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Chapter 1

Chapter 1

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Published by MtotoWaDaDi

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Categories:Types, Research
Published by: MtotoWaDaDi on Mar 19, 2010
Copyright:Traditional Copyright: All rights reserved

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02/09/2011

 
I
NTRODUCTION1.1
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 unresolvedissue, frequently with high efficiency and welfare costs, environmentalconsequences and explosive political manifestations. Land is typicallymisallocated among potential users and worked under incomplete propertyor user rights that create disincentives to efficient use. The starting point for understanding current tenure issues in Sub- SaharaAfrica requires a backwards look at both pre-colonial system of land andpeople management, and the ways in which the establishment of colonialauthority 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 propertylaws, the celebration of title in the alienated areas and the introduction of tenure reforms in the Africans areas/native reserves. The post-colonial stateadoption 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 politicalloyalty, overtime, deepened the problem of landlessness and made the landquestion 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 controlledand managed by local authorities in townships, municipalities and cities andthat belonging to parastatals or other enterprises wholly owned by thegovernment. Principally, despite the varied government control over thiscategory 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 accesseither through lease arrangements delegation of trusteeship to lower levelsof authority. The primary control retained in the relevant governmentministry 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 upopportunities for inconsistency in access and insecurity in tenure with limitedchannels 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 playa fundamental role in promoting illegal and irregular allocation of public landfocusing on Mau Forest Complex as the case study. The country having experienced a major crisis in public land tenure whereland meant for public purposes had over the years been illegally andirregularly allocated to private individuals and corporations in total disregardof the public interest. This policy concern is based on the understanding thatsound public tenure, consequently development imperative depends largelyon 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 publicoutcry of the degradation of the Mau water towers resulting into massivesuffering of a vast number of people who wholly depend on the resources of the Mau Forest Complex. On further investigation, it has been determinedthat the major cause for this devastation is artificial. On further investigationon the matter, it has come out clear that the culprits have formed a cultureof allocating themselves and their cronies, land that has been set aside forpublic 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 implementationimpact on the land use. It shall endeavor to show how the disjointedcharacteristics of the formulation and implementation processes contributeto poor performance of these policies. The weak policy formulation and

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