Public Presentation On Land Bill 2012 At Lodwar On 19 th March 2012

1. TURKANA TECHNICAL NETWORK Public Presentation On Land Bill 2012 At Lodwar On 19th March 2012 http://turkanatechnet.wordpress.com

2. LAND BILL 2012 MANAGEMENT OF COMMUNITY LAND:Article 63 of Constitution of Kenya \

3. Community land (Turkana Land) • Turkana land is estimated to cover 77,000 Sq. Km with population 855,365 (2009 Census) • Historical perspectives: pre-colonial, colonial and post colonial, recognize and base traditional ownership, administration and management of land in Turkana on 19 territorial grazing sections. • Primarily, land use practices are centered on livestock production through pastoralism and agro-pastoralism which is increasingly being practiced along main Rivers in Turkana County.

4. Turkana land con’t • Technological advancement has revealed other economic land use practices in Turkana, apart from pastoralism, as; mining, archeology, irrigation, wildlife, tourism, real estate etc • The new land use practices are rapidly replacing the primary land use planning strategies in which livestock production was key. • Large tracks of pastoralists of land are now under new management, people, innovations and investments • Pastoralists who are the traditional land users are settling down with majority of them languishing in abject poverty around settlement areas

5. Land ownership and Management • The constitution of Kenya Article 63 clause (2) provides what community land consists of. Traditionally, Turkana community land is managed by 27 clans (family brands) distributed in 19 territorial grazing sections • In The Turkana Community, land ownership system is clear. All places fall under territorial sections, owners and traditional land management practices are well known and some are documented: For instance: water points, River crossings points, Mountain passes, Grazing areas, Farming/apiary areas etc.

6. Recommendations • Land use, administration, management and planning practices employed by the 19 territorial grazing sections be incorporated. • Turkana land belong to 19 territorial grazing sections. The bill should recognize this and provide clause that will enable these territorial sections have their respective land titles. • For equitable resource sharing, we recommend laws that will ensure that what the county gets from land revenue be shared among members of the 27 family brands spread among the 19 territorial sections forming Turkana people .

7. Recommendations • The bill should state how shareholding agreements between the community, the government and private investors should be conducted. • The bill should provide for traditional land ownership to protect both the majority and the minority land owners in the community e.g. the Pastoralists, Agro-pastoralists, fisher flock, hunters and gatherers . • Research be conducted to establish traditional land ownership and management structures with a view of providing land titles to rightful owners.

8. Recommendation cont….. • In order to protect and ensure minority communities benefit from their natural land resources, the bill should state clearly that: ownership of community land and natural resources/wealth are primarily for the community on which the land belongs. • The bill should recognize both indigenous and modern processes, procedures and rules of land registration and ownership. • Provisions for county government land management and community land administration and management should be representative and autonomous enough to avoid clash of interests in land. • Commissioners for the Land Commission to be sourced from each of the 47 counties. An equal number of commissioners be appointed from each county, we propose two commissioners per county. • On Community Land Bill, we suggest a Community Land Management Authority (CLMA) to be created for each of the 47 counties. • The CLMA should be composed of representatives of county communities with functional ward-level units.

9. THANKs YOU ALL http://turkanatechnet.wordpress.com • GOD BLESS TURKANA COUNTY • GOD BLESS KENYA