15 min read
Mathew Wahome
Topic 6: Land Tenure and Land Reform
1. Land Tenure
Land tenure is the system of rights and rules by which land is owned, held, used and transferred.
Land Tenure Systems
| System | Description |
|---|---|
| Communal (customary) | Land owned by a family, clan or community; individuals have use rights |
| Freehold | Absolute ownership for an indefinite period |
| Leasehold | Right to use land for a fixed period for a payment; the owner remains the lessor |
| Public (state) land | Land held by national or county governments for public use |
Land Classification in Kenya (Constitution 2010)
- Public land
- Community land
- Private land
The National Land Commission manages public land, and land laws such as the Land Act and Land Registration Act guide ownership, registration and use.
2. Advantages and Disadvantages of Tenure Systems
| System | Advantages | Disadvantages |
|---|---|---|
| Freehold | Security; title deed can be used as collateral; encourages investment | Can lead to fragmentation; unequal ownership |
| Leasehold | Access to land for those without it; allows large-scale use | Insecure; less long-term investment; lease may expire |
| Communal | Land available to members; security for the family | No title; hinders credit and investment; disputes |
3. Land Reform
Land reform is the change in land ownership and use to improve production and fairness.
Aspects of Land Reform
- Land adjudication: determining the rightful owners of land.
- Land consolidation: bringing scattered plots into one parcel.
- Land registration: recording ownership and issuing title deeds.
- Land settlement: resettling landless people on schemes.
- Land redistribution: sharing land more fairly.
- Subdivision control and land use planning.
Importance of Land Reform
- Provides security of tenure.
- Allows access to credit with title deeds.
- Encourages investment and soil conservation.
- Reduces land disputes.
- Improves land use and production.
- Gives landless people access to land.
4. Land Fragmentation
Division of land into smaller parcels, often by inheritance.
Problems
- Time and cost moving between plots.
- Difficulty in mechanisation and irrigation.
- Poor supervision.
- Loss of land to boundaries and paths.
- Disputes.
- Uneconomic farm sizes.
Solutions
- Land consolidation.
- Education on keeping viable farm sizes.
- Alternative livelihoods to reduce pressure on land.
- Land laws controlling minimum sizes.
5. Land Settlement Schemes
Government and organisations buy and subdivide large farms for landless Kenyans.
Problems
- Inadequate funds for infrastructure.
- Corruption in allocation.
- Poor farmer training and extension.
- Environmental degradation on marginal land.