Time and title deeds in post-reform agrarian Kenya

Abstract

AbstractThe ‘title deed fix’ – resurgent globally since the 1990s – is part of a wave of market-led agrarian reforms whose outcomes have been mixed. Kenya was the first African country to experiment – starting six decades ago and continuing today – with state-mandated formal land registration and private titling. Today it is among a handful to begin a transition to a digitized land registry. Behind both paper and electronic land documents, however, is a persistent temporal fiction that undergirds state-backed title registries – namely, a constructed present that is out of sync with intersecting biographical and structural temporalities, and that can efface socially recognized pasts, commitments or testimonials. We analyse some consequences of those temporal dissonances, unstable rights durations, and an ensuing limbo that can last decades, through family land stories shared with us during long-term ethnographic research in Kenya’s fertile central highlands. Especially vulnerable to temporal erasure and dispossession when title deed limbo spans decades are divorced or single women and their children, particularly as farmland and non-agricultural employment become more scarce and land markets overheat. Multitemporal family narratives powerfully illustrate why title deeds of any age are best taken as provisional truths rather than legal certainties, and why tenure security is an unstable and reversible process rather than a present or absent condition.