land acquisitions for development.