TRADE PROJECT

TITLE: FACTORS CONTRIBUTING TO THE EXISTING LAND

TENURE ITIBO WARD, NYAMIRA.

PRESENTER: PETER ONG’ONDI

INDEX NO: ………………………….

INSTITUTION: EKERUBO GIETAI TECHNICAL TRAINING

INSTITUTION.

SUPERVISOR: MR. GEOFREY NYAMBANE

SUBMITTED TO: KENYA NATIONAL EXAMINATIONS COUNCIL FOR

THE AWARD OF CERTIFICATE

IN LAND SURVEY.

DATE: AUGUST 2021

Declaration

1
I peter, really declare that this work of project is my original piece of work. It has never been
submitted to knec for the award of certificate in any institution and it will never be submitted
without my authority.

Sign: …………………………………….. Date: ………………………………….

Name: ……………………………………………………………………………

Approval

2
This project conducted on “factors contributing to the land tenure,” has been supervised and has
been submitted to Kenya National Examinations Council with my approval as the candidate’s
supervisor. The work is original.

Sign: ………………………… date: …………………………………….

Name: ……………………………………………………………………

Dedication

3
I Peter, dedicate this project to my parents Mr. and Mrs Ong’ondi for their financial support and
motivation from selection of the course, beginning of the course until the end of it. God bless
you.

Acknowledgement

4
I take this opportunity to acknowledge my supervisor for the financial support, Mr. Geofrey and
the department trainers for imparting me with skills and knowledge over survey.

Table of contents

5
Dedication: ……………………………………………………………………….…….. 2

Approval: ……………………………………………………………………….………. 3

Dedication: ………………………………………………………………………………4

Acknowledgement: …………………………………………………………………...….5

Table of contents: ……………………………………………………………………….6

List of tables: ……………………………………………………………………………8

List of figures: …………………………………………………..……………………....9

List of abbreviations: …………………………………………………..…………..….10

Definition of terms: …………………………………………………….…………..…11

Abstract: …………………………………………….……………………………..….12

Chapter one

Background……………………………………………………………………………13

Introduction……………………………………………………………………………13

Statement of the study…………………………………………………………………14

Purpose of the study…………………………………………………………………..14

Objectives of the study ……………………………………………………………….15

Significant of the study………………………………………………………………..15

Scope of the study……………………………………………………………………..15

Research of the study ………………………………………………………………….16

CHAPTER TWO

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Literature review…………………………………………………………………………11

Chapter three

Methodology ……………………………………………………………………………..15

Introduction ………………………………………………………………………………15

Research design …………………………………………………………………………..16

Target population …………………………………………………………………………17

Sample ……………………………………………………………………………………18

Sampling techniques ……………………………………………………………………..19

Data collection ……………………………………………………………………………20

Instrumentation …………………………………………………………………………..21

Quality control ……………………………………………………………………………22

CHAPTER FOUR

Data analysis, finding, conclusion, recommendations …………………………………..24

Data analysis ……………………………………………………………………………..24

Findings …………………………………………………………………………………..26

Conclusions ……………………………………………………………………………….27

Recommendations …………………………………………………………………………28

Suggestion …………………………………………………………………………………29

References………………………………………………………………………………….30

Appendix …………………………………………………………………………………..31

List of tables

7
List of tables ………………………………………………………………………23

List of figures

8
Figure 1 ……………………………………………………………………18

List of Abbreviations

9
SRS – Simple random sampling

UN – University of Nairobi

GLA - Government Land Act

GLO – Government Land Offices

Definitions of terms

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Land - refers to the part of the earth’s surface that is not covered by water.

Land tenure - refers to the rights of people or communities to manage land.

Data – anything that is accepted or admitted as a fact by the researcher during the study.

Subsistence – goods that are grown for an individual’s consumption.

Research design – the patterns of conducting the study.

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Abstract

The study was conducted on the factors contributing to the existing land tenure in Itibo Ward
Nyamira. This study investigated those factors that contributed to the existing land tenure
negatively and positively. It particularly sought to transform the living standards of the ward
people and the economy since land as a factor of production is mainly used in agriculture
production. A factor that is more productive. The study was conceived due to the fact that past
land use was more productive than recently production. The study was conducted through a
survey design. Data was collected early enough by the researcher by using the questionnaires and
observation techniques from a sample size of 40 participants selected from the total number of
400 people. The data was analyzed using qualitative and quantitative analysis techniques and
later presented in tabular and graphic manner. The study established that land offices should
encourage land registration and conduct these exercises honestly and in time, define property
rights in a manner and help conserve it for nature generations, to determine the nature of the
agricultural activities and influence land use and as well as come up with resolution measures of
the land challenges facing land tenure systems. The study concludes that the government being
the controller of all activities of a country, should therefore control land tenure systems and
encourage agricultural training bodies to train her people on how to manage and use land and
conserve it for better production. Further, the researcher recommends that the same investigation
on factors contributing to land tenure and its challenges and its controlling measures be
conducted.

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CHAPTER ONE

Background

Introduction

The chapter is an overview of the trade project where it highlights the following; the background,
statement of the problem, purpose, objectives, significance, the study questions and the scope of
the research.

Land refers to the part of the earth’s surface that is not covered by water whereas land tenure
refers to the rights of people or communities to manage land. Traditionally, land was conserved
better than nowadays due to the factors such as; population pressure, pollution, land application
substances and continuous cultivations. These factors have led to poor production or production
decline because of its tendency of tampering with soil fertility.

Consequently, land has become a source of land disputes and it has caused massive deaths to
many. So, before and after independence radical changes have been deliberately initiated in
tenure arrangements. They have been justified on the basis of expected improvements in
productivity, land use planning and decision making which they would generate according to
Ogolla Mugabe s(1996).

Recently, the deliberate on interface in between land tenure and land use systems are restricted to
enhance agriculture because it is the backbone of the country. However, land tenure, since it
determines access to land is a critical variable in the management of natural and environmental
resources, soil conservation, water resources as well as wild life management. Land tenure also
provides the legal and normative framework within which all agriculture activities are conducted
to better living standards. It is through these activities we associate with other communities-
countries to boost our social-cultural and political issues thus peace maintenance. This
agricultural activities through trade increases the economy of our country. Therefore, land tenure
systems should be controlled and manned well for better production to sustain lives.

13
Statement of the study

In this point of discrepancy, there is need to determine sustainable factors contributing to land
tenure. Therefore, the gap of production between the past and recent production is experienced
where the past production was seen to be more productive with less management while recent
production is experiencing less production though using new and modern means of production
with use of machines. Therefore, producers are encouraged to use land substance to increase its
production and emphasize on machines to ease labour as well as soil conserving for their piece of
lands to be more productive to produce enough for their satisfaction thus better living standards.

Purpose of the study

The purpose of the study is to describe fully the factors contributing to land tenure for
individuals, groups and government using the selected sample resulting in better production from
togetherness of land tenure, land use, conservation of land and land management. The prober
management of land will ensure productivity because best methods of production will be
employed and best means of production thereby more produce experienced by land users a case
that will boost more trading activities thus socialism leading to peace maintenance in the ward-
county-country thus increased economy enhancement.

Negative factors contributing to land tenure should be controlled to avoid competition between
the positive and negative factors. This will encourage more production in the ward thus better the
living standards of people and the surrounding people.

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General objective of the study

The general objective of the is establish factors contributing to the existing land tenure in Itibo
Ward Nyamira County

Specific Objectives of the study

To determine the factors that negatively or positively contribute to the existing land tenure in
Itibo Ward Nyamira County.

To determine how land registration process contribute to the existing land tenure in Itibo Ward
Nyamira County

1. To determine the nature of agriculture and the influence on other land use practices
towards production.
2. To encourage land rights with current legislature.
3. To determine and aim at defining the property rights in a manner as well as conservation
of land for future generations.
4. To determine land registration process and how they are carried out.
5. To determine land systems of a country and its registration systems adopted and the
nature of the systems.
6. To determine land tenure challenges and how to resolve them.

Significance of the study

It is hoped that the study will be useful to the government where it will benefit from production
thus increase economy. The study is also expected to improve practices of agriculture because it
shows and detects land challenges and the measures of resolution thus enhancing good
production. The land policy makers such as the government,will also find the study useful and
beneficial because it will get to change land tenure systems for improved productivity

Scope of the study

This study on these factors contributing to land tenure, will be conducted in Itibo Ward Nyamira
County in November 2019 using a survey technique and a sample of 40 participants selected

15
from a total population of 400 people targeted for by the researcher. Data will be collected
through questionnaires by the researcher in Itibo Ward Nyamira County Kenya.

Research questions

The questions to be answered by this study are;

1. How does land affect the ward-county-country’s economy?

2. How does the government secure her land from different evaders around the country and
within the boundaries?
3. What are the challenges faced by the land tenure?
4. How does squatters affect the government land? And how should they be controlled to
reduce this act?

CHAPTER TWO
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Literature review

This chapter discusses the literature to the factors contributing to the land tenure. These factors
affect land production positively and negatively. It particularly focuses on how to empower land
registration processes, to define property rights and land conservation for future generation, to
detect the nature of agriculture and influence other land use practices for better production, and
to detect land tenure challenges and measures of resolving them. These are considered the pillars
of the study since they are the core determinants concerned by the researcher. In this chapter, the
researcher will review literature related to factors contributing negatively and positively to the
land tenure.

Land tenure systems in Kenya according to Chege Waingoinjo and Paul. E. Ngugi, is that
interests in land broadly fall into two groups; Rights and that are held through traditional African
systems, and rights that are derived from English systems introduced and maintained through law
enacted by the colonial and then the national parliament. Therefore, the former, is loosely known
as customary system which is referred to unwritten land ownership by certain communities under
customary law under later on known as statutory law.

Statutory tenure systems that refer to the possession of land for an indefinite period of time, or in
perpetuity. All these systems when controlled well and appropriately, they will enhance better
production among other interests.

Therefore, land systems should be controlled and managed well for it to produce as in the figure
below.

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Fig 1

Statutory systems
Better land performance
Customary systems

Land registration on land use is essential. Registration transformed land from ownership to
individual absolute ownership where the process also changed land into a commodity which can
be sold, leased, charged or mortgaged at the absolute discretion of the owner. Many families
have found themselves disposed of their land due to imprudence of certain members, drought,
inexperience and other causes of default due to failure of land registration. The practice of land
inheritance. Inheritance normally is where a father shares his piece of land to his adult sons
(unmarried daughters) has led to subdivisions of agricultural lands to a high extent. A part from
increased boundaries related dispute, it has increased small parcels where others are hardly
sustained in a family unit even for subsistence which refers to small productions for family
consumption. These small parcels are over exploited and loose their fertility quickly s a result of
either overgrazing, soil erosion and other poor farming practices which in turn leads to poor
production thus poor living standards due to lack of enough food.

In those areas where land is free from registration, land is registered as a group. Thereafter, the
educated people take actions of subdividing and owning some parts of this ranches. This move of
subdividing ranches into individual units, portends an economic, ecological and cultural disaster
for communities especially Maasai and kalengines according to Ogolla Mugabe (1996) as sited
by Chege Waingonjo.

In those areas under government, public tenure. Government lands are often invaded and
occupied by individuals or groups of people especially in urban areas and forest reserves. This is
done to land insecurity and lack of registrable interests in the occupied land, the occupants have
a tendency to over exploit the resources therein leading to severe environmental degradation.

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This reduces production of land squatters has also caused a big problem where they acquire
government land. They cultivate government forests therefore, dig out medicineand other
important crops living sick people suffer due to lack of herbs to cure them.

At the same time, land allocation process prescribed in the Government Land Act has largely
failed that it rarely incorporates the ancestral rights of people. The process is by and largely led
to landless. Allocations are often to the powerful, leaving the local people landless and very
angry.

Therefore, land registration is very important since it will help solve landless cases. This process
should be considered most by the government to ensure equity land divisions from the families
and government to ensure more production due to peace maintenance.

Cultivation of public lands should be discouraged. This will help in government conservations
thus increments of the country’s economy through government agricultural activities such as
tourisms among other beneficial activities to increase foreign exchange thus socializing with
other countries thus promotion of peaceful and other benefits to the government.

Evaders, squatters and other individuals who take the government land, do destroy and affect the
government activities. This in turn reduce the economy of the country. Wildlife animals are
being killed by people. This reduces tourism. Tourist is a major creation of foreign exchange.
Therefore, they should be maintained and not poached for individual or groups benefits. These
animals are important to the government.

Rain patterns are also transformed by massive cutting of trees and other plants. This should be
reduced or else controlled by replacing in case of cutting to maintain rainy pattern. This will help
control production since weather changes are known by the farmers thus agriculture is carried
out as usual.

CHAPTER THREE

Methodology

Introduction

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This chapter describes into detail the following sections and sub-sections; research design,
population and sampling, sample, sampling techniques, data collection where it will discuss
instrumentation and research procedure, data analysis and presentation.quality control where it
discusses the validity and the reliability of the tools of data collection from a sample selected
from the targeted population with the same features of the same location.

Research design

The study will be conducted through questionnaires. This design is employed because the
researcher wanted to conduct investigations from a target population through a sample selected
to analyze and discover occurrences. The design is best where it will describe events fully on
how they were, they are now and they will be and the design is best in data collection and has the
ability to fully describe and understand a population better from a part of it that is selected
sample.

Target population

This study will be conducted in a total population of 400 people. This total number has been
chosen by the researcher because it was small enough to be controlled by the researcher because
the researcher is concerned in detailed information and the finance present is not large therefore,
the researcher decided to use this manageable total population.

The population consists of the same characteristics living together and are of the same locality.
This will enable the researcher to collect the data that is satisfactory since it is obtained from the
same people of the same features and carry same activities thus, they know what is intended on
by the researcher.

Sample

The sample will consist of 40 participants selected from the target population. The 40
participants will be distributed in groups. This number of 30 participants has been chosen

20
according to level of producing. This will enable them give error free information because they
will readily have the required information according to their levels.

Sampling techniques

The study employed simple random sampling technique to select a sample intended by the
researcher to obtain data from. This technique was used because of its equality in selection where
it works without biasiness.it is mainly used to select a random representation. This study will be
used to fully describe fully the factors contributing to land tenure for individuals, groups and
government using the selected sample resulting in better production from togetherness of land
tenure, land use, conservation of land and land management. The prober management of land
will ensure productivity because best methods of production will be employed and best means of
production thereby more produce experienced by land users a case that will boost more trading
activities thus socialism leading to peace maintenance in the ward-county-country thus increased
economy enhancement. It is preferred most because of its equity.

Data collection

This being the tools of data collection, the researcher will use questionnaires to obtain data
through writings. The sample selected was literate. They were selected from the groups formed.
Therefore, they filled the questionnaires administered by the researcher according to the
instructions given by the researcher. They were returned after filled. All questionnaires were
returned. The researcher concluded that data collected was satisfactory due to the fact that they
were filled all and then all were returned. The questionnaires were error free since they had no
erasing.

Observation was also used to obtain data that was to be seen by the researcher himself. Land
systems were observed by the researcher. He concluded that these systems some of them were
proper while others were improper. The researcher was satisfied since these had a direct
feedback of what was seen.

Interviews were used too. This was very effective because the researcher obtained direct
feedback from the sample participants. This method was faster as it never consumed time and
many but had direct feedback where it employed a face-to-face communication. They gave an

21
elaborated data in time. The disadvantages of these two methods; observation and interviews is
they lacked evidences since they don’t employ written materials.

Quality control.

The tools of collecting data were valid and reliable because the researcher concluded that he
himself administered questionnaires. Then later on collected while filled. Practical cases in the
farm gave immediate feedback of what was on the ground and the sample selected had ready
answers to the asked questions thus the validity and reliability of these tools. Since they were
valid and reliable, the data was admitted automatically and later analyzed as they were facts
according to the researcher’s views.

These tools were not expensive that is why the researcher chose to employ them and then they
were accurate as per the study.

CHAPTER FOUR

Findings, discussions, conclusion and recommendations of the study.

Findings
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Data analysis and interpretation of responses from the 400 characters through the randomly
selected sample of 40 participants revealed that;

From the analysis, data showed that, more women were included in the data collection than
female where 68% and 32% were male. The researcher used inequality because he felt that
women are discriminated from land ownership thus wanted clear information.

The table and below show it clearly.

Table 1

respondents percentage

Male 32

Female 68

Various factors such as pollution, soil erosion, population pressure, poor methods of cultivation
and others, negatively and positively contribute to land tenure. They were inspired to fully use
the positive factors in bettering their production and control the negative measures so as to fit in
production sector.

Agriculture was the core activity. It sustained them where they were benefiting from food and
others for trading activities. These activities created peace as they were forced to interact with
other communities. This also helped in creation of foreign exchange. This increased the economy
of the ward to county then to country according to the data collected where it revealed that they
are together socially, politically and culturally.

Data revealed that, land rights with current legislature was adapted. These policies ware
formulated by the government to ensure equity among all citizens. This will cater for landless
and improve living standards of many as they will enjoy equal shares as other countries like
India as per other studies.

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Data collected implied that, families should sub-divided land among all adult sons and unmarried
daughters. This in turn led to reduced land for agriculture activities since their existed more
boundaries thus reducing lands meant for cultivation due to many boundaries and land into
parcels or small pieces encouraging small-scale farming due to population pressure in the ward
but many people to own this land.

Data revealed that, non-registered land can leave families with a lot of problems because other
literate people who has information over land registration and its importance take advantage of
owning land and register them on their names thus disputes might arise to cause fear and death to
others reducing young working aged people thus poor land performance in the society leading to
low production. Land registration processes should be encouraged to avoid land loss to leave
people landless.

Non-registered land encourages theft in societies and boundaries. This can lead to land
insecurity. The evaders of land and squatters can take advantage of this act and acquire land.
Therefore, land registration can enable people acquire land as commodities to help them sell,
secure themselves and others. Land registration is important.

Data collected revealed that, land has a lot of challenges such as pollution, erosion among other
challenges which cause poor production. This will be controlled for the to produce well. Then
this if controlled, the production will be increased.

Land if not properly managed, it can cause a lot of problems. Disputes might arise to cause
massive deaths due to fighting according to the data collected and this should not be encouraged
but controlled in societies.

Data collected implied that, government land is being evaded by individuals and some groups
thus reducing the agriculture activities of the government thus reducing the benefits of these
activities as they interfered with.

Data collected revealed that most people were affected by not applying land substance to their
lands. This reduced their production. Thereby, they experienced less production and thus poor
living standards as the strained to earn a living.

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Findings

The data collected was found to affect land tenure in one way and the other and later contributed
to the study’s conclusions on factors contributing to land tenure.

It was found true that; various factors such as pollution, soil erosion, population pressure, poor
methods of cultivation and others, negatively and positively contribute to land tenure. They were

25
inspired to fully use the positive factors in bettering their production and control the negative
measures so as to fit in production sector. Agriculture was the core activity. It sustained them
where they were benefiting from food and others for trading activities. These activities created
peace as they were forced to interact with other communities. This also helped in creation of
foreign exchange. This increased the economy of the ward to county then to country according to
the data collected where it revealed that they are together socially, politically and culturally, land
rights with current legislature were adapted. These policies ware formulated by the government
to ensure equity among all citizens. This will cater for landless and improve living standards of
many as they will enjoy equal shares as other countries like India as per other studies, families
should sub-divided land among all adult sons and unmarried daughters. This in turn led to
reduced land for agriculture activities since their existed more boundaries thus reducing lands
meant for cultivation due to many boundaries and land into parcels or small pieces encouraging
small-scale farming due to population pressure in the ward but many people to own this land,
non-registered land can leave families with a lot of problems because other literate people who
has information over land registration and its importance take advantage of owning land and
register them on their names thus disputes might arise to cause fear and death to others reducing
young working aged people thus poor land performance in the society leading to low production.
Land registration processes should be encouraged to avoid land loss to leave people landless,
land has a lot of challenges such as pollution, erosion among other challenges which cause poor
production. This will be controlled for the to produce well. Then this if controlled, the production
will be increased, might arise to cause massive deaths due to fighting according to the data
collected and this should not be encouraged but controlled in societies, government land is being
evaded by individuals and some groups thus reducing the agriculture activities of the government
thus reducing the benefits of these activities as they interfered with.

Conclusion

This study investigated the factors contributing to land tenure in Itibo ward Nyamira was
intended to determine the purpose of the study and to describe fully the factors contributing to
land tenure for individuals, groups and government using the selected sample resulting in better
production from togetherness of land tenure, land use, conservation of land and land

26
management. The prober management of land will ensure productivity because best methods of
production will be employed and best means of production thereby more produce experienced by
land users a case that will boost more trading activities thus socialism leading to peace
maintenance in the ward-county-country thus increased economy enhancement.

Negative factors contributing to land tenure should be controlled to avoid competition between
the positive and negative factors. This will encourage more production in the ward thus better the
living standards of people and the surrounding people. This means that various factors such as
pollution, soil erosion, population pressure, poor methods of cultivation and others, negatively
and positively contribute to land tenure are to be controlled for better production. Agriculture
being the core activity in the country, ought to be concerned in most so as to create and help
sustain them where they were benefiting from food and others for trading activities. These
activities created peace as they were forced to interact with other communities. This also helped
in creation of foreign exchange and taxes through trade and other activities. This increased the
country’s economy of the ward to county. These policies ware formulated by the government to
ensure equity among all citizens. This will cater for landless and improve living standards of
many as they will enjoy equal shares as other countries like India as per other studies, families
should sub-divided land among all adult sons and unmarried daughters. This in turn led to
reduced land for agriculture activities since their existed more boundaries thus reducing lands
meant for cultivation. Land registration processes should be encouraged to avoid land loss to
leave people landless, land has a lot of challenges such as pollution, erosion among other
challenges which cause poor production. This will be controlled for the to produce well. Then
this if controlled, the production will be increased, might arise to cause massive deaths due to
fighting according to the data collected and this should not be encouraged but controlled in
societies, government land.

Recommendations

Land tenure types and policies tend to determine that nature of agriculture and influence other
land use practices. In order to achieve sustainable agriculture, the country needs to adopt policies
and strategies that promote conservation of natural resources. These policies should be adopted
by all people from local to the government to ensure more land benefits.

27
Major changes should be made to the constitution. The land government officers should seek to
marry ancestral land rights with current legislation. It must remove the sections of the law which
allows statutory law to render customary null to void.

The government should ensure that her people has registered their land therefore, it should ease
the land registration processes and adopt a honest and transparent process which is corruption
free from bribe to encourage the exercise.

Alternative land tenure and land use policies should be sought which aim at defining property
rights in a manner that incorporates the use of resources in a sustainable manner as well as
conservation for future generations to improve land tenure.

On privately registered land, laws should be made which allow the government to intervene on
private land for purpose of sustaining resource use for land better production and to ensure
equity among country people.

Challenges which must be addressed in Kenya so as to make land available and ideal resource
are ought to be controlled for more land tenure production.

References

1. Ogolla BD with Mugabe J. 1996 Land Tenure Systems, In Land We Trust; Initiative
Publishers, Nairobi Kenya.

28
 2. Ondiege P. 1996. Land Tenure and Soil Conservation: In Land we Trust, Iniciatives
Publishers, Nairobi Kenya.

3. Okoth Ogendo; 1979; Land Tenure and its Implications for the Development of Kenya
Semi – Arid Areas, Nairobi Institute of Development Studies, Nairobi University.

4. Okuoa – Bennun with Mwangi AM; 1996 Land Tenure and Land Conservation: In land
we trust, Initiative Publishers

5. Wanjala S; 2000 Essay on Land Law: The reform Debate in Kenya, Faculty Law Nairobi
University.

Appendix

The questionnaire below was administered to collect data from a sample of 30 participants.

The questions to be answered by this study are;

29
1. How does land affect the ward-county-country’s economy?
………………………………………………………………………………………………
………………………………………………………………………………………………
2. How does the government secure her land from different evaders around the country and
within the boundaries?
………………………………………………………………………………………………
………………………………………………………………………………………………
3. What are the challenges faced by the land tenure?
………………………………………………………………………………………………
………………………………………………………………………………………………
4. How does squatters affect the government land? And how should they be controlled to
reduce this act?

………………………………………………………………………………………………
………………………………………………………………………………………………

30