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Proceedings of the Consultative Workshop on Pastoralists, Land and the State in Eritrea. May 9 - 11, 1996 , Keren, Eritrea. |
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Researcher: Peter Karinge
The question of land tenure in Kenya is a complex one because of the different systems that exist side by side. This state of affairs has contributed in a significant way towards environmental degradation and the depletion of natural resources.
There are three systems of tenure: customary tenure, individual tenure and public tenure. But, the author argues, this multiplicity of systems allows for flexibility building on the strengths of these tenure regimes and eliminating their weaknesses.
Registration of land provides an opportunity for preparing a land tax system as well as a chance to establish a land resource inventory to monitor the nature and quality of land in the different ecological regions. A number of lessons and recommendation are made including:
In arid and semi-arid lands emphasis should be to build on the systems which are known to succeed in this environment. All land use legislation needs to be reviewed in order to manage the environment more effectively.
It is acknowledged that the questions of land degradation and property rights are linked. Both common and private property regimes appear to provide viable solutions depending on circumstances and customary and modern aspects of tenure try to exist side by side.
Land tenure and land use policies should aim to devolve control over natural resource to local level to achieve sustainable resource management.
Community institutions must be recognised in legislation of land administration to allow more direct participation.
Legal administrative and institutional reforms are needed to support land reform processes to do away with the contradictions and gaps in land administration.
The Keren workshop report includes minutes of the 3 working groups. |