Community Land Registration in Kenya, Tracing the Progress Towards Equity, Accountability, and Tenure Security

Context and background


Community Land Protection in Kenya gained traction with the enactment of the Community Land Act in 2016. The stakeholders, comprising state and non-state actors, have since made significant progress, registering 15% of community land.  NAMATI is one of the non-state actors who have been actively involved in supporting registration of community land in Kenya. Through its Land, Environment and Climate Change program, NAMATI has supported 28 of which fulfilled the legal requirements and 10 received their title deeds.  The programme is premised on the fact that securing land rights within community land advances communities’ socio-economic development, accelerates achievement of sustainable development goals and the meeting of international commitments on climate, biodiversity and other social and environmental imperatives.


This paper, through the findings from Retrospective Outcome Assessment, evaluates the impact of the Environment and Climate Change programme, in supporting tenure security, accountability and inclusion of marginalized groups in community land governance, among communities in Laikipia, Isiolo and Samburu Counties.


Goal and Objectives:


The overall objective of the study was to assess the impact of the program among the Communities in Laikipia, Isiolo and Samburu Counties. The specific objectives were to: Assess the extent to which the program has improved accountability in decision-making; Establish the level of inclusion of women in the Community Land Governance and Management; Assess the extent to which the program has improved land tenure security; and identify the barriers and influencing factors to sustained outcomes.


Methodology:


The study employed largely a qualitative approach. Primary data collection methods included 14 Focus Group Discussions (FGDs) with men and women, Key Informant Interviews (KIIs) with community leaders, government officials, and NGO representatives, direct observations of community meetings, and an extensive document review including by-laws, meeting minutes, community agreements, and legal documents. A participatory research approach was emphasized throughout, with community members, local paralegals, and stakeholders engaged during tool development, data collection, and validation of findings.


A total of seven communities in three counties were purposefully sampled, representing a cross-section of trust lands and former group ranches. All had either received their community land title deeds or made significant progress in the legal registration process.


Results:


The study established that communities in Laikipia County had relatively strong accountability mechanisms, contrary to communities in Isiolo, where the role of elders—while culturally significant, often overshadowed the legal responsibilities of the interim Community Land Management Committees (CLMCs). The inclusion of women in land governance emerged as both a significant achievement and an ongoing challenge. In communities such as Musul and Shulmai in Laikipia County, women played active roles in by-laws development, occupied leadership positions within CLMCs, and regularly participated in decision-making forums.  However, in Tuale and Longopito in Isiolo County, women’s participation remained limited by deep-rooted patriarchal norms, with the role of interim CLMCs being overshadowed by cultural structures and norms.  The study further established that cultural perceptions that women, especially unmarried or divorced women, should not be included in land registers persisted across the communities.


The study analyzed how communities negotiated with external actors such as investors, conservancies, and government agencies. It established that registered communities reported a clearer understanding of their land boundaries, stronger internal dispute resolution mechanisms, and a greater ability to negotiate with outsiders from a position of legal legitimacy. Several communities are using their by-laws to guide negotiations with external actors, rejecting or re-negotiating deals that were previously informal or exploitative. Some communities have also benefitted from revenue generated through grazing fees, eco-tourism, and carbon credit programs, further reinforcing their autonomy and stewardship of land resources.


Conclusion and Recommendations


The study established that overall, the programme has improved land governance, increased legal awareness, and enhanced participation of the marginalized in the community. At the same time, it highlights the uneven implementation of legal mandates, the dominances of patriarchal customs, and the need for more robust support systems for the communities.


The study, therefore, recommended the need to sustain the gains made through continued capacity building, legal empowerment, and mechanisms for monitoring and evaluating community land governance. Furthermore, there is need to align customary norms with statutory frameworks and fast tract registration of former trust lands to improve inclusivity, accountability in decision-making and land tenure security.