Are Special Boards Now Legal in Kenya?

Are Special Boards Now Legal in Kenya?

In Kenya, the legality of “special boards” is a complex and evolving issue. While specific regulations may vary, the general understanding is that special boards, in their traditional sense, are not explicitly permitted under current Kenyan law.

Understanding “Special Boards”

Historically, special boards often referred to unofficial, private entities that facilitated land transactions, often bypassing formal legal channels. These boards might:

• Resolve land disputes: Act as arbitrators or mediators in land conflicts.
• Facilitate land sales: Assist with the transfer of land ownership, sometimes without proper documentation or legal oversight.
• Manage communal land: Oversee the allocation and use of land within specific communities.

Legal Framework and Challenges

• Land Act (2012): This legislation outlines the legal framework for land ownership, transfer, and management in Kenya. It emphasizes formal registration, secure tenure, and the role of government institutions in land administration.
• Challenges:
  • Lack of Transparency: Special boards often operate with limited transparency and accountability, raising concerns about potential for corruption and abuse.
  • Legal Uncertainty: The lack of clear legal recognition for special boards can create legal ambiguities and disputes.
  • Discrimination: Some special boards may discriminate against certain groups or individuals in land access and ownership.

Alternative Mechanisms

The Kenyan government has been promoting alternative mechanisms for land dispute resolution and community land management:

• Land Adjudication and Settlement Procedures: These formal processes provide a legal framework for resolving land disputes and securing land rights.
• Community Land Trusts: These organizations can be legally established to manage and protect communal land resources, ensuring equitable access and sustainable use.
• County Governments: County governments play a crucial role in land administration, including dispute resolution, land use planning, and providing support to communities.

The Evolving Landscape

While traditional special boards may face limitations, there’s a growing recognition of the need for community-based approaches to land management. This has led to the exploration of:

• Community-Based Land Management Plans: These plans empower communities to develop and implement their own rules and regulations for land use and management, within the framework of national law.
• Traditional Knowledge: Incorporating traditional knowledge and practices into modern land management systems, while ensuring they are aligned with legal and human rights principles.

Conclusion

The legality and role of special boards in Kenya are subject to ongoing debate and legal interpretation. While traditional forms of special boards may face challenges, there’s a growing emphasis on developing more formal, transparent, and inclusive mechanisms for community-based land management. This approach aims to balance the need for local participation and decision-making with the principles of legal certainty and equity.