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CONSENSUS STATEMENT

The consensus statement was formulated from the land and natural resources conference whose theme was “Building Consensus on Commu-

nity Engagement within Land Reforms and Extractive

Sector in Kenya”. It was drawn from National and County

Governments, Civil Society Organizations, Private Sector,

Community Groups, Development Partners and Research

Institutions representing stakeholders in Land and Land,

Natural Resources and Extractive Sector.

The statement highlights key issues in the Land and

Extractive Sector that include;

1. Fast tracking land reforms in the county:The communities disenchantment and frustra-

tions with the status of land reforms and the future it

portends for them is demonstrated by increased violent

land related conflicts in the country for instance; Lamu,

THE VISIONA peaceful, inclusive and

just society

THE MISSIONTo entrench a sustainable peace movement through active and inclusive public participation and a culture

of constitutionalism in Kenya.

CORE PILLARS• Constitutionalism

• Inclusiveness

• Movement building

THEMATIC AREAS• Women Participation

and Empowerment

• Media Engagement

• Peace and Security

• Land and Natural Resources

• Youth Participation

Kapedo, and Isiolo among others. To

address this situation before it degener-

ates further, the following proposals were

made;

Enactment of Bills by August 2015:

The Bills include Community Land Bill,

Mining Bill, Natural Resource (Benefit

Sharing) Bill, Eviction and Resettlement

Bill and Historical Land Injustices Bill.

Institutional Conflict Resolution

Resource Allocation to Land Reforms

Dialogue Forums

Alternative Dispute Resolution and

Traditional Dispute Resolution Mecha-

nisms

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2.Promoting Community engagements in land reform process.

The success of land reforms is always determined

by community involvement and empowerment to

be the drivers of the reforms. The conference iden-

tified and agreed on the following interventions;

Participation and Access to Information

Legislation

National education programme

Strategic Communication

Enhancing trust in public institutions

3.Establish and promote the use of Alterna-tive Dispute Resolution Mechanisms and Traditional Dispute Resolution Mechanisms:

To speed up justice for communities, it is important

to apply Alternative Dispute Resolution mecha-

nisms such as negotiations, mediation and arbi-

tration, traditional dispute mechanisms which are

consistent with the constitution.

The following was agreed;

Alternative Dispute Resolution framework

Documentation

Recognition

Civic education

Inclusivity

4.Address women land rights as a priority for equitable and sustainable development:

Judiciary: The judiciary to speed up cases

related to women land rights and women

offenders who commit petty crimes related to

land claims to get non-custodial sentences.

Equal rights: Appropriate legal measures to

ensure men and women are entitled to equal

rights to land and land based resources during

marriage upon dissolution of marriage and

after death of the spouse.

Civic education: Undertake civic education on

women land rights in order to increase aware-

ness and knowledge.

Data: Document and avail disaggregated data

on women land ownership in order to secure

and entrench access to land.

Increase ownership: Sensitize women on the

importance of owning land themselves and not

only through affiliation and lineage.

For more information on the consensus statement

follow the link http://tuvuke.org/confere…/docs/

LNRC_Consensus_Statement.pdf

By RECONCILE

The quest to manage natural

resources sustainably defines

the need to develop structures

and frameworks through which differ-

ent stakeholders are able to participate

effectively in resource governance

and management. With the advent of

collaborative natural resource manage-

ment, communities, Government,

investors, research institutes among

others are expected to work together

with each stakeholder playing a

defined role in the management of the

resources.

The last two decades have witnessed a paradigm shift

from a state centered management of resources to a

people based resource management. These efforts have

been made with the purpose of increasing community

participation in decision making to capitalize on the bene-

fits accrued. While this has been the case the quality and

level of communities participation in the decision making

processes is still questionable.

The chairman and Secretary Mkungi Kitiri WRUA taking participants through the process of the

changes in water resource management

Tree nursery project established for rehabilitation of the Naivasha catchment

ENHANCING COMMUNITIES’ PARTICIPATION IN NATURAL

RESOURCE MANAGEMENT

and regional levels. In this connection

RECONCILE has worked closely with

communities and stakeholders drawn

from Naivasha and Yala. Communi-

ties’ participation has been witnessed

through the rehabilitation of degraded

ecosystems, engaging the govern-

ment and influencing decision making

processes. In Yala communities have

taken lead in mapping their resources

and identifying strategies to address

community based conflicts. This is

attributed to the capacity development

initiatives which have strengthened their

skills in negotiating for and building a

case to address a particular course.

Other notable changes include the

building a pool of community resource

persons who are key in training and

creating awareness on policies and laws

on NRM. A case in point is the Mkungi

Kitiri WRUA who have taken it upon

themselves to educate their members

on the provisions of the Water Act.

One of RECONCILE’s strategic objective is to strengthen

the capacity of communities and local institutions to

effectively participate and monitor the implementation of

natural resource management policies at local, national,

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ISSUE 004: APR - MAY 2015

Kenyan farmers tilling their land (Photo: www.cafod.org.uk)

By RECONCILE

Land governance in Kenya has been dualistic

for a long time recognizing both the formal

and informal systems. With the existence

of the dualistic system, the challenge is not to

eradicate one in favor of the other but to create

linkages between these two systems that will

provide security of property rights and allow indi-

viduals, communities and corporate structures the

opportunities to make transactions between these

systems, and opportunities to upgrade or trans-

form property rights (USAID, 2008).

Recognizing the pivotal role that land plays in

defining livelihoods and livelihood activities,

RECONCILE has engaged actively in the develop-

ment of both the land policies and laws to improve

land governance, natural resource management

and sustainable economic development in the

country. The organization played an active role in

the drafting and finalization of The National Land

Commission Act 2012, The Land Act 2012 and The

Land Registration Act 2012.

Community land forms the biggest chunk of land

in Kenya. Going by the constitutional provision on

what constitutes community land, a reasonable

estimation places community land to constitute

about 66% of the country. There is no compre-

hensive policy and legislation framework for the

administration and management of this land.

Starting May 2012, RECONCILE engaged in the

following to facilitate and support community land

law development process:

♦ Held consultative meetings with key stake-

holders like the then Ministry of Lands through

LRTU (Land Reforms Transformation Unit),

Project SECURE and others to agree on the

conceptual framework for the development

of community land law. One critical thing

that these meeting helped to address was the

methodology to be used in the development

of the Community land Law i.e. whether to

adopt the Task force approach, or the working

TAKING THE STEPS: TOWARDS THE FINALIZATION OF COMMUNITY LAND BILL

group or any other. At the end of the day the

task force approach was decided on.

♦ In July 2012 RECONCILE held community land

law development reflection workshop with

civil society organizations and other stake-

holders’. The aim of the workshop was to

inform the civil societies on the process and

the status to stimulate a strong discourse on

how the bill should be developed and the

action points.

♦ Joint consultative meetings between the civil

society organizations and the Task force were

also organized to share reflections, give inputs

on key things the bill should address and how

the bill should look like. A team of experts was

put in place to explore key areas and develop

policy briefs for submission to the Task Force.

♦ RECONCILE offered support to the Task Force

to meet and finalize the Community Land Bill

after the final public submissions in November

2013. This meeting was strategic in the revi-

sion of the 2013 draft bill.

♦ Another meeting was held in February 2014,

at Manzoni Hotel and RECONCILE made the

final submission after analyzing the 2013

version against what communities wanted to

be included in the bill.

In addition to the national processes RECONCILE

has also facilitated County based forums to propel

the land debate forward in particular the land use

planning and management. Such exercises have

been conducted in Baringo, Isiolo, Makueni and

Marsabit Counties.

Recognizing the pivotal role that land plays in defining livelihoods and livelihood activities, RECONCILE has engaged actively in the development of both the land policies and laws to improve land governance, natural resource management and sustainable economic development in the country.

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ISSUE 004: APR - MAY 2015

By Charles Otieno

The Independent Electoral and Boundaries Commission launched a voter educa-

tion project for schools on 27th March, 2015. The launch was graced by many

stakeholders that included Tuvuke Initiative.

Speaking at the event, IEBC Vice Chairperson Lilian Mahiri-Zaja noted that the

Commission has established a partnership with the Ministry of Education and Kenya

Institute of Curriculum Development to realize the goals of this project.

The project is funded by the Canadian Government through

the International Foundation for Electoral Systems (IFES). It is

meant to nurture democracy in young Kenyans. Implementa-

tion of the project will include:

• Developing a curriculum and curriculum support materials.

• Piloting the curriculum in selected schools.

• Training teachers and students on the curriculum and

handbooks.

• Establishing the best platforms to engage the young

people in schools.

• Rolling out the curriculum in schools nationally.

Ms. Mahiri-Zaja also indicated that IEBC will work within the

existing structures of the Ministry of Education, including

County Directors of Education, District Education Officers,

Student Government and Student Councils. She assured the

stakeholders that the Commission will consult widely and

incorporate already existing initiatives.

On his part, IEBC CEO Ezra Chiloba said that the project was

forward looking and intends to foster understanding of the

electoral process and develop leaders of integrity from an early

age.

LAUNCH OF VOTER EDUCATION FOR SCHOOLS PROJECT

Vice chair of the IEBC, Lilian Mahiri-Zaja, CEO Ezra Chiloba with students from Nairobi High School and GSU Primary School during the Launch of

Voter Education for Schools Project.

County Experience by the County Land Management Board secretaries: BaringoThe county is endowed with a host of natural

resources, they include: arable land, forests,

wildlife, seasonal rivers, lakes, geysers and

hot springs; Tourist attractions such as Lakes

Baringo and Bogoria, Ol Kokwe Island, Ruko

Conservancy, Escarpments and Economic

Activities such as pastoralism, mixed farming,

and sand harvesting.

The Baringo county government is in process

of purchasing survey equipment to ease the

collection of data. It is also in the process of

identifying partners to conduct Land Use

Planning in various Locations.

Challenges at the county reflect issues

at the national level which include the

absence of proper guidelines for county

governments. As such some of the

changes included;

♦ Failure to implement the plans

♦ Political Interference

♦ delay of approval of the plan

♦ Lack of planning data

♦ Lack of proper land ownership

rights

♦ Massive encroachment of space

reserved for public utilities

♦ Boundary disputes and inade-

quate funds.

RECOMMENDATIONS

♦ Capacity building and participation in land use planning

may be realised through coordinated stakeholders’ part-

nership.

♦ Politicians and all other leaders be included in the train-

ing and in decision making process. Planning should

not be limited to the urban centres only as the case of

Baringo where most planning done is to the urban areas.

♦ Adequate funds be set aside for the purpose of planning

for the entire county as it is an expensive process and lack

of funds may result to faulty plans.

♦ Development controls be put in place to curb over-subdi-

vision of Agricultural land. This is not only in the case of

agricultural land but all land.

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ISSUE 004: APR - MAY 2015

WORKSHOP ON WOMEN’S ROLE IN PEACE BUILDING & CONFLICT

TRANSFORMATION IN KENYA

By Victoria Nagwalla

The Agency for Co-operation and Research in

Development (ACORD) and UNDP organized

a workshop on March 30th and 31st 2015 that

brought together women, stakeholders, experts and

partners drawn from the areas of peace and security.

The workshop was on Women’s Role in Peace Build-

ing and Conflict Transformation in Kenya and Tuvuke

Initiative was privileged to be among the participants.

During the workshop it was noted that conflict has

been termed as a gendered activity. The experience

of men and women in situations of tension, war

and post-conflict reconstruction has been markedly

differently. Throughout history, conflict has exacted

a disproportionately high toll on women and other

Some of the highlights of the workshop were;

1) A shared understanding of women’s role in

peace-building and conflict transformation in

Kenya;

2) Providing feedback to government peace and

security agencies on the effectives of policies

and programmes targeted at peace-building,

national cohesion and reconciliation; and

3)  Developing an understanding of the global

development process as envisaged in the

proposed sustainable development goals

with specific reference to Goal 16 on peace,

justice and governance and the UN Reso-

lution 1325 on the role of women in peace

processes.

vulnerable groups comprising children, youth

and people with disabilities. There are critical

cross-cutting causes of conflicts particularly

land ownership, ethnicity and resources-based

competition. However, several other important

indicators contributing to the conflicts including

cultural practices, boundaries, proliferation of

small arms as well as bad politics (incitement

and politics of exclusion).

It was also noted that women are victims of

unbelievably cruel atrocities and injustices

in conflict situations. As refugees, internally

displaced persons, heads of household and

community leaders, as activists and peace

builders, women and men experience conflict

very differently.

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ISSUE 004: APR - MAY 2015

PHOTOS: LAND AND NATURAL RESOURCES CONFERENCE 2015

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ISSUE 004: APR - MAY 2015

TUVUKE INITIATIVEHosted at

Kenya Women Holding - Head Office

Physical Address: Ngong road, off Mucai drive

Office Cell: +254 (0)738 910 000 / 727 910 000

Fixed Line : +254 (0) 20-2573988

Website: www.tuvuke.org

IMPLEMENTING PARTNERS 1. African Woman and Child Feature Service (AWC)

2. Association of Media Women in Kenya (AMWIK)

3. Centre for Conflict Resolution (CCR)

4. Centre for Rights and Education Awareness (CREAW)

5. GO-SHENG Services

6. HATUA Trust

7. IL’Laramatak Community Concerns (ICC)

8. Kenya Land Alliance (KLA)

9. Kenya Women Holding (KWH)

10. Men for Equality of Men and Women (MEW)

11. Muslims for Human Rights (MUHURI)

12. Smart Citizens

13. Twaweza Communications

14. Ujamaa Center

15. Women Empowerment Link (WEL)