Participatory Grassroots Communities Public Land Mapping Guide
2
1. Public land 2. Private land 3. Community land 1. The Land Act (2012) 2. The Land Registration Act (2012) 3. The National Land Commission Act (2012) 4. The Environment and Land Courts Act (2011) 5. The Urban Areas and Cities Act (2011) 1. Parking area 2. Recreational areas 3. Roads & Road reserves 4. Cemeteries 5. Water points 6. Public learning institutions 7. Public Health Centres 8. Places of worship & Holy grounds Population of Kenya 41.8 Million (2013) up from 8.1 Million In 1960 Kenya’s surface area 582,646Km 2 only 20% classified as medium to high potential land (NLP, 2009) All land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals (Constitution of Kenya 2010 (Article 61 – 1) Only less than 10% of the Country’s land is arable (FAO 2012) Public land has been occasioned with illegal/ irregular allocations and encroachment Most common form of land acquisition is inheritance followed by purchase Enactment of the National Land Policy (2009) Enactment of the Constitution of Kenya 2010 Establishment of the National Land Commission (NLC) Recognition of community members as key stakeholders in the administration and management of public land (NLP 61) The Land Registration Act (2012) provides for the establishment of a central land registry Spousal rights now recognised as overriding interests (Land Registration Act, Sect 28(a)) PROJECT BACKGROUND COUNTRY STATISTICS LAND REFORMS IN KENYA WHY PUBLIC LAND? WHY PUBLIC LAND? The project goal is to support grassroots women to lead Lari Sub-County community members in mapping available public land. It promotes effective participation of community members in the development of a model that details how grassroot communities can be engaged in the development of an inventory of public land in Kenya as guaranteed in the constitution and National Land Policy. Effective engagement of community members will lead to their knowledge on available public land and how they can contribute to safeguarding it from illegal and irregular allocation/acqusition. The information on available public land is stored in an inventory that is easy to share and retrieve. Public land is a shared resource that guarantees community members access to adequate, quality basic services such as healthcare, education and others. 1. NLP (61B) provides for the NLC to develop a comprehensive public land inventory 2. NLP (61F) Provides for participatory and accountable mechanisms for the allocation, development and disposal of public land 3. NLP (197) provides for the participation of community members and vulnerable groups in decision making on public land and land based resources Public land hosts essential facilities such as health centres, learning institutions, roads, recreational facilities, cemeteries and water resources among others. How can grassroots community members participate in the administration and management of public land? Through the participatory public land mapping process /model. Categories of land in Kenya Acts of Parliament governing land in Kenya Categories of Public Land GROOTS Kenya invests in enhancing capacities of communities to advocate for and drive demand for change. Our approach focuses on bringing about transformative change spearheaded by grassroots women. We believe that empowering women in their sphere of influence initiates and provides a firm foundation of sustaining the various development efforts even after projects phase-out. 3 5 8
-
Upload
anyonasimon -
Category
Government & Nonprofit
-
view
25 -
download
0
Transcript of Participatory Grassroots Communities Public Land Mapping Guide
1. Publicland2. Privateland3. Communityland
1. TheLandAct(2012)2. TheLandRegistration
Act(2012)3. TheNationalLand
CommissionAct(2012)4. TheEnvironmentand
LandCourtsAct(2011)5. TheUrbanAreasand
CitiesAct(2011)
1. Parkingarea2. Recreationalareas3. Roads&Roadreserves4. Cemeteries5. Waterpoints6. Publiclearning
institutions7. PublicHealthCentres8. Placesofworship&
Holygrounds
PopulationofKenya41.8 Million(2013)upfrom8.1 MillionIn1960Kenya’ssurfacearea582,646Km2 only20%classifiedasmediumtohighpotentialland(NLP,2009)AlllandinKenyabelongstothepeopleofKenyacollectivelyasanation,ascommunitiesandasindividuals(ConstitutionofKenya2010(Article61–1)Onlylessthan10% of the Country’s land is arable(FAO2012)Public landhasbeenoccasionedwithillegal/ irregular allocations and encroachmentMostcommonformoflandacquisitionisinheritancefollowedbypurchase
EnactmentoftheNational Land Policy (2009)EnactmentoftheConstitution of Kenya 2010EstablishmentoftheNational Land Commission (NLC)Recognitionofcommunity membersaskey stakeholdersin the administration and managementofpublicland(NLP61)The Land Registration Act (2012) providesfortheestablishmentofacentral land registrySpousal rightsnowrecognisedasoverridinginterests(Land Registration Act, Sect 28(a))
PROJECT BACKGROUND
COUNTRY STATISTICS LAND REFORMS INKENYA
WHY PUBLIC LAND?
WHY PUBLIC LAND?
TheprojectgoalistosupportgrassrootswomentoleadLariSub-Countycommunitymembersinmappingavailablepublicland.ItpromoteseffectiveparticipationofcommunitymembersinthedevelopmentofamodelthatdetailshowgrassrootcommunitiescanbeengagedinthedevelopmentofaninventoryofpubliclandinKenyaasguaranteedintheconstitutionandNationalLandPolicy.Effectiveengagementofcommunitymemberswillleadtotheirknowledgeonavailablepubliclandandhowtheycancontributetosafeguardingitfromillegalandirregularallocation/acqusition.Theinformationonavailablepubliclandisstoredinaninventorythatiseasytoshareandretrieve.
Public land is a shared resource that guaranteescommunitymembersaccess toadequate,qualitybasicservicessuchashealthcare,educationandothers.
1. NLP (61B) provides for the NLC to develop acomprehensivepubliclandinventory
2. NLP(61F)Providesforparticipatoryandaccountablemechanisms for the allocation, development anddisposalofpublicland
3. NLP(197)providesfortheparticipationofcommunitymembersandvulnerablegroupsindecisionmakingonpubliclandandlandbasedresources
Public land hosts essential facilities such as health centres, learning institutions, roads, recreational facilities, cemeteries and water resources among others.
Howcangrassrootscommunitymembersparticipateintheadministrationandmanagementofpublicland?
Through the participatory public land mapping process /model.
Categories of land in Kenya
Acts ofParliamentgoverning land inKenya
Categories of Public Land
GROOTS Kenya invests in enhancing capacities of communities to advocate for and drive demand for change. Our approach focuses on bringing about transformative change spearheaded by grassroots women. We believe that empowering women in their sphere of influence initiates and provides a firm foundation of sustaining the various development efforts even after projects phase-out.
358
Acts of Parl iament Connected to Land:
Purpose:
The Land Act, 2012 To revise, consolidate and rationalize all the land laws in Kenya to provide for the sustainable administration and management of land and land based resources
The Land Registration Act, 2012
Consolidates and rationalises registration of all Titles to Land to give effect to the principles of the Constitution of Kenya and spirit of the devolved system of government
National Land Commission Act, 2012
Outlines the functions and powers of the Commission, structures to be established under the Commission, qualifications and procedures for appointment to give effect to the principles of devolved government in land administration and management
The Environment and Land Courts Act, 2011
Establish a superior Court to hear and determine all disputes relating to the environment as well as the use, occupation of and Titles to land in Kenya
The Urban Areas and Cit ies Act, 2012
Provide for the, classification, governance and management of urban areas and cities and related criteria as well as provides for active participation of residents in the management of these areas
GROOTS KenyaBeverly Court, Marcus Garvey Rd – Off Argwings Kodhek Road, P.O. Box 10320 – 00100 Nairobi, Kenya
Tel: +254-720 898222/ +254 734 365566E-mail: [email protected]: www.grootskenya.org
7 STEPS IN PARTICIPATORY COMMUNITY LED PUBLIC LAND MAPPING
Sample Public Land Mapping Outputs Public Land Inventory
Key Stakeholders and their Role in Administration and Management of Public Land
Acts of Parliament related to Public Land Administration and Management in Kenya
OUTPUTS & OUTCOMES OF COMMUNITY-LED PARTICIPATORY MAPPING PROCESSSS
CommunityledMappingofpubliclandinLariSub-CountyandproductionofthesematerialswasmadepossiblebyagrantfromtheEmbassyofSwedenthrough
Outputs Outcomes
1. Physicalpubliclandinventory
2. Interactiveonlineinventorywithgeographicreferencesofstorageofinformationofmappedpublicland
3. Printmapswithgeographicalvisualreferencesofpublicland
1. Enhancedcapacitiesofgrassrootscommunitymembersespeciallywomen
2. Increasedawarenessonpubliclandbycommunitymembers
3. Voluntarysurrenderofpubliclandbyindividualsandinstitutionsutilizingthemforprivateuse
4. Storageandcontinuousdisseminationofpubliclandinformationforposterity
Stakeholder Mandate and Functions: Community < To actively participate as principal and interested parties in the administration and management of public
land Ministry of Lands, Housing and Urban Development
< Providing policy direction and coordinating all matters related to lands, housing and urban development such as physical planning, survey and mapping, land registration and transfer among others
National Land Commission (NLC)
< To manage public land on behalf of the national and county government in accordance with Article 67 of the Constitution
County Government < To maintain a register of all public land within its jurisdiction (developed in collaboration with all relevant stakeholders key of which include community members and the NLC)
< To collect applicable land rates payable by residents (Constitution of Kenya, 209 (3) < Act as a custodian of all public land on behalf of the national Government
County Land Management Boards
< To carry out all the functions of NLC at the County Level
!
No: Land Reference: Land/Plot Ref. No: Acreage: Original Intended Purpose:
Current Use:
1. Elimu Primary LR. 1042 4 Primary School Primary school
2. Mazishi Cemetery LR. No. 2534 2 Cemetery Private development 3. Jamii Dispensary LR. No. 5432 3 Health centre Not being utilised
! Thenamesandreferencesarefabricatedanddonotrefertoactualpubliclandfacilitiesinthecountry.Thefabricationismainlyforthepurposesofthisillustration.
