1. KONYANGO CHARLES OTIENO National Land Commission, Kenya
LAND USE PLANNING AND COMMUNAL LAND TENURE REFORMS IN PASTORAL AREAS: THE EXPERIENCE OF KENYA   
KONYANGO CHARLES OTIENO
National Land Commission, Kenya
Paper Presented at the
“2017 WORLD BANK CONFERENCE ON LAND AND POVERTY”
The World Bank - Washington DC, March 20-24, 2017

2. The communal land problem in Kenya
Over 80% of Kenya’s land mass is categorized ASAL and land is held under communal tenure.
Kenya has had several policies and legislation aimed at protecting communal land rights.
The communal land problem in Kenya
Kenya's communal lands are threatened by changes in property rights to individual tenure and land use change.
Currently, land control systems, the actors and institutional mechanisms for managing change only impoverish the communities.
Our Land, Our Wealth, Our Heritage

3. Pastoral movement patterns and onflict epicenters
Our Land, Our Wealth, Our Heritage

4. Land use, policy and legislative dialogue in Kenya
Debates in Kenya has been whether communities have ability to manage their lands and natural resources sustainably.
The Trust Land Act Cap 288 was one such law meant to guarantee protection of communal land rights. Group Representatives Act (Cap 287) advocated for security of tenure as a key in promoting the development of communal lands
Our Land, Our Wealth, Our Heritage

5. The National land policy (NLP) of 2009 and the Constitution 2010 introduced a paradigm shift in management of communal lands.
The NLP advocated for a guaranteed tenure and management framework for communal lands.
Article 63(1) community land which shall vest in and be held by communities.
Article 63(4) Community land shall not be disposed except in terms cognizant of rights of community
Our Land, Our Wealth, Our Heritage

6. Individual (Land Holding) Concept of Tenure
Survey and demarcation
Adjudication
Registration
Titling
Identification of rights
Confirmation of rights
Individual (Land Holding) Concept of Tenure
Our Land, Our Wealth, Our Heritage

7. Land Use and Management Concept of Tenure
Economy/
livelihoods
Use and Management
Poverty Alleviation
Convenience
Our Land, Our Wealth, Our Heritage

8. National Land Commission actions to address land challenges
The NLC has prepared and published three instruments to operationalize the “ Holding, Use and Management” of land.
These are (1) a County Spatial Planning (CSP) guidelines, (2) Leaders Guide to county land use planning and (3) urban land use guidelines
The County Land Management Committees (CLMCs).
Our Land, Our Wealth, Our Heritage

9. The land use planning paradigm shift
National Land Commission in collaboration with county governments, ILRI, RECONCILE and FAO, is developing rangeland specific guidelines and toolkit for land governance
The guidelines address issues critical to the sustainable development and spatial stability of rangelands.
Our Land, Our Wealth, Our Heritage

10. Address the Land Tenure and Land use shifts in communal lands
Three human settlement pathways.
Induced sedentarization (IS)
Residual sedentarization (RS)
Induced Involuntary sedentarization (IIS).
Our Land, Our Wealth, Our Heritage

11. CRITIAL DRIVERS OF LAND GOVERNANCE FOR RANGELANDS GROWTH
Land use Panning
Regional economy, natural resources assets
National development Vision eg, The Kenya Constitution 2010
Sectoral Policies and Legislation
Social and Political dynamics specific values and constraints
Community concerns/ expectations

12. Conclusion
The land reform programmes must embrace the social structures as a basis for understanding the extent to which they shape livelihoods and land tenure.
The blue print planning focused on development control, permits and licenses does not make any sense to communal land tenure and land use
Our Land, Our Wealth, Our Heritage