Land Tenure Systems and Sustainable Land Management With Special Reference to the Kenyan Rural Areas

Abstract

Land tenure is central to sustainable land management for it encompasses ways in which rights to land are not only acquired but also ways in which they are used, maintained, transferred and managed. Land tenure is an important part of the social, political and economic structures of any society. It is multi-dimensional, incorporating people’s recognized ability to not only own land but also how they use, control and manage it. This chapter focuses on the role land tenure systems play in sustainable land management with special reference to Kenyan rural areas. In Kenya, interests in land broadly fall under two categories: rights that are held through traditional African systems and rights derived and maintained through laws enacted by the colonial government that were later adapted and in some instance revised by the country’s legislative body. The former is commonly referred to as customary law and the later as the statutory law and is expressed through various statutes/Acts of Parliament. The different land tenure systems have been evaluated by holistically paying attention to the advantages and disadvantages of each system. Key issues related to land tenure systems and the effect each system has on sustainable land management are discussed. To evaluate the effect of each system, the basic principles and the foundation on which sustainable land management is developed, namely: productivity, equitable access to land, protection/security of land rights, economic viability, environmental viability and social acceptability were adopted. Secure tenure systems – whether statutory or customary – were observed to be structured, well-defined and enforceable in a formal judicial system or through customary structures in a community. They form a cornerstone for economic growth, economic development, an incentive for investment amongst other benefits, while insecure rights lead to conflict, instability and the neglect of land. Clear and generally accepted regulations on the use of land aid in reducing the risk of overuse and degradation all of which affect the environment negatively.