Determinants of Land Conflicts and Their Impacts
Determinants of Land Conflicts and Their Impacts
Determinants of Land Conflicts and Their Impacts
ISSN No:-2456-2165
Abstract:- Land in Kenya is both complex and emotive over land-based resources like oil (Klare, 2002). Other
as a number of people have lost their lives over it due to international conflicts related to natural resources with the
high degree of inequality in ownership, access and use. base on land include the conflict between India and
Based on where people live, their ancestry and form of Pakistan over the state of Kashmir; Israel and Syria over
land acquisition have often fueled land related conflicts. Western Golan Heights; Korea and North Korea over
This study sought to understand the determinants of Korean Peninsula; Russia and Ukraine over Crimean
land conflicts and their impacts on social cohesion in Peninsula which was occupied by Russia in 2014 and
Nakuru, one of the cosmopolitan counties in Kenya. The assessed by the UN to be part of Ukraine, among other
study is grounded on these objectives: to establish global conflicts. These conflicts have affected security,
historical development of Land Tenure disputes, to peace and social cohesion among the populations of these
examine deployed Land Tenure systems and challenges nations. Whereas right to property ownership is a universal
to secure land ownership and their implications on human right enshrined in the Universal Declaration of
social cohesion. The study is underpinned on the Human Rights (UDHR, 1948), dispossession of people of
Entitlement Theory and used mixed method research their property in some countries persist (Huth and Allee,
design with a sample size of 500 respondents. The 2002).
research established that historical land disputes have
negative implications on social cohesion; deployed land In Africa, is known for frequent conflicts that no other
tenure systems did not provide necessary security and world continent has experienced, notable in regional
stability to land owners; while issues of negative conflicts include Ethiopia – Eritrea; Sudan and South
ethnicity, divisive politics, widespread corruption, Sudan over ownership of several states including Abyei;
unresolved historical injustices, among other factors, Ethiopia and Somalia over the Ogaden region; Kenya and
impede the attainment of secure land ownership in Somalia over the boundaries of a maritime region along the
Kenya, leading to conflicts. The study recommends for Indian Ocean. There are also inter- ethnic conflicts over
sustainable efforts to ensure secure and stable land land itself leading to massive deaths and displacement of
ownership, enforcement of laws criminalizing political people among communities, as well as erosion of peace,
incitements and ethnic hate speeches; frantic fight security, justice and equality in the society (Derman,
against corruption, involvement of communities in Odfaard and Sjaastad, 2007). The conflicts have had
seeking solution to historical land injustices and negative impact on the quality of social relations among
sensitizing community members against negative to communities, (UNDP, 2015) and interferes with respect of
enhance social cohesion. individual and people’s collective freedoms, their economic
well-being, while undermining the value of tolerance and
Keywords:- Land Conflicts, Social Cohesion, Land diversity among groups (Delhey et al, 2018).
Ownership.
Kenya is one of the countries most affected by land
I. INTRODUCTION related conflicts with ethnic bearing, driven by the fact that
land is the most valued factor of production in Kenya, with
Conflicts over natural resources are a prominent over 80% of the population relying on the only 20% that is
global feature, often blended with ethnic, religious and arable for the practice of agriculture, leading to increased
tribal resentments and pose a serious social threat to global competition (Okowa, 2015). Additionally, land conflicts
peace and stability (Klare, 2002). Land is one of such have long colonial imprints; they are considered to have
natural resources considered the most valuable, with an started during colonial era and continue to persist in post-
ever-appreciating monetary value and the foundation of all colonial Kenya due to colonial land policies and
other economic resources such as minerals which drives frameworks that led to dispossession, dislocation and
conflicts globally (Sifuna, 2009). This is witnessed in the displacement of local communities from their lands and
historical conflict between Israel and Palestine, since 1948, unfair redistribution of land in post-colonial era (Syagga,
where Israel feels entitled to the land occupied by Palestine 2011). Ethnicity and politics are considered to be strong
especially in East Jerusalem, the Gaza Strip, West Bank, an triggers to land conflicts and as Boone (2002) argues, land
issue which has led to incessant violence and death of issues and politics of ethnicity are intertwined. Nakuru
thousands of people, hence affecting security, peace and County in Rift Valley Region, is one of the most
social (Reinhart, 2011). A similar situation happened cosmopolitan areas in Kenya, is considered the epicenter of
between Iraq and Kuwait, which led to war in early 1990’s, land-based conflicts involving indigenous communities, the
From Table 1 above, the respondents identified the following factors as the main causes of historical land disputes and
conflicts in Nakuru County.
The results indicates that 28.77% of the respondents conflicts consequently polarize the relational gap between
consider clashes and insecurity as the leading effects of existing communities in Nakuru County. Their recurrence
unresolved historical land tenure disputes; followed by of these conflicts has an historical bearing on contributory
negative social relations at 21.99%, ethnic groupings at factors discussed.
16.05%, injustices and inequalities at 13.82%, loss of land
and livelihood at 11.44% and squatting at 7.73%. Clashes B. Deployed Land Tenure Systems
and insecurity are the results of conflict that degenerate to Land Tenure Systems are critical in assessing how
violence since 1992 Maela and Molo clashes, Olenguruone, government policies on land blend with other dimensions in
Njoro and Molo clashes in 1997, Kuresoi and Molo clashes areas with land conflicts. The second study objective
and the 2007/8 Post Election Violence (PEV). The most endeavoured to establish the implications of deployed Land
indicting thing in all these clashes is that they all happen in Tenure systems on social cohesion in Nakuru County. The
the advent of general elections, thereby confirming the land tenure systems practiced by the respondents are
political imprint in land conflicts. In essence, these indicated in the Figure 2 below:
The Figure indicates that majority of the respondents, 81.00%, hold Freehold Tenure to the land they occupy while those on
leasehold are 15.00%, those who have customary tenure are at 3.00% while others including rent and squatters were at 1.00%. The
implications of this finding is that most of the residents of the area have absolute ownership to the land they occupy. This is in
agreement with Waiganjo and Ngugi, (2001) who found out that the statutory land tenure was the dominant tenure system
practiced in Kenya. The respondents were then asked to indicate whether the land tenure system they practice provides security
and stability for their land and Figure 3 indicates the results.
From the figure above, majority of the respondents, in Nakuru County do not provide envisioned security and
(69%) feel that the deployed land tenure systems do not stability to land, hence a source of conflicts, with one
provide security and stability to land owners, while 31% of discussant stating:
the study participants indicated that they do provide
security and stability. These percentages are confirmed by There is no guarantee that we shall continue
a key informant from interview schedule who stated: occupying the land we own. So we cannot sustain the
argument that having a Title Deed is the key to having a
We have Title Deeds as prove of ownership as secure and stable land ownership. If that is true, we would
required by the law. I remember one time the minister of not have lost our land in Mau Forest since it has the
lands in the Kibaki regime Mr. (Amos) Kimunya told us documents. I think we are at the mercy of the government
that a Title Deed is just a piece of paper and that is just since they control the policies and do not involve us.
what it has turned to be. Even though the land we occupy is
our heritage from our ancestors, since 2008, the caveat put Therefore, deployed land tenure systems do not
by the government that we cannot sell the land, has provide necessary security and stability in the land sector,
rendered land tenure and ownership documents useless. hence a trigger factor that can lead to or catalyze land
conflicts.
The caveat resulted to tribal politics, negative
ethnicity, encroachment to conservation areas, peoples’ C. Challenges facing Secure Land Ownership in Nakuru
inability to adhere to land ownership laws, among other County
factors. Those affected expressed that they cannot invest in The third objective sought to evaluate the challenges
the lands since they are not sure of their security and faced by the affected communities in acquiring secure land
investment thereby adversely affecting their socio- ownership that affect social cohesion in the study area. The
economic fabric. During the discussions with the five respondents were requested to indicate whether they own
FGDs, the groups were unanimous that land tenure systems land in the area, and the findings are indicated in Figure 4.
The findings indicate that majority of the respondents, These sentiments were also expressed by discussants
37.94%, own 3-5 acres of land, while those with less than in all the five FGDs, who indicated that people will do
three acres were 35.59%, those with 6-10 acres were everything possible to protect their farms, including hiring
17.06% and those with land above 10 acres were 6.88%. armed vigilant groups to protect their property when there
This implies that most of the respondents 73.53% were are conflicts. The net effect of this move is that it
small scale farmers. This corresponds to the finding of a exacerbates land conflicts. This is backed up by Yamano
study by FARMUP (2015) from Egerton University which and Deininger (2005) who found out that conflict in Rift
found out that land owners in Nakuru had an average of Valley, Nakuru County included, intensified with the
3.48 acres, an indicator that majority practised small scale presence of vigilant groups who are hired by individuals
farming, their source of livelihood and would do anything and communities to protect property and to fight when
to defend it, as indicated by a key informant in an there is violence.
interview:
Possession of documents, especially Title Deed or
The little land I own is my only source of livelihood Certificate of Lease, is a legal proof of ownership of the
and my family depend on it for food, education and all land by the one who possesses it (Land Act, 2012). Those
other basic necessities. I bought the land and I will protect who possess these documents are perceived to have a sense
it by all means, from encroachers, those who would claim it of security for the land they own since it is legally
and from herders who leave their animals to roam and safeguarded. The participants were, therefore, asked to
destroy the crops. During elections people usually hire indicate whether they possessed any legal ownership
vigilante groups in this area to protect their property since it documents and 81%, and had ownership documents while
is a time when people turn against each other. 19% did not possess any form of land ownership
documents. The respondents were asked the type of
documents they possessed and Figure 6 indicates the
results.
The above figure reveals that 52.57% of the informant in an interview who lost his land during the
respondents, were in possession of Title Deeds, 15.18% 2007/8 PEV who stated:
were in possession of Allocation Letters, 13.28% had Lease
Certificates, 8.94% had Sale Agreements while 10.03% did As long as the land issue continues to be a tool for
not have any documents. Land Act (2012) identifies Title political mobilization and erratic violence, there can never
Deeds and Certificate of Lease as legal proof of ownership be security provided by these documents. Prior to the 2007
and can only be revoked by a Court of Law if found to have elections I had a Tittle Deed for my 3-acre piece of land but
been acquired fraudulently. This means that 65.85% of when the violence erupted after the elections, my property
those who possess legal documents for the land they was burnt and I had to flee together with my family for my
occupied are the right owners of the land. The findings are safety. I still have the Title Deed but the fear of what I
in tandem with the Nakuru County Government (2013), witnessed prevents me from returning to the land.
which states that about 72.5% of land in the County had
Title Deeds. However, when asked whether the possession Having established that possession ownership
of the documents make them secure on the land they documents do not necessarily provide security for their
occupied, majority, 63.14% indicated that it does not make land, the respondents were asked to name challenges that
them feel secure while 36.86% indicated that the impede secure land ownership and the following are the
documents gave them security. This is exemplified by a key results.
Figure 8 shows that most of respondents identify fear are likely to persist, with negative impact to social
of loss of land as the leading effect of insecure land cohesion.
ownership at 25.65%, clashes and insecurity at 16.27%,
lack of cohesion at 15.56%, political tensions at 12.83%, For recommendations, this study takes cognizance of
injustices and inequalities at 10.45% while 9.35% identify the efforts by Kenyan government to address historical land
low land productivity. These findings correspond to injustices, however, the public has not been sufficiently
Kamanthe (2011) who, in his research, identified loss of involved in finding a lasting solution to the problem, hence
lives and land, inequalities, incessant tensions as the most the need for greater and sincere public involvement.
immediate effects of land conflicts. When the land is not Secondly, divisive politics and negative ethnicity were
secure, there will also be lack of stability leading to identified as key triggers of land conflicts. The study,
conflicts with attendant implication to social cohesion in therefore, proposes the promulgation of appropriate laws
the County. When there is secure land, there will be that criminalize ethnic profiling and polarization and be
stability leading to peaceful coexistence devoid of political, enforced. Those inciting members of the public to be
social and economic tensions, in tandem with entitlement judged and if found guilty be prosecuted as well as
theory guiding this research. enforcement of the code of ethic for the political class
enshrined in the Kenyan Constitution. Thirdly, corruption
V. CONCLUSION AND RECOMMENDATIONS was identified as a major threat to secure land ownership
that contribute to land conflicts. The study recommends
From the discussion of the study findings, it can be Enhancement of the fight against corruption in the
concluded that there are four main determinants of land institutions within the government and the larger society.
conflicts in Nakuru County which continue to undermine Fourthly, the study recommends the safeguarding of land
the realization of secure and stable land ownership, hence rights and to ensure access and effective service delivery in
affecting social cohesion negatively. These are corruption, land administration and registration.
negative ethnicity, divisive politics and historical land
injustices. Without addressing these issues, land conflicts