POLICY BRIEF PUBLIC LAND TENURE AND MANAGEMENT OF PUBLIC LAND IN KENYA

The present public land tenure management system in Kenya is fragmented, uncoordinated and non-transparent. The public land tenure as embodied in the Government Lands Act, Cap 280 of the Laws of Kenya lacks a coherent information system and is bedeviled by a lack of clarity in the roles, responsibilities and policies of different institutions in its administration, planning and disposal. Thus, there is a need for a set of national norms and standards to ensur

An equal right to inherit? Women's land rights, customary law and constitutional reform in Tanzania

This article explores contemporary contestations surrounding women’s inheritance of land in Africa. Legal activism has gained momentum, both in agendas for law reform and in test case litigation, which reached United Nations Committee on the Elimination of Discrimination against Women in ES and SC v. United Republic of Tanzania. Comparing the approach of Tanzania to that of its neighbours, Uganda, Kenya and Rwanda, this article explores patterns of resistance and omission towards enshrining an equal right to inherit in land and succession laws. It identifies two main reasons: neoliberal drivers for land law reform of the 1990s and sociopolitical sensitivity surrounding inheritance of land. It argues that a progressive approach to constitutional and law reform on women’s land rights requires understanding of the realities of claims to family land based on kinship relations. It calls for a holistic approach to land, marriage and inheritance law reform underpinned with constitutional rights to equality and progressive interpretations of living customary law

RECONCILE

A majority of the Kenyan population live in rural areas accessing land and natural resources through customary systems and institutions that operate largely outside the mainstream legal framework of land administration. Although there are clear provisions in the Constitution and the Trust Land Act on management of trust land there appears to be an unwritten policy on the part of government that see