1. 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

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

3. 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

4. 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)

14. 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

15. 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

16. 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

17. 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

18. 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)

19. 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

20. Thank You Contact us at:
Research Report and Policy briefs available at and
More on the research at: or
Contact us at:
Prof. Nelson Awori Centre, 5th Flr, Suite B6 Tel: 254 (020) / or P.O. Box 8222 – Nairobi, Kenya