1. Dr. Mwenda Makathimo (PhD)
Assessment of Legal and Policy Frameworks Affecting Land Access for Extractives Projects in Kenya.
Dr. Mwenda Makathimo (PhD)

2. Background Prior to 2012 After 2012
Mining- rocks(titanium), non-metalic substance (soda ash, fluorspar & gemstone)
Exploration for oil and gas
After 2012
Discovery of oil and gas
Increased demand for land

3. Discoveries in ASAL regions
Communal land
unplanned
unsurveyed
unregistered,

4. Legal framework Constitution of Kenya 2010 Land Act 2012
Bill of rights – property ownership, compulsory acquisition, Just , prompt and full compensation
Principles of land policy - Sustainable use and management of land
Ownership of mineral and mineral oils – effects on tenure rights
Classification of land
Land Act 2012
Land Registered Act 2012
Community land Act 2016
Mining Act No. 12 of 2016
Petroleum (Exploration and Production) Act of 1984
Petroleum (Exploration, Development and Production) Bill (pending)

5. Land acquisitions (access)
Acquisition of Private Land
Compulsory acquisition, Transfer by sale, Surrender or reversion of leasehold interest or Lease (Land Act)
Mining consent (mining Act)
Acquisition of public land
Alienation, auction to the highest binder, public notice tender, public exchange
Temporary occupancy licenses (0-5 yrs)
Acquisition of Community Land
Registered community land - transfer, allocation, lease by the community, compulsory acquisition
Unregistered community land- compulsory acquisition
Negotiation, consent by the community land administration committee

6. Challenges Lack of transparency
In equitable sharing of compensation proceeds
Speculation

7. Under valuation of community land
Lack of formal property market
Information asymmetry between community, corporations and government

8. Conclusion
There exists legal framework founded on values, principles and rights governing acquisition in different tenure systems.
This is inline with sustainable development
Legal and policy gaps
Determining fair and just compensation over unregistered community land
Curbing speculative tendencies during compensation

9. Recommendations
Aligning the statutes governing land management processes and the ones addressing exploration activities
adoption of non market approach for community land valuation
Putting in place frameworks to guide compensation and sharing compensation proceeds by community members
Regulatory mechanisms by the government to curb speculative purchase in areas anticipated for project development.

10. Makathimo @ldgi.org / info@lgdi.org
Thank You /