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Tenure Insecurity

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Kenya

With steady economic growth of around 5% GDP, Kenya is one of the fastest growing economies in East Africa. Yet, the country continues to face significant challenges with over a third of its population living on less than US$1.90 per day. Agriculture employed just over a third of the population as well as the overall GDP of the country.

Land is governed by the National Land Policy, which reasserted customary tenure rights in 2009 after land-related violence around the 2007 election. All land in Kenya is public, private (freehold or leasehold tenure) or community/trust land. The Government has also ushered in a transparent and accountable governance system as part of the 2012 Land Act. Despite efforts to register, survey, map and digitize certificates of title, there is lack of awareness of the rules relating to land rights. Pastoralists and women are especially vulnerable to weak land rights, even though the Government has made efforts to secure their rights under the 2012 Land Act, the 2016 Community Land Bill and a new set of marriage laws that provide clarity on spousal rights. However, women continue to be marginalized in most aspects of their lives and herders are often being forced to move to urban areas as their livelihoods are cut off.

Prindex’s results show that 28% of respondents felt insecure about their tenure rights in 2018 – an equivalent of 7.6 million people aged 18 or over – above the average for the first 33 countries. 61% of the sample interviewed felt secure about their property rights and the remaining 11% refused or did not know how to answer the question.

The tables and diagrams below show key Prindex results for Kenya or you can download an infographic.

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All respondents

All respondents

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Analysing Tenure Insecurity by category

Location
Tenure type
Documentation
Properties
Gender
Age
Employment type
Income adequacy

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