Abstract
Much of the promise of the good governance agenda in African countries since the 1990s rested on reforms aimed at 'getting the institutions right', sometimes by creating regulatory agencies that would be above the fray of partisan politics. Such 'institutional fix' strategies are often frustrated because the new institutions themselves are embedded in existing state structures and power relations. The article argues that implementing Kenya's land law reforms in the 2012-2016 period illustrates this dynamic. In Kenya, democratic structures and the 2010 constitutional devolution of power to county governments created a complex institutional playing field, the contours of which shaped the course of reform. Diverse actors in both administrative and representative institutions of the state, at both the national and county levels, were empowered as 'veto players' whose consent and cooperation was required to realize the reform mandate. An analysis of land administration reform in eight Kenyan counties shows how veto players were able to slow or curtail the implementation of the new land laws. Theories of African politics that focus on informal power networks and state incapacity may miss the extent to which formal state structures and the actors empowered within them can shape the course of reform, either by thwarting the reformist thrust of new laws or by trying to harness their reformist potential.
Highlights
Responding to long-standing popular demands for reforms in land law and administration was a priority of the first government that came to power through electora
Much of the promise of the good governance agenda in African countries since the 1990s rested on reforms aimed at "getting the institutions right," sometimes by creating regulatory agencies that would be above the fray of partisan politics
Theories of African politics that focus on informal power networks and state incapacity may miss the extent to which formal state structures and the actors empowered within them can shape the course of reform, either by thwarting the reformist thrust of new laws or by trying to harness their reformist potential
Summary
Land issues have been a dominant theme in Kenyan politics for the last century.[11]. Today Kenya is one of the most unequal countries in Africa, with one of the highest land. Election (the Waki Commission Report), and the National Land Policy formulation process itself -- clearly pointed at a chronic pattern of land abuses by the executive branch, and by the Ministry of Lands (MoL) in particular.[15] In post-electoral violence in 2008, more than 1000 people were killed and over 300,000 displaced in violence that was partly land-related. This brought Kenya to its lowest point since Independence, disgracing the ruling elite and adding impetus to longstanding calls for political reform. The net effect was envisioned as a far-reaching overhaul that would bring land administration under the rule of law through the actions of the non-partisan and supposedly independent NLC, with some powers diffused through devolution to the new county governments
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