Customary system as ‘constraint’ or ‘enabler’ to peri-urban land development: Case of Kisumu city, Kenya

Edwin Wamukaya,Musyimi Mbathi

doi:10.18820/2415-0495/trp75i1.9

Abstract

Customary system as ‘constraint’ or ‘enabler’ to peri-urban land development: Case of Kisumu city, Kenya

Highlights

That the system is characterised by dualism: a tenure system founded on customary values, servicing a livelihood system dependent on agriculture, the use of natural resources and social relations of patronage and reciprocity, and a tenure system regulated through a legal framework derived from the colonial era and servicing modern needs and globalising economy (Adams & Turner, 2005: 2)
This study examines the nature and dynamics of customary landholding; identifies the existing land markets, and it assesses the impact of the customary tenure system on urban land development processes in three settlements in Kisumu City
To establish the nature and dynamics of customary landholding in the study areas, the key informant interviews and questionnaire surveys find out how customary land access and rights have evolved over time under the pressure of market forces

Summary

Introduction

A common view of sub-Saharan Africa’s context of land tenure is SSB/TRP/MDM 2019 (75)that the system is characterised by dualism: a tenure system founded on customary values, servicing a livelihood system dependent on agriculture, the use of natural resources and social relations of patronage and reciprocity, and a tenure system regulated through a legal framework derived from the colonial era and servicing modern needs and globalising economy (Adams & Turner, 2005: 2). A common view of sub-Saharan Africa’s context of land tenure is SSB/TRP/MDM 2019 (75). Despite the increasing importance of private ownership on land and the establishment of a well-operative property market in sub-Saharan Africa, customary land tenure represents the dominant system for landholding that is vibrantly active (Payne, 1997: 167). Many still view the current customary land tenure situation in sub-Saharan Africa as regressive. This article focuses on Kisumu City, Kenya’s third largest city, to contribute to the contemporary discourse on urban land tenure policy and delivery systems in sub-Saharan Africa and their implication for urban land administration, planning and development in rapidly evolving African cities. Urbanization and urban growth in Kenya have been proceeding at a rapid pace over the past five decades since independence. The current growth rate increases the total population by roughly 1 million individuals every year, with an expectation that it will double within the 23 years

Methods

Results

Conclusion