INTRODUCTION

1.1 The Background of the Study

In most developing countries, the problem of optimum access to land i.e.
access for whom and under what conditions- remain a serious unresolved
issue, frequently with high efficiency and welfare costs, environmental
consequences and explosive political manifestations. Land is typically
misallocated among potential users and worked under incomplete property
or user rights that create disincentives to efficient use.

The starting point for understanding current tenure issues in Sub- Sahara
Africa requires a backwards look at both pre-colonial system of land and
people management, and the ways in which the establishment of colonial
authority affected land tenure system.

The origin and nature of the land question has its roots in the colonial era.
The alienation and acquisition of land, the imposition of English property
laws, the celebration of title in the alienated areas and the introduction of
tenure reforms in the Africans areas/native reserves. The post-colonial state
adoption of the colonial based legal framework of land administration.
Another fundamental factor contributing to the land question is the use of
political patronage for purposes of establishing and sustaining political
loyalty, overtime, deepened the problem of landlessness and made the land
question more complex. (U. Weber, J.K Mutai et al; 2000)

Public land however defined, includes land held by government ministries,

departments, statutory bodies and agencies. It also includes land controlled
and managed by local authorities in townships, municipalities and cities and
that belonging to parastatals or other enterprises wholly owned by the
government. Principally, despite the varied government control over this
category of land, public land is a national resource, the use of which should
be governed by a policy that supports the Government’s macro-economic,
human development and redistribution goal.

Government ownership of natural resources provides for resource access

either through lease arrangements delegation of trusteeship to lower levels
of authority. The primary control retained in the relevant government
ministry and administered though its machinery such as in the case of
Kenya, administrative chiefs and local authorities. The political nature of
organs such as administrative chiefs and local authorities opens up
opportunities for inconsistency in access and insecurity in tenure with limited
channels of redress.( Juma, Calestous and Ojwang J.B 1996)
1.2 The Research Problem
The study will investigate factors that have contributed and continue to play
a fundamental role in promoting illegal and irregular allocation of public land
focusing on Mau Forest Complex as the case study.

The country having experienced a major crisis in public land tenure where
land meant for public purposes had over the years been illegally and
irregularly allocated to private individuals and corporations in total disregard
of the public interest. This policy concern is based on the understanding that
sound public tenure, consequently development imperative depends largely
on the manner in which the country balances private and public land rights.

1.3 Justification
This research has been sparked by the rising need and due to the public
outcry of the degradation of the Mau water towers resulting into massive
suffering of a vast number of people who wholly depend on the resources of
the Mau Forest Complex. On further investigation, it has been determined
that the major cause for this devastation is artificial. On further investigation
on the matter, it has come out clear that the culprits have formed a culture
of allocating themselves and their cronies, land that has been set aside for
public interest across the country. Other such controversial allocations of
public resources include; Karura Forest, Ngong Road Forest……..

This study is set to illuminate the policy formulation and implementation

impact on the land use. It shall endeavor to show how the disjointed
characteristics of the formulation and implementation processes contribute
to poor performance of these policies. The weak policy formulation and
enforcement has failed to harmonize existing land tenure system and the
country’s land laws to address the problem.

The study shall investigate the impact of colonialism, the reforms that have
continued to be embraced regardless of some of their detrimental effects.
We shall demonstrate how these reforms have created loopholes for the
misappropriation of land.
In the light of political patronage, the plight of public land seems to be in a
miasma of clutter …
The findings of this study can be used to inform the land reform process, enlighten the land laws
amendment process and the constitutional formulation process. This study is out to benefit….
[A statement warranty of time, energy and money]

1.4 Objectives
1. To assess the policy factors and laws charged with management of
public land in Kenya contributed to public land grabbing.
2. To establish the impact of political patronage on land tenure system.
3. To determine the nature and performance of the land administrative
institutions and laws in Kenya in regard to public land.
4. To assess the impact of colonialism on the land question.

1.5 Research Question

1. How has weak policies and abuse of laws charged with management of
public land in Kenya contributed to public land grabbing?
2. What extent are the politically inclined irregular allotments of public
land?
3. What role has the government departments played in the irregular and
illegal allocation of public land?
4. How has colonial legacy impacted on land issue in Kenya?

1.6 Operation Definition of Variables in the Research Question

Public land

Land tenure System

Land laws

Policy

Political patronage

Colonialism

Land Rights

Property Regime

1.7 Limitations of the study

Methodology
Sampling bias
Bias and error
Time factor
Large population
Accessibility to population