ISSUE 004: APR - MAY 2015

THE VISION
A peaceful, inclusive and
just society

THE MISSION
To entrench a sustainable
peace movement through
active and inclusive public
participation and a culture
of constitutionalism in
Kenya.

CONSENSUS
STATEMENT

CORE PILLARS
Constitutionalism
Inclusiveness
Movement building

THEMATIC AREAS
Women Participation
and Empowerment

he consensus statement was formulated from

the land and natural resources conference whose
theme was Building Consensus on Commu-

nity Engagement within Land Reforms and Extractive

Sector in Kenya. It was drawn from National and County
Governments, Civil Society Organizations, Private Sector,

Media Engagement

Community Groups, Development Partners and Research

Peace and Security

Natural Resources and Extractive Sector.

Land and Natural

Resources
Youth Participation

Institutions representing stakeholders in Land and Land,

The statement highlights key issues in the Land and
Extractive Sector that include;

1.

Fast tracking land reforms in the county:

The communities disenchantment and frustra-

tions with the status of land reforms and the future it

Kapedo, and Isiolo among others. To

address this situation before it degenerates further, the following proposals were
made;

Enactment of Bills by August 2015:
The Bills include Community Land Bill,
Mining Bill, Natural Resource (Benefit
Sharing) Bill, Eviction and Resettlement
Bill and Historical Land Injustices Bill.

Institutional Conflict Resolution

Resource Allocation to Land Reforms

Dialogue Forums

Alternative Dispute Resolution and
Traditional Dispute Resolution Mechanisms

portends for them is demonstrated by increased violent

land related conflicts in the country for instance; Lamu,

Pg. 2

ISSUE 004: APR - MAY 2015

Pg. 1

2.

Promoting Community engagements in

land reform process.
The success of land reforms is always determined
by community involvement and empowerment to
be the drivers of the reforms. The conference identified and agreed on the following interventions;

Participation and Access to Information

Legislation

National education programme

Strategic Communication

Enhancing trust in public institutions

3.

Establish and promote the use of Alternative Dispute Resolution Mechanisms and
Traditional Dispute Resolution Mechanisms:
To speed up justice for communities, it is important
to apply Alternative Dispute Resolution mechanisms such as negotiations, mediation and arbitration, traditional dispute mechanisms which are
consistent with the constitution.
The following was agreed;

Alternative Dispute Resolution framework

Documentation

Recognition

Civic education

Inclusivity

4.

Address women land rights as a priority for

equitable and sustainable development:

Judiciary: The judiciary to speed up cases
related to women land rights and women
offenders who commit petty crimes related to
land claims to get non-custodial sentences.

Equal rights: Appropriate legal measures to
ensure men and women are entitled to equal
rights to land and land based resources during
marriage upon dissolution of marriage and
after death of the spouse.

Civic education: Undertake civic education on
women land rights in order to increase awareness and knowledge.

Data: Document and avail disaggregated data
on women land ownership in order to secure
and entrench access to land.
Increase ownership: Sensitize women on the
importance of owning land themselves and not
only through affiliation and lineage.

For more information on the consensus statement

follow the link http://tuvuke.org/confere/docs/
LNRC_Consensus_Statement.pdf

ENHANCING COMMUNITIES
PARTICIPATION IN NATURAL
RESOURCE MANAGEMENT
By RECONCILE

he quest to manage natural

resources sustainably defines
the need to develop structures
and frameworks through which different stakeholders are able to participate
effectively in resource governance
and management. With the advent of
collaborative natural resource management, communities, Government,
investors, research institutes among
others are expected to work together
with each stakeholder playing a
defined role in the management of the
resources.

Tree nursery project established for

rehabilitation of the Naivasha catchment

The last two decades have witnessed a paradigm shift

from a state centered management of resources to a
people based resource management. These efforts have
been made with the purpose of increasing community
participation in decision making to capitalize on the bene-

and regional levels. In this connection

fits accrued. While this has been the case the quality and
level of communities participation in the decision making
processes is still questionable.

through the rehabilitation of degraded

RECONCILE has worked closely with

communities and stakeholders drawn
from Naivasha and Yala. Communities participation has been witnessed
ecosystems, engaging the government and influencing decision making
processes. In Yala communities have
taken lead in mapping their resources
and identifying strategies to address
community based conflicts. This is
attributed to the capacity development
initiatives which have strengthened their
skills in negotiating for and building a
case to address a particular course.

The chairman and Secretary Mkungi Kitiri WRUA

taking participants through the process of the
changes in water resource management

Other notable changes include the

building a pool of community resource
persons who are key in training and
creating awareness on policies and laws

One of RECONCILEs strategic objective is to strengthen

the capacity of communities and local institutions to
effectively participate and monitor the implementation of
natural resource management policies at local, national,

on NRM. A case in point is the Mkungi

Kitiri WRUA who have taken it upon
themselves to educate their members
on the provisions of the Water Act.

ISSUE 004: APR - MAY 2015

TAKING THE STEPS: TOWARDS THE

FINALIZATION OF COMMUNITY LAND BILL
By RECONCILE

and governance in Kenya has been dualistic

for a long time recognizing both the formal
and informal systems. With the existence

of the dualistic system, the challenge is not to

eradicate one in favor of the other but to create
linkages between these two systems that will
provide security of property rights and allow individuals, communities and corporate structures the
opportunities to make transactions between these
systems, and opportunities to upgrade or transform property rights (USAID, 2008).
Recognizing the pivotal role that land plays in
defining livelihoods and livelihood activities,
RECONCILE has engaged actively in the development of both the land policies and laws to improve

Kenyan farmers tilling their land (Photo: www.cafod.org.uk)

land governance, natural resource management

and sustainable economic development in the
country. The organization played an active role in
the drafting and finalization of The National Land
Commission Act 2012, The Land Act 2012 and The
Land Registration Act 2012.
Community land forms the biggest chunk of land
in Kenya. Going by the constitutional provision on

Recognizing the pivotal role that land plays in defining

livelihoods and livelihood activities, RECONCILE has engaged
actively in the development of both the land policies and laws
to improve land governance, natural resource management
and sustainable economic development in the country.

what constitutes community land, a reasonable

estimation places community land to constitute
about 66% of the country. There is no comprehensive policy and legislation framework for the
administration and management of this land.

group or any other. At the end of the day the

task force approach was decided on.

RECONCILE offered support to the Task Force

to meet and finalize the Community Land Bill

In July 2012 RECONCILE held community land

after the final public submissions in November

law development reflection workshop with

2013. This meeting was strategic in the revi-

Starting May 2012, RECONCILE engaged in the

civil society organizations and other stake-

following to facilitate and support community land

holders. The aim of the workshop was to

law development process:

Another meeting was held in February 2014,

inform the civil societies on the process and

Held consultative meetings with key stake-

at Manzoni Hotel and RECONCILE made the

the status to stimulate a strong discourse on

holders like the then Ministry of Lands through

how the bill should be developed and the

final submission after analyzing the 2013

LRTU (Land Reforms Transformation Unit),

action points.

sion of the 2013 draft bill.

version against what communities wanted to

be included in the bill.

Project SECURE and others to agree on the

Joint consultative meetings between the civil

conceptual framework for the development

society organizations and the Task force were

In addition to the national processes RECONCILE

of community land law. One critical thing

also organized to share reflections, give inputs

has also facilitated County based forums to propel

that these meeting helped to address was the

on key things the bill should address and how

the land debate forward in particular the land use

methodology to be used in the development

the bill should look like. A team of experts was

planning and management. Such exercises have

of the Community land Law i.e. whether to

put in place to explore key areas and develop

been conducted in Baringo, Isiolo, Makueni and

adopt the Task force approach, or the working

policy briefs for submission to the Task Force.

Marsabit Counties.

ISSUE 004: APR - MAY 2015

LAUNCH OF VOTER EDUCATION

FOR SCHOOLS PROJECT
The project is funded by the Canadian Government through
the International Foundation for Electoral Systems (IFES). It is
meant to nurture democracy in young Kenyans. Implementation of the project will include:
Developing a curriculum and curriculum support materials.
Piloting the curriculum in selected schools.
Training teachers and students on the curriculum and
handbooks.
Establishing the best platforms to engage the young
people in schools.
Vice chair of the IEBC, Lilian Mahiri-Zaja, CEO Ezra Chiloba with students
from Nairobi High School and GSU Primary School during the Launch of
Voter Education for Schools Project.

Rolling out the curriculum in schools nationally.

Ms. Mahiri-Zaja also indicated that IEBC will work within the
existing structures of the Ministry of Education, including
County Directors of Education, District Education Officers,

By Charles Otieno

Student Government and Student Councils. She assured the

he Independent Electoral and Boundaries Commission launched a voter education project for schools on 27th March, 2015. The launch was graced by many
stakeholders that included Tuvuke Initiative.

stakeholders that the Commission will consult widely and

Speaking at the event, IEBC Vice Chairperson Lilian Mahiri-Zaja noted that the
Commission has established a partnership with the Ministry of Education and Kenya
Institute of Curriculum Development to realize the goals of this project.

forward looking and intends to foster understanding of the

Pg. 3
County Experience by the County Land
Management Board secretaries: Baringo
The county is endowed with a host of natural
resources, they include: arable land, forests,
wildlife, seasonal rivers, lakes, geysers and
hot springs; Tourist attractions such as Lakes
Baringo and Bogoria, Ol Kokwe Island, Ruko
Conservancy, Escarpments and Economic
Activities such as pastoralism, mixed farming,
and sand harvesting.
The Baringo county government is in process
of purchasing survey equipment to ease the
collection of data. It is also in the process of
identifying partners to conduct Land Use
Planning in various Locations.

Challenges at the county reflect issues

at the national level which include the
absence of proper guidelines for county
governments.

As such some of the

changes included;
Failure to implement the plans
Political Interference
delay of approval of the plan
Lack of planning data
Lack of proper land ownership
rights
Massive encroachment of space
reserved for public utilities
Boundary disputes and inadequate funds.

incorporate already existing initiatives.

On his part, IEBC CEO Ezra Chiloba said that the project was
electoral process and develop leaders of integrity from an early
age.

RECOMMENDATIONS
Capacity building and participation in land use planning
may be realised through coordinated stakeholders partnership.
Politicians and all other leaders be included in the training and in decision making process. Planning should
not be limited to the urban centres only as the case of
Baringo where most planning done is to the urban areas.
Adequate funds be set aside for the purpose of planning
for the entire county as it is an expensive process and lack
of funds may result to faulty plans.
Development controls be put in place to curb over-subdivision of Agricultural land. This is not only in the case of
agricultural land but all land.

ISSUE 004: APR - MAY 2015

WORKSHOP ON WOMENS ROLE

IN PEACE BUILDING & CONFLICT
TRANSFORMATION IN KENYA

By Victoria Nagwalla

he Agency for Co-operation and Research in

Development (ACORD) and UNDP organized
a workshop on March 30th and 31st 2015 that

brought together women, stakeholders, experts and

partners drawn from the areas of peace and security.
The workshop was on Womens Role in Peace Building and Conflict Transformation in Kenya and Tuvuke
Initiative was privileged to be among the participants.

vulnerable groups comprising children, youth

Some of the highlights of the workshop were;

and people with disabilities. There are critical

1) A shared understanding of womens role in

cross-cutting causes of conflicts particularly

land ownership, ethnicity and resources-based
competition. However, several other important
indicators contributing to the conflicts including
cultural practices, boundaries, proliferation of
small arms as well as bad politics (incitement
and politics of exclusion).
It was also noted that women are victims of

peace-building and conflict transformation in

Kenya;
2) Providing feedback to government peace and
security agencies on the effectives of policies
and programmes targeted at peace-building,
national cohesion and reconciliation; and
3) Developing an understanding of the global
development process as envisaged in the

During the workshop it was noted that conflict has

unbelievably cruel atrocities and injustices

been termed as a gendered activity. The experience

in conflict situations. As refugees, internally

of men and women in situations of tension, war

displaced persons, heads of household and

and post-conflict reconstruction has been markedly

community leaders, as activists and peace

justice and governance and the UN Reso-

differently. Throughout history, conflict has exacted

builders, women and men experience conflict

lution 1325 on the role of women in peace

a disproportionately high toll on women and other

very differently.

processes.

proposed sustainable development goals

with specific reference to Goal 16 on peace,

ISSUE 004: APR - MAY 2015

PHOTOS: LAND AND NATURAL

RESOURCES CONFERENCE 2015

ISSUE 004: APR - MAY 2015

IMPLEMENTING PARTNERS

TUVUKE INITIATIVE
Hosted at
Kenya Women Holding - Head Office
Physical Address: Ngong road, off Mucai drive
Office Cell: +254 (0)738 910 000 / 727 910 000
Fixed Line : +254 (0) 20-2573988
Website: www.tuvuke.org

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African Woman and Child Feature Service (AWC)

Association of Media Women in Kenya (AMWIK)
Centre for Conflict Resolution (CCR)
Centre for Rights and Education Awareness (CREAW)
GO-SHENG Services
HATUA Trust
ILLaramatak Community Concerns (ICC)
Kenya Land Alliance (KLA)
Kenya Women Holding (KWH)
Men for Equality of Men and Women (MEW)
Muslims for Human Rights (MUHURI)
Smart Citizens
Twaweza Communications
Ujamaa Center
Women Empowerment Link (WEL)