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Contacts   +254 726 603 528

+254 041 231 8854

+254 725 32 86 24

info@shirikishopartykenya

Shirikisho Party of Kenya, P.O. Box 84648-GPO 80100 Mombasa Office, Githere Plaza, first floor Haile-Selassie Avenue.

Land Settlement

The problem.
Kenya is endowed with rich and fertile land, which is a vital resource to the nation. However, since the colonial era this resource has been unequally and unjustly distributed and mismanaged. In the pre-colonial time all land belonged to the communities. However, the colonial land policy was discriminatory favoring the white settlers to own the productive land and enabled them to fully exploit or use the said land. The natives were left to the unproductive reserves within any assistance.

Colonialism, whose primary objective was the exploitation of  resources, including labour and land, was based on the erroneous assumption that indigenous people had no right of ownership over land. To achieve their objectives, the colonial masters established a property regime whose major thrust was to place all land in the hands of the crown through the Governor.

The ultimate ownership, or radical Title, was vested in the crown. This was given legal legitimacy through the enactment of the crown lands ordinances of 1902 and 1915. It was expected with independence, this inequitable system would radically change. However, this did not happen with key outlines of the powers that colonial state had enjoyed and crown lands simply renamed government lands. The powers hitherto exercised by the Governor with regard to land were transferred to the President and the Commissioner of land as the principal agent. This is probably the category that has continued to generate a lot of controversy with land allocation benefiting tribesmen, family members, political agents and friends.

The country lacks a clear national land policy that gives a general direction to the alienation, allocation and usage of land as a natural resource. Kenya has many contradictory and overlapping laws that have caused confusion and greater social, economic, environmental and political injustice to its people. Some of the injustices caused are; squatting and landlessness, disinheritance of some groups such as women and children and land clashes.

Policy Vision.
Shirikisho envisions a country where the alienation and allocation of land is devolved to the communities within the Regional governments, where every Kenyan has access and opportunity to own land, where irregularly allocated land is repossessed, where historical injustices are corrected, where alienation and allocation of land is based on land use and physical planning and where productivity is essential for national development.
Shirikisho will:

1. Put in place a proper land policy bearing in mind the needs of the local population.

2. Establish Regional Land Commissions.

3. Set up Commission to oversee the acquisition and the redistribution of all grabbed and irregularly allocated land.

4. Establish a resettlement fund to assist the landless and the displaced in acquiring land.

5. Establish special courts that will handle land matters

6. Treat women’s land ownership rights as a fundamental human right.

7. Provide legal recognition of customary land tenure systems to the extent that such laws and practices are not discriminating against women and children.