HOW CAN WE SECURE LAND TENURE RIGHTS IN INFORMAL SETTLEMENTS IN KENYA?

Securing land tenure in informal settlements in Kenya is a challenging but important issue. Many people in these areas live without official recognition of their land rights, which makes them vulnerable to eviction, land grabbing, and other forms of displacement. But there are ways to change this, and a combination of legal, community-driven, and technological approaches can make a real difference.

1. Strengthening Legal Frameworks and Policies

• Clarifying Ownership and Rights: A lot of people living in informal settlements don't have clear land titles, which puts them at risk of unwarranted dispossession by unscrupulous land dealers. Streamlining processes for land registration and creating pathways for informal settlers to secure legal recognition of their land is crucial. Policies like the National Land Policy and Land Act 2012 are a good starting point but need to be expanded to focus specifically on tenure rights in informal settlements.
• Community Participation: Informal settlements often have informal local governance structures. The role of chiefs, elders, and community leaders should be integrated into the formal process of land registration. Local leaders like Chiefs and community elders play a key role in conflict resolution and management in informal settlements. Involving them in land registration efforts ensures the process is inclusive and works for everyone in the community without unnecessary discrimination based on gender, age, sex or marital status.

2. Community Land Titling

• Community Ownership: Through the Community Land Act, 2016, communities can apply for land titles together, rather than as individuals. This is especially helpful in informal settlements, where land is often used collectively. It helps protect residents from being displaced or exploited by outside interests. This could help residents in informal settlements gain formal recognition of their rights, provided they form legal entities such as community land trusts to manage land.
• Land Regularization: In Kenya, much of the land is held in trust by the government or community. Clear and inclusive policies should be developed to ensure that informal settlers are not dispossessed through land grabs or other illegal means. Offering a process for informal settlements to apply for formal recognition of their land can help ease tensions and reduce disputes. It allows communities to gain security over their land and build more stable futures.

3. Technology and Innovation

• Using Digital Tools: Kenya is already using digital platforms like Ardhi Sasa for land registration in some areas, and this can be expanded to informal settlements. With online systems, land documentation becomes more transparent and less susceptible to corruption or manipulation.
• Mapping the Settlements: Technologies like GIS (Geographical Information Systems) can help map out informal settlements, identify boundaries, and clarify land ownership. This not only helps secure tenure but also supports future urban planning.
• Blockchain for Land Records: Blockchain technology can offer a transparent and tamper-proof way to secure land titles, helping to prevent fraud and provide a digital record of land ownership.

4. Engagement with Civil Society

• Community Advocacy: NGOs and Legal Aid organizations like Latewa International-NGO, Strathmore Law Clinic (SLC) and Law & Justice Initiative (LAJI- CUEA) can play a critical role in educating people about their land rights. These groups can also advocate for policy changes that benefit residents of informal settlements.
• Building Capacity: Educating community members about the legal process governing land tenure, registration and ownership, their rights, and the ways they can protect their land gives them the tools to fight for their own security.

5. Affordable Housing Programs and Upgrading

• Incremental Housing Solutions: Government and Non-Governmental Organizations (NGOs) can implement programs like affordable housing or slum upgrading projects that provide residents with a mix of security of tenure and improved living conditions. Projects like Kenya's Big 4 Agenda on affordable housing should be expanded to specifically include informal settlements.
• Housing Cooperatives: Encouraging informal settlers to form housing cooperatives that can apply collectively for land titles and development resources. This provides a more robust legal framework for securing tenure.

6. Improving Basic Infrastructure

• Provision of Basic Services: Provision of water, sanitation, and electricity can be linked to tenure security, as residents with access to formal services are less likely to be evicted. Once communities can prove the value of their investment in the land, it strengthens their claims to tenure rights.
• Land Use Planning and Zoning: Urban planning that includes informal settlements within the broader city framework can help integrate these communities into the formal city structure and provide long-term land security.

7. Community Mobilization and Political Goodwill

• Civic Engagement: Communities should be empowered to advocate for their land rights, not just through formal channels, but also by engaging with local leaders and policymakers. This helps to ensure that their voices are heard and that their concerns are addressed at all levels.
• Political Support: Securing land tenure is an issue that requires the backing of political leaders. Advocacy for better land policies and reforms should be an ongoing conversation to ensure the needs of informal settlers are met.

8. International Support

• Collaborating with Global Partners: Organizations like UN-Habitat, Global Land Tool Network (GLTN) and the World Bank provide support and resources to help improve land tenure security. Their involvement can help introduce new ideas, funding, and expertise to make the process smoother.
• Microfinance for Land: Providing microfinance opportunities that enable residents to pay for land registration, or improvements, would give them the financial means to formalize their tenure.

Conclusion

In the end, securing land tenure in informal settlements is about more than just legal documents; it's about giving people the security, dignity, and stability they need to build their futures. By combining legal reforms, community efforts, technology, and political support, Kenya can begin to address these challenges and ensure that no one is left vulnerable or displaced from the land they’ve made their home.

How do you feel about these ideas? Do you think any of them could work well in Kenya’s context?