3. Table of Contents
About KLA ....................................................................................2
Foreword from the Chairperson .....................................................3
KLA Secretariat..............................................................................4
Staff News......................................................................................5
Highlights of Achievements in 2007:..............................................6
1. National Land Policy Finalization Dialogue and Advocacy......6
2. Capacity Building of Land Control Boards and Land Disputes
Tribunals.................................................................................7
3. Keeping the Implementation of “Ndungu Commission” Report
Campaign Alive ......................................................................7
4. Successful Hosting of Strategic Workshop for Regionalization
Process of International Land Coalition (ILC) in Africa. .........8
5. World Social Forum 2007........................................................8
KLA Participation in 2007 in Pictorial Form..................................9
Networking Events KLA Participated in or Organised in 2007......10
Lessons learned and Challenges Faced ............................................14
KLA in Press ..................................................................................15
KLA Publications ...........................................................................16
Financial Report.............................................................................17
KLA Members................................................................................29
Item Page
1
4. KLA is an umbrella network of Civil Society Organizations and Individuals committed to
effective advocacy for the reforms of policies and laws governing land, environment and
natural resources in Kenya. Its current membership comprises of 7 International Non-
GovernmentalOrganizations,27LocalNon-GovernmentalOrganizations,,25Community
Based Organizations, 2 Faith Based Organisations and 31 Individuals.
KLA operates in a diverse national setting that Kenya is, in terms of its landscape and the
diversity of her population. Our response to the opportunities and challenges of living and
working positively in a diverse setting is recognized nationally, regionally and globally given
that KLA is the African Region Node for the decentralized International Land Coalition.
In our land reform advocacy work and public support we promote holding governments
accountable for violation of land, property, and natural resource rights. Within the United
Nations System, Africa Union System and other legal regimes, we advocate for the respect
of land rights in order to strengthen and improve the system of land rights protection.
KLA has substantially contributed to the development of the Kenya National Land Policy
that we hope once adopted and implemented shall impact positively on land, property,
natural resource and environmental rights. We envision a society free from land grabbers,
in which every person can fully enjoy their land rights in dignity. Through its activities,
KLA is participating in the development of a global land rights culture in which all people
are assured of sustainable livelihoods through secure and equitable access to and utilization
of land and natural resources.
About KLA
KLA during the Launch of the book “ A Case for Women’s Landrights in the proposed New
Constitution” at the KICC in January 2007
2
5. Foreword from the Chairperson
Mr. Peter Kariuki,
Chairperson
KLA Board of Trustees
On behalf of the Kenya Land Alliance (KLA), I have the pleasure
to present the 2007 Annual Report highlighting KLA’s achievements
and accomplishments during the year. 2007 became an eye-opener to
policy-makers that land is one of the major elements in the national
reform agenda whose redress is a prerequisite for addressing inequities
that cut across ethnic, regional and socio-economic fault lines in
Kenya. Accordingly, the visibility and impact of KLA work was in
contributing to addressing land issues that continue to give breathe
to the draft National Land Policy as a much desired instrument in
directing land matters in Kenya.
The year 2007 was encouraging for KLA in terms of increased understanding of land issues,
particularly when viewed with pro-poor lenses which allow examination of the structures and
processes which are contributing to poverty. KLA believes that landlessness reinforces discrimination
against women, informal sector residents and traders, fisher-folk, pastoralists, people living with
disabilities and HIV/AIDS and other rural communities. Hence there is a need to recognize and
embrace flexible and pluralistic tenure systems as a National core value. Thus, KLA supports
popular demands for secure rights to land as a surest means to addressing inequities in Kenya which
in turn will enhance credibility and accountability of governance, and the ability to tackle major
development-related issues, geared to reducing poverty.
KLA worked with people at the local level who were prepared to overcome obstacles that hinder
them from enjoyment of their land and resource rights as a means to realizing their full potential.
While at national and global levels we worked with development actors to improve the condition
and position of people affected by poverty, we strengthened KLA as a membership-led institution
to stand up against re-concentration of land in the hands of a few, decreasing security of tenure
for resource-poor farmers and communities dependent on resources that are managed as common
property.
I would like to take this opportunity on behalf of the KLA Board of Trustees and the staff to
thank all those who provided us the opportunity, support and resources to play the role we did.
Special recognition to our strategic partners with whom we achieved all that is highlighted in this
report. We extend a special word of appreciation to development partners who supported our
efforts towards standing up for land sector reforms during 2007 period, including Department for
International Development (DFID), Irish Aid, Oxfam GB, PACT-Kenya (USAID), International
Land Coalition, Actionaid International (Africa), Trocaire and Friedrich Ebert Stiftung (FES).
As we look ahead to 2008, I would like to thank all across KLA network and assure you of our
continued commitment to deliver on land reforms.
Peter Kariuki,
Chairperson, KLA Board of Trustees
3
7. Polycarp Onyango
Communication &
Publications Officer
Polycarp Onyango
Nellie Kadenge
Administrative Assistant
Jane Mwaniki
Administrative Assistant
Willy Sabila
Network Capacity Building
Officer
Willy Sabila
Dalphine Adre
Assistant Accountant
Mr. Willy Kipnoen Sabila and Ms. Dalphine Awuor Adre joined KLA employment as Network
Capacity Building Officer and assistant Accountant respectively, on
1st July 2007.
Ms. Nellie Mwendelani Kadenge joined KLA employment as Administrative Assistant
(Caretaker) on 15th November 2007 .
DEPARTING STAFF
Ms. Jane Wangechi Mwaniki left KLA
employment as the Administrative
Assistant (Caretaker) on
31st October 2007
Mr. Polycarp Otieno Onyango left KLA
employment as the Communication and
Publications Officer on
30th November 2007
New Appointments
5
NEW STAFF
8. HIGHLIGHT OF OUR ACHIEVEMENTS IN 2007
6
Throughout 2007 KLA worked hard to strengthen dialogue
among strategic partners to build commitments to pro-poor
land policies and practices provided in the draft National
Land Policy. In a consortium of seven like-minded Civil
Society Organizations KLA facilitated dialogue session
between and among government policy and decision-makers,
civil society organizations and centres of knowledge on land
and related resources issues. Quite successfully KLA worked
closely with land rights constituency groups, which enabled
them to become effective interlocutors with government on
land and natural resources policy formulation processes. This
further resulted into strengthened collective capacity among
women, pastoralists, informal settlement residents and traders,
fisher-folk, hunter-gathers and people living with disabilities
and HIV/AIDS to defend their rights from powerful interests;
and engage across sectors including the government, the private sector, development partners and
other civil society interests.
Our ultimate achievement was the push of the draft National Land Policy up to the GOK cabinet
and its wider circulation in the public domain. We ended the year with a popular version of the
National Land Policy published and which shall continue to be circulated to enable maximum public
outreach and any further consultation on the land policy implementation.
It is KLA’s considered opinion that overall, its involvement in the national land policy finalization
process is likely to give the country the land policy sooner than later. This is because there has been
considerable progress towards achieving completion of the main and arguably, the most important
output, that is, a land policy reflecting all the important issues, through a broadly consultative process.
The key outstanding matters that need to be prioritised in 2008 are firstly, official approval of the
policy for the final round by cabinet and by the Parliament, and secondly, institutional and legal
transformation.
NATIONAL LAND POLICY FINALIZATION DIALOGUE AND ADVOCACY
NATIONAL LAND POLICY
THE POPULAR VERSION
NOVEMBER 2007
KENYA LAND ALLIANCE
9. 7
CAPACITY BUILDING OF LAND CONTROL BOARDS AND
LAND DISPUTE TRIBUNALS
KLA is proud to have continued to support the capacity building programme aimed at
enhancing the ability of the Land Control Boards and Land Dispute Tribunals to function effectively
by providing technical advice to the training of these local level land administrative structures to
deliver the much needed services at the grassroots. KLA as a member of the Inter-MinisterialTechnical
Working Committee under the auspices of the Kenya School of Law has contributed to improved
performance of three quarters of Land Control Boards and Land Dispute Tribunals trained members
who serve the public from a more informed position on land issues and improved grasp of their roles
and responsibilities.
Through this effort KLA believes it is achieving the ultimate goal of addressing the issues of
credibility and accountability of land governance structures at the very grassroots level, which shall go
a long way in tackling development-related issues including endemic corruption in our society.
KEEPING THE IMPLEMENTATION OF ‘NDUNG’U COMMISSION’
REPORT CAMPAIGN ALIVE
In partnership with the Kenya National Commission on Human Rights, KLA managed to
keep the campaign for the implementation
of the ‘Ndung’u Commission’ Report alive
by detailing the cost and other human
rights dimensions of illegal and/or irregular
allocations of public land to individuals
and companies in total disregard of the law
and public interest. The widely circulated
publicationsundertitle“UnjustEnrichment,
The Making of Land Grabbing Millionaires”
have increased awareness of corruption as a
human rights issue, in addition to enhancing
the understanding of the cost of corruption
and hopefully it will add to the demand
for accountability and transparency in land
dealings.
As 2007 came to the end, KLA
was grateful to those who took time to
communicate with us about their considered
assessment that this series of publications
is a fair, accurate and an acceptable step to
championing for the redressing illegal and
irregular land transactions in Kenya
10. SUCCESSFUL HOSTING OF A STRATEGIC WORKSHOP FOR REGIONALIZATION
PROCESS OF INTERNATIONAL LAND COALITION (ILC) IN AFRICA
KLA is credited with the successful hosting of 54 members and partners of the International
Land Coalition in Nairobi between October 30 and November 2, 2007 that set up a regionalization
process of the ILC in Africa. KLA with support of the International Fund for Agricultural Development
(IFAD), the European Union and the Belgian Government marked a milestone to the growth of ILC
collective action and working together in Africa.
As was depicted in the theme of the strategic workshop “Putting a Pro-Poor Land Agenda into
Practice in Africa” KLA became an important eye-witness and participant in the Africa Land Reform
Agenda. It was indeed with this understanding that KLA became the inaugural decentralized Africa
region hub for coordinating the interim operations of ILC in Africa.
WORLD SOCIAL FORUM 2007 AT NAIROBI-KENYA
KLA played a significant role in mobilization, support and facilitation of the participation of
the women, pastoralists, fisher-folk, informal sector residents and traders, squatters and Internally
Displaced Persons and Hunter-gatherers in the World Social Forum held in Nairobi in January
2007. In partnership with Actionaid International (Africa, Asia and South America) we focused on
community mobilization and capacity building of local grassroots structures to engage with others in
the World-wide processes.
The biggest achievement from the World Social Forum was the opportunity it gave to the
participants to appreciate empirical goodness of networking and linkages as the best strategy to
counter land and natural resources problems facing them.
ILC Africa Regional Meeting, “ Putting a Pro - Poor Land Agenda into Practice in Africa” held on
30th Oct, - 2nd Nov, 2007 in Nairobi, Kenya
8
SUCCESSFUL HOSTING OF A STRATEGIC WORKSHOP FOR REGIONALIZATION
11. KLA PARTICIPATION 2007 IN PICTORIAL FORM
1 2
3 4
5 6
1. Community participation in the World Social Forum with KLA support.
2. Mr. Lumumba sharing a point with an international Journalist during the World Social
Forum, in Nairobi
3. International Land Meeting bringing both Africa and Asia held in Nairobi.
4. Lauching of “The Case for Women’s Landrights in the Proposed New Constitution” and
the “Policy Brief” at the KICC Plenary Hall,
5. Monitoring and Evaluation Visitation, Fisherfolk
6. Monitoring and Evaluation visitation at the “Dunga Beach” in Kisumu.
9
12. NETWORKING EVENTS KLA PARTICIPATED IN OR ORGANIZED IN 2007
EVENT DATE VENUE NOTES
World Social Forum
January 20-25,
2007
Kasarani Sports
Center
Opportunity for Networking and
establishing relationships with
other bodies / forums for common
engagement
Peer Educators Training
on mainstreaming HIV/
AIDS at the workplace
organized by OXFAM
February19–23,
2007
Sportsview Karasani
Hotel
Reflection on designing an HIV/
AIDS at work place
Pact Meeting on Design
of organizational capacity
assessment tool for Kenya
Civil Society
February 19 – 22,
2007
Panafric Hotel,
Nairobi
KLA opportunity to interact
and input into the designing
Organizational Capacity
Evaluation of Kenya
Forest Working Group
Mau Forest Advocacy
Project
February 27
– March 1, 2007
Maasai Environs
Sharing and learning of experiences
and challenges of Public Advocacy
practitioners
International Women’s
Day launch and
celebrations
March 1 and 8 ,
2007
Maragwa and Busia
Opportunity to learn and share
experiencesonhowbesttoinfluence
a pro-women land reform agenda
KLA Members Impact
Evaluation Report
March 22, 2007
Hotel Waterbuck,
Nakuru
InformedonKLAnetworkcapacity
and shortcomings in advocacy on
national land policy reform in the
country
Regional Development
policy formulation
workshop
March 22 – 23,
2007
KICC, Nairobi
Regional sharing and learning
experience and challenges faced at
regional level
KLA Board members
capacity building on
corporate governance
meeting
March 29, 2007
KLA offices in
Nakuru
Reflection and strategizing on
KLA institutional issues and
performance targets
Joint Meetings on
the National Policy
and Action Plan for
the Promotion and
Protection of Human
Rights in Kenya (NAP )
- Preparatory Meetings
& Public Hearings
April 3, 2007
April 5,2007
April 11, 2007
April 17, 2007
St. Mary’s Pastoral
Center
Nakuru
Baringo Town
Kericho Town
Nakuru, Town
Mobilization and preparation of
grassroots participation in framing
their concerns and fears regarding
the promotion, enhancement and
fulfillment of their human rights
10
13. NETWORKING EVENTS KLA PARTICIPATED IN OR ORGANIZED IN 2007 Contd
EVENT DATE VENUE NOTES
April 18, 2007
April 19, 2007
April 20, 2007
April 22, 2007
East Pokot
Samburu District
Nanyuki Town
Nyeri Town
National Land
Formulation Process
steering committee
meeting
April 12, 2007 Ardhi House, Nairobi
KLA opportunity to input into
the planning and holding of the
National Symposium on the draft
National Land Policy
Follow up meeting on
having a MOU between
KLA-IPAR on Research
and Advocacy at
National Level
April 16 and 27,
2007
IPAR offices, Nairobi
Strategizing on roles and
enhancement of public policy
advocacy on land and natural
resource sector.
Preparatory meeting of
the National Land Policy
Symposium
April 17, 2007 Panafric Hotel
Creating CSOs synergy and
approach to the debate at the
National Symposium
National Symposium
on Draft National Land
Policy
April 26 - 27, 2007 KICC, Nairobi
Provided an opportunity to Civil
Society Land Network to push for
the adoption of the draft National
Land Policy
International Land
Coalition Global Annual
Assembly of Members
April 24-27, 2007 Entebbe,Uganda
Networking opportunity on
“Land, Dignity and Development:
Putting a Pro-poor Land Agenda
into Practice”
Launch of Movement for
Political Accountability
(MOPA) Campaign
May 5, 2007
Nyayo Gardens,
Nakuru
Mobilization and preparation of
grassroots (Rift Valley region)
participation in the movement for
political accountability.
Organizational Capacity
Assessment Workshop
and Improvement
Planning Session
May 7, 2007 KLA offices, Nakuru
Reflection and strategizing
on institutional linkages and
performance
Africa Commission for
Peoples and Human
Rights Session on
Review of Government
Reports
May12 – 18 2007 Accra, Ghana
KLA input into promoting,
enhancement & fulfillment of
women’s land rights as human
rights.
ECOSOC CSO’s
meeting
May 24 , 2007
Panafric Hotel,
Nairobi
KLA opportunity to interact and
input into the discourse
11
14. NETWORKING EVENTS KLA PARTICIPATED IN OR ORGANIZED CTD...
12
EVENT DATE VENUE NOTES
Annual General Meeting May 29, 2007
Waterbuck Hotel
Nakuru
Reflection, Appraisal, Audit and
Planning of KLA work
Launch of MOPA
campaign
June 5- 7, 2007 Mombasa
KLA teamed up with other activists
to popularize the campaign on
political accountability among the
Launching of the
Katwekera Bio-Center
June 5, 2007
Katwekera Village,
Kibera - Nairobi
Sharing of efforts CSOs success
in promoting alternative energy
Groots Global Women
Academy
July 7, 2007 KICC
KLA women’s land rights
partnerships effort.
ILEG’S meeting on
a National CSOs
consultative forum on
review of the Mining Bill
and Policy
June 7 – 10, 2007
Eldoret Town and
Fluorspar Mining site
in Kerio-Valley
Evaluation of CSOs continued
engagement with Mining, Mineral
Resources Policy and Legislative
Framework Formulation Process
Meeting with the
P a r l i a m e n t a r y
Committee on Lands,
Agriculture and Natural
Resources
July 6, 2007 Parliament Building
KLA informed input into Squatters
Settlement Bill and Pressurizing for
its relegation.
Meeting with NORAD
to strategize on the
support of CSO’s
July 12, 2007 Norwegian Embassy
KLA teamed with other CSOs in
sensitizing NORAD on the need
to support CSO’s work
Advocacy Training of
KLA Members and
Constituencies
July 19, 2007 Kunste Hotel, Nakuru
CapacitybuildingofKLAmembers
on Public Policy Advocacy
Approaches
Meeting with DFID
on the progress made
in implementing the
recommendations of the
‘Ndung’u Commission’
report
July 24, 2007 Fairview, Nairobi
Reviewing campaign strategy for
pressurizingfortheimplementation
of ‘Ndung’u Commission’ Report.
Monitoring and
Evaluation Reporting
Training Workshop
August 9 - 13 2007
Silver Spring Hotel,
Nairobi
Capacity building on Monitoring
and Evaluation Reporting skills
HIV/AIDS draft policy August 16, 2007 Bontana, Nakuru To fine-tune the HIV/AIDS draft
Constituency experience
sharing workshop
August 21- 24,
2007
Kakamega
Sharing and learing experiences
and challenges of land rights
15. 13
NETWORKING EVENTS KLA PARTICIPATED IN OR ORGANIZED CTD...
EVENT DATE VENUE NOTES
Donor/StrategicPartners
meeting
September 11, 2007
Nairobi Safari Club
Hotel, Nairobi
Dialogue between Donor Land
Sector Group and Land Network
CSOs group on sustainable
resource mobilization strategy
Community Level
meeting on access and
use of Natural Resources
September 13, 2007 Muchongoi, Laikipa
Networking opportunity and
evaluating impact of uninformed
policy on livelihoods
Annual National NGOs
Conference
September 19– 22,
2007
Harare Zimbabwe
KLA opportunity to interact and
input into the discourse of shaping
NGO’s work
Kenya Human Rights
Commission Regional
Civil Society Forum on
Elections and Human
Rights in Africa
September 25, 2007
Panafric Hotel,
Nairobi
KLA teamed up with other CSOs
in trying to understand issues
that need to inform Electoral
Campaigns and Elections
Janadesh land rights
walk
October14 -30,
2007
India
Solidarity with Ekta Parishad and
other Social Movements in setting
a Common Platform for Action to
resolve land issues
Strategic Planning
W o r k s h o p f o r
Decentralization of ILC
in African Region
October 30 –
November 2 , 2007
Methodist Guest
House, Nairobi
KLA with support of IFAD, the EC
and Belgium Government marked
a milestone to the growth of ILC
collective action and working
together in Africa
Local community
meeting-Marakwet/
U a s i n - G i s h u
stakeholders
November13 , 2007 Iten Town
Opportunity to reflect and evaluate
use of shared water resource
Dissemination of
materials by KLA Staff
members
November 26
– December 11 ,
2007
North Rift, Nairobi,
Coast,Central,
Eastern, Western and
Nyanza provinces
Enhanced team spirit among KLA
members and Staff for effective
dissemination of Calendars, Year
Planners Land Charter, Score Card,
and National Land Policy Popular
Version
National Forum on
Fisheries Bill
December 5 , 2007
Kenya School of
Monetary Studies,
Nairobi.
Led strategic partners in
deliberating and further inputting
to the Bill
16. 14
LESSONS LEARNED AND CHALLENGES FACED
2007 was the second year of implementation of KLA strategic plan (2006 -2010). Lessons learned
through strategic partnerships, advocacy trainings, experience sharing workshops and field visits
expanded KLA collaborative work with members and constituencies namely: women, fisher folk,
pastoralists, hunter gatherers, squatters, Internally Displaced Persons, informal sector (hawkers &
Slum dwellers).
The institutional analysis shows that KLA is becoming strong and skilled in building alliances and
entering into collaboration with a multitude of stakeholders. KLA has facilitated the development
of an enabling environment for state – CSOs interaction on land and natural resources sector.
Lessons learnt and challenges faced stems from the implementation of various activities in pursuit
of achieving the following key objectives namely:
• Facilitation of networking, information gathering and sharing among KLA members
and others locally, regionally and globally.
• Sensitization of the Civil Society, Government, Donors and the public to create
greater understanding of what is needed to secure and protect the landrights of the
rural, urban, poor and other disadvantaged groups.
• Contribution to the national debate on land reform and generation of policy and legal
options.
• Lobbying and advocacy for policy and legislative reforms
The following are key lessons learned and challenges faced that stand to inform KLA future
planning and accomplishments:
1. As the National Land Policy Formulation Process entered the finalization phase we
learned that it was more contested, contentious and required political will and committed
public pressure to push the draft National Land Policy document through Cabinet and
Parliament. The major challenge faced was retaining development partners’ support on Land
Policy Formulation Process given the lengthy and seemingly endless roadmap it was taking
within a fluid political environment of 2007 as a General Elections year.
2. We learnt that whereas the ‘Ndung’u Commission’ report is considered a fair, accurate
and an acceptable basis for redressing illegal and irregular land transactions in Kenya. The
challenge faced was that the main beneficiaries of the illegal and irregular land transactions are
political and economic elites who made the government implementation of recommendations
ofthecommissionpracticallyimpossible,despiteKLAandourstrategicpartners’commitment
and pressure.
18. Introduction
A majority of the Kenyan population live in rural areas accessing land and natural resources through
customary systems and institutions that operate largely outside the mainstream legal framework of
land administration. Although there are clear provisions in the Constitution and the Trust Land Act on
management of trust land there appears to be an unwritten policy on the part of government that sees
community land as land that is not owned but rather is available for County Councils and government to
appropriate through the setting apart procedure. There has been no cohesive policy, legal and institutional
framework supportive of customary land tenure. Instead, the formal framework for the management
and administration of land has been driven largely by a modernization ethic that sought to privatize and
individualize land tenure. In pastoral areas and other areas where trust land regime applies the form that
land rights take is generally subservient or ‘held in trust’. The land in trust land areas is broadly regarded
as the property of Local Government Authorities. People who have lived on trust land for generations often
find that they do not realize their legal rights to the land in question as a result of unilateral action on the
part of County Councils often in total disregard of provisions of the Constitution and the Trust Land Act.
Despite community historical rights to trust lands and other communal lands, the general problems which
are caused by lack of legally enforceable rights to trust land include the following:
• Vulnerability to interference or setting apart of customary rights by the government
• Difficulty in securing credit and other development finances using land as collateral
• Lack of administrative support for the customary system of land rights, making the position of the
occupants of the vulnerable
• Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable
customary land rights to grant community land in exchange for money or to bolster their personal
power
This legal insecurity that makes it difficult for people to protect their land, whether from setting apart, or
any other form of compulsory acquisition is what has resulted into the demand for a regime of community
land tenure. Tragically, the opportunity provided by the Constitution and the Trust Land Act at independence
for recognizing and giving effect to African customary land rights has been squandered by the tendency
to manage trust land with little or no regard for the trust obligations envisaged in the law (see Box 1).
Between the Commissioner of Lands and the County Councils, the trust lands have virtually been turned
into the private estate of the local government.
The setting aside powers vested in the County Councils and the President have been used to privatize large
portions of trust lands to individuals and other groups, resulting in increased insecurity of tenure for rural
land users. Even the Land (Group Representative) Act Cap 287 under which the group ranches are created
which were touted as a mechanism for statutory entrenchment of customary land use collapsed within two
decades with most of the group ranches being subdivided into individual portions of land.
Kenya Land Alliance RECONCILE
POLICY BRIEF
COMMUNITY LAND TENURE AND THE MANAGEMENT
OF COMMUNITY LAND IN KENYA
1
Box 1: Trust Land in the Constitution
All trust land shall vest in the county council within whose area of jurisdiction it is situated.
(Constitution of Kenya, Section 115(1)
Each county council shall hold the Trust land vested in it for the benefit of the persons ordi-
narily resident on that land and shall give effect to such rights , interests or other benefits
in respect of the land as may, under the African customary law for the time being in force
and applicable thereto, be vested in any tribe, group, family or individual (Constitution of
Kenya, Section 115(2)
framework supportive of customary land tenure. Instead, the formal framework for the management
and administration of land has been driven largely by a modernization ethic that sought to privatize and
individualize land tenure. In pastoral areas and other areas where trust land regime applies the form that
land rights take is generally subservient or ‘held in trust’. The land in trust land areas is broadly regarded
as the property of Local Government Authorities. People who have lived on trust land for generations often
appropriate through the setting apart procedure. There has been no cohesive policy, legal and institutional
framework supportive of customary land tenure. Instead, the formal framework for the management
and administration of land has been driven largely by a modernization ethic that sought to privatize and
individualize land tenure. In pastoral areas and other areas where trust land regime applies the form that
land rights take is generally subservient or ‘held in trust’. The land in trust land areas is broadly regarded
as the property of Local Government Authorities. People who have lived on trust land for generations often
individualize land tenure. In pastoral areas and other areas where trust land regime applies the form that
land rights take is generally subservient or ‘held in trust’. The land in trust land areas is broadly regarded
as the property of Local Government Authorities. People who have lived on trust land for generations often
find that they do not realize their legal rights to the land in question as a result of unilateral action on the
part of County Councils often in total disregard of provisions of the Constitution and the
Despite community historical rights to trust lands and other communal lands, the general problems which
are caused by lack of legally enforceable rights to trust land include the following:
Vulnerability to interference or setting apart of customary rights by the government
Difficulty in securing credit and other development finances using land as collateral
Lack of administrative support for the customary system of land rights, making the position of the
occupants of the vulnerable
Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable
customary land rights to grant community land in exchange for money or to bolster their personal
This legal insecurity that makes it difficult for people to protect their land, whether from setting apart, or
any other form of compulsory acquisition is what has resulted into the demand for a regime of community
land tenure. Tragically, the opportunity provided by the Constitution and the Trust Land Act at independence
for recognizing and giving effect to African customary land rights has been squandered by the tendency
to manage trust land with little or no regard for the trust obligations envisaged in the law (see Box 1).
Between the Commissioner of Lands and the County Councils, the trust lands have virtually been turned
into the private estate of the local government.
All trust land shall vest in the county council within whose area of jurisdiction it is situated.
Vulnerability to interference or setting apart of customary rights by the government
as the property of Local Government Authorities. People who have lived on trust land for generations often
find that they do not realize their legal rights to the land in question as a result of unilateral action on the
part of County Councils often in total disregard of provisions of the Constitution and the
Despite community historical rights to trust lands and other communal lands, the general problems which
are caused by lack of legally enforceable rights to trust land include the following:
Vulnerability to interference or setting apart of customary rights by the government
as the property of Local Government Authorities. People who have lived on trust land for generations often
land rights take is generally subservient or ‘held in trust’. The land in trust land areas is broadly regarded
as the property of Local Government Authorities. People who have lived on trust land for generations often
find that they do not realize their legal rights to the land in question as a result of unilateral action on the
part of County Councils often in total disregard of provisions of the Constitution and the
Despite community historical rights to trust lands and other communal lands, the general problems which
are caused by lack of legally enforceable rights to trust land include the following:
Vulnerability to interference or setting apart of customary rights by the government
Difficulty in securing credit and other development finances using land as collateral
Lack of administrative support for the customary system of land rights, making the position of the
Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable
customary land rights to grant community land in exchange for money or to bolster their personal
This legal insecurity that makes it difficult for people to protect their land, whether from setting apart, or
any other form of compulsory acquisition is what has resulted into the demand for a regime of community
Difficulty in securing credit and other development finances using land as collateral
Lack of administrative support for the customary system of land rights, making the position of the
Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable
customary land rights to grant community land in exchange for money or to bolster their personal
This legal insecurity that makes it difficult for people to protect their land, whether from setting apart, or
any other form of compulsory acquisition is what has resulted into the demand for a regime of community
customary land rights to grant community land in exchange for money or to bolster their personal
This legal insecurity that makes it difficult for people to protect their land, whether from setting apart, or
any other form of compulsory acquisition is what has resulted into the demand for a regime of community
land tenure. Tragically, the opportunity provided by the Constitution and the Trust Land Act at independenceland tenure. Tragically, the opportunity provided by the Constitution and the Trust Land Act at independence
for recognizing and giving effect to African customary land rights has been squandered by the tendency
to manage trust land with little or no regard for the trust obligations envisaged in the law (see Box 1).
Between the Commissioner of Lands and the County Councils, the trust lands have virtually been turned
any other form of compulsory acquisition is what has resulted into the demand for a regime of community
land tenure. Tragically, the opportunity provided by the Constitution and the Trust Land Act at independence
for recognizing and giving effect to African customary land rights has been squandered by the tendency
to manage trust land with little or no regard for the trust obligations envisaged in the law (see Box 1).
Between the Commissioner of Lands and the County Councils, the trust lands have virtually been turned
Box 1: Trust Land in the Constitution
All trust land shall vest in the county council within whose area of jurisdiction it is situated.
Each county council shall hold the Trust land vested in it for the benefit of the persons ordi
narily resident on that land and shall give effect to such rights , interests or other benefi
Box 1: Trust Land in the Constitution
All trust land shall vest in the county council within whose area of jurisdiction it is situated.
Each county council shall hold the Trust land vested in it for the benefit of the persons ordi
narily resident on that land and shall give effect to such rights , interests or other benefi
Box 1: Trust Land in the Constitution
All trust land shall vest in the county council within whose area of jurisdiction it is situated.
(Constitution of Kenya, Section 115(1)
Each county council shall hold the Trust land vested in it for the benefit of the persons ordi
narily resident on that land and shall give effect to such rights , interests or other benefi
land tenure. Tragically, the opportunity provided by the Constitution and the Trust Land Act at independence
for recognizing and giving effect to African customary land rights has been squandered by the tendency
to manage trust land with little or no regard for the trust obligations envisaged in the law (see Box 1).
Between the Commissioner of Lands and the County Councils, the trust lands have virtually been turned
into the private estate of the local government.
Box 1: Trust Land in the Constitution
any other form of compulsory acquisition is what has resulted into the demand for a regime of community
land tenure. Tragically, the opportunity provided by the Constitution and the Trust Land Act at independence
for recognizing and giving effect to African customary land rights has been squandered by the tendency
to manage trust land with little or no regard for the trust obligations envisaged in the law (see Box 1).
Between the Commissioner of Lands and the County Councils, the trust lands have virtually been turned
into the private estate of the local government.
Box 1: Trust Land in the Constitution
any other form of compulsory acquisition is what has resulted into the demand for a regime of community
land tenure. Tragically, the opportunity provided by the Constitution and the Trust Land Act at independence
for recognizing and giving effect to African customary land rights has been squandered by the tendency
to manage trust land with little or no regard for the trust obligations envisaged in the law (see Box 1).
Between the Commissioner of Lands and the County Councils, the trust lands have virtually been turned
into the private estate of the local government.
Vulnerability to interference or setting apart of customary rights by the government
Difficulty in securing credit and other development finances using land as collateral
Lack of administrative support for the customary system of land rights, making the position of the
occupants of the vulnerable
Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable
customary land rights to grant community land in exchange for money or to bolster their personal
power
This legal insecurity that makes it difficult for people to protect their land, whether from setting apart, or
any other form of compulsory acquisition is what has resulted into the demand for a regime of community
Vulnerability to interference or setting apart of customary rights by the government
Difficulty in securing credit and other development finances using land as collateral
Lack of administrative support for the customary system of land rights, making the position of the
occupants of the vulnerable
Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable
customary land rights to grant community land in exchange for money or to bolster their personal
power
This legal insecurity that makes it difficult for people to protect their land, whether from setting apart, or
any other form of compulsory acquisition is what has resulted into the demand for a regime of community
land tenure. Tragically, the opportunity provided by the Constitution and the Trust Land Act at independence
Box 1: Trust Land in the Constitution
All trust land shall vest in the county council within whose area of jurisdiction it is situated.
(Constitution of Kenya, Section 115(1)
narily resident on that land and shall give effect to such rights , interests or other benefi
in respect of the land as may, under the African customary law for the time being in force
and applicable thereto, be vested in any tribe, group, family or indiv
Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable
customary land rights to grant community land in exchange for money or to bolster their personal
individualize land tenure. In pastoral areas and other areas where trust land regime applies the form that
land rights take is generally subservient or ‘held in trust’. The land in trust land areas is broadly regarded
as the property of Local Government Authorities. People who have lived on trust land for generations often
find that they do not realize their legal rights to the land in question as a result of unilateral action on the
All trust land shall vest in the county council within whose area of jurisdiction it is situated.
occupants of the vulnerable
• Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable
customary land rights to grant community land in exchange for money or to bolster their personal
management of trust land there appears to be an unwritten policy on the part of government that sees
community land as land that is not owned but rather is available for County Councils and government to
appropriate through the setting apart procedure. There has been no cohesive policy, legal and institutional
framework supportive of customary land tenure. Instead, the formal framework for the management
Despite community historical rights to trust lands and other communal lands, the general problems which
are caused by lack of legally enforceable rights to trust land include the following:
Vulnerability to interference or setting apart of customary rights by the government
Difficulty in securing credit and other development finances using land as collateral
Lack of administrative support for the customary system of land rights, making the position of the
occupants of the vulnerable
Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable
customary land rights to grant community land in exchange for money or to bolster their personal
This legal insecurity that makes it difficult for people to protect their land, whether from setting apart, or
any other form of compulsory acquisition is what has resulted into the demand for a regime of community
land tenure. Tragically, the opportunity provided by the Constitution and the Trust Land Act at independence
for recognizing and giving effect to African customary land rights has been squandered by the tendency
to manage trust land with little or no regard for the trust obligations envisaged in the law (see Box 1).
Between the Commissioner of Lands and the County Councils, the trust lands have virtually been turned
part of County Councils often in total disregard of provisions of the Constitution and the
Despite community historical rights to trust lands and other communal lands, the general problems which
are caused by lack of legally enforceable rights to trust land include the following:
Vulnerability to interference or setting apart of customary rights by the government
Difficulty in securing credit and other development finances using land as collateral
Lack of administrative support for the customary system of land rights, making the position of the
occupants of the vulnerable
Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable
customary land rights to grant community land in exchange for money or to bolster their personal
This legal insecurity that makes it difficult for people to protect their land, whether from setting apart, or
any other form of compulsory acquisition is what has resulted into the demand for a regime of community
land tenure. Tragically, the opportunity provided by the Constitution and the Trust Land Act at independence
for recognizing and giving effect to African customary land rights has been squandered by the tendency
to manage trust land with little or no regard for the trust obligations envisaged in the law (see Box 1).
Between the Commissioner of Lands and the County Councils, the trust lands have virtually been turned
Despite community historical rights to trust lands and other communal lands, the general problems which
Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable
customary land rights to grant community land in exchange for money or to bolster their personal
Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable
customary land rights to grant community land in exchange for money or to bolster their personal
Lack of administrative support for the customary system of land rights, making the position of the
Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable
customary land rights to grant community land in exchange for money or to bolster their personal
Lack of administrative support for the customary system of land rights, making the position of the
Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable
customary land rights to grant community land in exchange for money or to bolster their personal
Lack of administrative support for the customary system of land rights, making the position of the
Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable
customary land rights to grant community land in exchange for money or to bolster their personal
land rights take is generally subservient or ‘held in trust’. The land in trust land areas is broadly regarded
as the property of Local Government Authorities. People who have lived on trust land for generations often
find that they do not realize their legal rights to the land in question as a result of unilateral action on the
part of County Councils often in total disregard of provisions of the Constitution and the
Despite community historical rights to trust lands and other communal lands, the general problems which
are caused by lack of legally enforceable rights to trust land include the following:
Vulnerability to interference or setting apart of customary rights by the government
land rights take is generally subservient or ‘held in trust’. The land in trust land areas is broadly regarded
as the property of Local Government Authorities. People who have lived on trust land for generations often
find that they do not realize their legal rights to the land in question as a result of unilateral action on the
part of County Councils often in total disregard of provisions of the Constitution and the
Despite community historical rights to trust lands and other communal lands, the general problems which
are caused by lack of legally enforceable rights to trust land include the following:
Vulnerability to interference or setting apart of customary rights by the government
individualize land tenure. In pastoral areas and other areas where trust land regime applies the form that
land rights take is generally subservient or ‘held in trust’. The land in trust land areas is broadly regarded
as the property of Local Government Authorities. People who have lived on trust land for generations oftenas the property of Local Government Authorities. People who have lived on trust land for generations often
appropriate through the setting apart procedure. There has been no cohesive policy, legal and institutional
framework supportive of customary land tenure. Instead, the formal framework for the management
and administration of land has been driven largely by a modernization ethic that sought to privatize and
individualize land tenure. In pastoral areas and other areas where trust land regime applies the form that
land rights take is generally subservient or ‘held in trust’. The land in trust land areas is broadly regarded
as the property of Local Government Authorities. People who have lived on trust land for generations often
individualize land tenure. In pastoral areas and other areas where trust land regime applies the form that
land rights take is generally subservient or ‘held in trust’. The land in trust land areas is broadly regarded
as the property of Local Government Authorities. People who have lived on trust land for generations often
POLICY BRIEF
PUBLIC LAND TENURE AND MANAGEMENT
OF PUBLIC LAND IN KENYA
Introduction
The present public land tenure management system in Kenya is fragmented, uncoordinated and non-transparent.
The public land tenure as embodied in the Government Lands Act, Cap 280 of the Laws of Kenya lacks a coherent
information system and is bedeviled by a lack of clarity in the roles, responsibilities and policies of different institutions
in its administration, planning and disposal. Thus, there is a need for a set of national norms and standards to ensure
efficient and effective use of public land as an asset in support of land reform.
The continued expansion of private tenure domain by ruling elite at the expense of public tenure cannot go on
unmitigated. The concept of public land tenure is appreciated worldwide notwithstanding the complex tenurial
arrangements. It is predicated on the public trust doctrine, which revolves around matters of public good such
as environmental sustainability, public safety, security, health, defence, morality, town and country planning,
infrastructure and general development imperative. The doctrine is very broad and it is enshrined in the current
Kenyan Constitution in section 75 within the salient elements of the public interest.
In addressing the land question in Kenya, it must be acknowledged that land by its very nature belongs not to a class
or a few, but to present and future generations and this is best achieved through the promulgation of the public land
tenure regime in policy and law. Through public land tenure the policy makers shall confront the often neglected but
persistent concerns of social equity, historical injustice, democratic decision-making and the rational balancing of
competing uses of land.
Public Land
Public land is simply all land that is not private land or community land, and any other land declared to be public
land by an Act of Parliament. Thus, public land is collective property of the present and future generations and shall
vest in and be held by the National Land Commission in trust for the people of Kenya. It includes all land held by
the government or any other public agency for the benefit of the entire public. Public land is a national resource,
the uses of which should be governed by the National Land Policy that supports the public’s macro-economic, human
development and redistribution goal. While securing the rights of those who beneficially occupy public land, the asset
that is public land should be effectively managed in the public’s best interest. However, what exists as public land
in Kenya at the moment is described as Government Land. The Government Lands Act defines Government Land as “
Land for the time being vested in the Government by virtue of Sections 204 and 205 of the Constitution (as contained
in Schedule 2 to the Kenya Independence Order in Council 1963) and Sections 21,22,25 and 26 of the Constitution
of Kenya (Amendment) Act, 1964.” This definition has grave implications in law and practice. It gives the erroneous
impression that the government owns the land as a private entity and can use, abuse and dispose it as every private
owner.
Public Land Management
Tragically, the undemocratic and exploitative colonial system still informs the policies, laws and institutions charged
with management of public land in Kenya. The colonial legal system commencing with the Foreign Jurisdiction Act
of 1890, which provided that the imperial power had control over and could therefore freely dispose of “waste and
unoccupied land in protectorates, where there were no settled form of government and where land had not been
appropriated to the local sovereign or individuals” was adopted wholesale in both the Crown Lands Ordinance of 1902
and of 1915 and at independence in the Government Lands Act. Principally, the President enjoys the same powers the
Governor had over land in the Kenya Colony. Indeed through the provisions of the Government Lands Act, the president
is at liberty to make grants of public land to individuals and corporate entities either in leasehold or freehold.
Trends and experiences from the world over show that there is a broad range of policies in relation to public land.
However, the bottom line is that public land is a national public resource that should be effectively managed in the
public’s best interest. The over arching management framework within which land use and development decisions
around public land should be made is public good. The government of the day’s key responsibilities in regard to public
1
Kenya Land Alliance Hakijamii Trust
POLICY BRIEF
RIGHTING THE WRONGS:
HISTORICAL INJUSTICES AND LAND
REFORMS IN KENYA
KENYA LAND
ALLIANCE
KENYA HUMAN
RIGHTS COMMISSION
1
Introduction
For historical reasons, Kenya inherited a highly skewed system of land ownership at independence
in 1963. British colonialism in Kenya was not merely administrative, rather it was accompanied by
massive and widespread land alienation for the benefit of settler agriculture. As a result the best
agricultural land-the White Highlands, and the adjacent rangelands were taken from Africans, without
compensation, and parceled out to white settlers. Colonial legislation was then enacted to legalize this
process. As a result, whole communities lost valuable land that they had occupied over generations.
The customary land tenure systems under which Africans had guaranteed claims over the land they
occupied were supplanted by the registration of individual title holders under the colonial system.
Independence failed to reverse this loss of African land, given that the colonial legislation protecting
the rights of the land title holders was inherited by the first post-independence government of
President Jomo Kenyatta. The Constitution negotiated at Lancaster House in London, provided for
an elaborate protection of private property without reference to the history of its acquisition. The
successive post-independence governments have continued to uphold the sanctity of privately owned
land to the frustration of the large number of Kenyans who had been dispossessed through colonialism
leaving them squatters on their ancestral land or landless poor. This situation demands an equitable
land distribution process that is capable of providing livelihood opportunities to the landless poor as
well as redressing colonial wrongs and re-establishing justice in the land sector.
The severity of the problem of historical injustices has repeatedly been articulated in various forums
established by the government, including the Constitution of Kenya Review Commission, the Presidential
Commission of Inquiry into the Land Law System of Kenya and the Presidential Commission of Inquiry
into the Illegal/Irregular Allocation of Public Land and the National Land Policy Formulation Process.
The Draft Constitution of Kenya which was rejected at a referendum in 2005 recognized this problem
of historical injustices and required the government to effectively address it. This is in recognition of
the fact that equitable access to land is an essential precursor for economic development in Kenya, as
most primary and secondary economic activities-agriculture, tourism, mining, pastoralism and agro-
based manufacturing sector - are dependent on land.
The failure by successive governments to adequately deal with historical injustices has allowed the
grievances to fester and the problem to ferment into a national crisis. Reports by both government
and non-governmental agencies have recorded that the violent clashes and conflicts over land-based
resources in the Rift Valley and other parts of the country in the 1990s were ignited by the political
exploitation of these grievances. Since then, far from subsiding, these kinds of clashes appear to have
gained momentum nationwide. The various studies of the land question in Kenya have established the
inextricable linkages between the problems of poverty, insecurity and landlessness.
Key Concerns
Squatter Problem
The Draft National Land Policy developed by the government has identified the problem of squatters
as a historical product. Although the precise number of squatters is unknown, it is clearly a problem
that dates back to the colonial period when Africans were declared Tenants at Will of the Crown
following the Crown Lands Ordinance of 1915. Most of the displaced peasants never got back their
POSITION PAPER
Civil Society Position on the Draft
National Land Policy
Kenya Land Alliance
FIDA-KENYA
RECONCILE
Shelter Forum
Institution of
Surveyors of Kenya
Citizen Assembly Hakijamii Trust Kenya Human Rights Commission
DRAFT NATIONAL LAND
POLICY
PublicationsKLA Publications
16
The Land Charter
19. 17
KENYA LAND ALLIANCE
Board of Trustee’s Report and Financial Statements
31st December 2007
CONTENTS PAGE
Report of the Trustees 18
Statement of Trustees’ Responsibilities 19
Report of the Independent Auditors 20
Financial Statements:-
Balance Sheet 21
Income Statement 22
Cash Flow Statement 23
Notes to the Financial Statements 24 - 28
FINANCIAL REPORT
To achieve its mandate, KLA has continuously mobilized the required resources from donors and
its membership. KLA has made a deliberate effort to widen its donor base for sustainability. In 2007,
KLA received support from The Department for International Development (DFID), OXFAM
GB, Irish Aid, Action Aid International (Africa), Friedrich Ebert Foundation (FES), Trocaire, The
International Land Coalition, and PACT Kenya (USAID).
This annual report represents the Balance Sheet and Statement of Account of our income and
expenditures as at December 31, 2007, with comparisons for the year 2006. The full financial
statements audited by the firm of Ernst & Young are available at the KLA secretariat. Herein find
some of the excerpts.
20. 18
KENYA LAND ALLIANCE
REPORT OF THE BOARD OF TRUSTEE’S
FOR THE 31ST DECEMBER 2007
The Board of Trustees submit their report and the audited financial statements for the year
ended 31 December 2007, which show the state of the Alliance’s affairs.
1. PRINCIPAL ACTIVITY
The Alliance continues to serve as a network of Civil Society Organisations and individuals
for effective advocacy on land laws and policy reforms.
2. RESULTS
The results for the year are set out on page 7.
3. RESERVES
The general reserves are set out on page 10, note 4.
4. TRUSTEES
The trustees who served during the year and to the date of this report were:
Michael Ochieng’ Odhiambo
Peter Kariuki
Nyokabi Gitahi
Maurice Odhiambo Makoloo
Hassan G. Shano
Nagib Shamsan
Philip Wambua Muema
Purity M. G Ngunjiri
Ted Olang’
Carolyn Nekesa
Elijah Odhiambo
Patita Tingoi
5. AUDITORS
Ernst & Young have expressed their willingness to continue in office.
By Order of the Board of Trustees
21. 19
KENYA LAND ALLIANCE
STATEMENT OF THE BOARD OF TRUSTEE’S RESPONSIBILITIES
ON THE FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2007
The Board of Trustees is required to prepare financial statements for each financial year, which
give a true and fair view of the state of affairs of the Alliance as at the end of the financial year and
of its operating results for that year.It is also required to ensure that the Alliance keeps proper
accounting records which disclose, with reasonable accuracy, the financial position of the
Alliance. It is also responsible for safeguarding the assets of the Alliance.
The Board of Trustees accept responsibility for the annual financial statements, which have been
prepared using appropriate accounting policies supported by reasonable and prudent judgements
and estimates, in conformity with International Financial Reporting Standards. The Board of
Trustees are of the opinion that the financial statements give a true and fair view of the state of
the financial affairs of the Alliance and of its operating results. The Board of Trustees further
accept responsibility for the maintenance of accounting records which may be relied upon in the
preparation of financial statements, as well as adequate systems of internal financial control.
Nothing has come to the attention of the Board of Trustees to indicate that the Alliance will not
remain a going concern for at least the next twelve months from the date of this statement.
……………………………………………………
Chairperson
……………………………………………………
Treasurer
………………………………………………2008
Date
22. REPORT OF THE INDEPENDENT AUDITORS
TO THE MEMBERS OF
KENYA LAND ALLIANCE
REPORT ON THE FINANCIAL STATEMENTS
We have audited the accompanying financial statements of Kenya land Alliance set out on pages 21 to 28 which
comprise the Alliance’s balance sheet as at 31 December 2007, income statement and cashflow statement for the
year then ended and a summary of significant accounting policies and other explanatory notes.
BOARD OF TRUSTEES’ RESPONSIBILITY FOR FINANCIAL STATEMENTS
The Board of Trustees is responsible for the preparation and fair presentation of these financial statements in
accordance with International Financial Reporting Standards. This responsibility includes: designing, implementing
and maintaining internal controls relevant to the preparation and fair presentation of financial statements that are free
of material misstatement, whether due to fraud or error; selecting and applying appropriate accounting policies; and
making accounting estimates that are reasonable in the circumstances.
AUDITOR’S RESPONSIBILITY
Our responsibity is to express an independent opinion on these financial statements based on our audit. We conducted
our audit in accordance with International Standards on Auditing. Those standards require that we comply with
ethical requirements and plan and perform the audit to obtain reasonable assurance whether the financial statements are
free from material misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the
financial statements. The procedures selected depend on our professional judgement, including the assessment of
the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk
assessments, the auditors considers internal controls relevant to the Alliance’s preparation and fair presentation
of the financial statements in order to design audit procedures that were appropriate in the circumstances, but not
for the purpose of expressing an opinion on the effectiveness of the Alliance’s internal controls. An audit also
includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting
estimates made by the board, as well as evaluating the overall presentation of the financial statements.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit
opinion.
GOING CONCERN
The financial statements have been prepared on a going concern basis and the validity of this depends on the
continuing donor funding. In the absence of such support, this basis would be inappropriate. Provisions would then
have to be made for any adjustments that might be necessary if the Alliance’s assets were realised at amounts
different from those in the financial statements.
OPINION
In our opinion, except for the effects of such adjustments, if any, as might have been necessary if the assets of the
Alliance are realised at amounts different from those in the financial statements, proper books of accounts have been
kept by the Alliance, and, the accompanying financial statements give a true and fair view of the state of the
financial affairs of the Alliance as at 31 December 2007 and of its deficit and cash flows for the year then ended
and comply with International Financial Reporting Standards.
....................................................
Nakuru
2008
20
23. 21
KENYA LAND ALLIANCE
BALANCE SHEET
AS AT 31ST DECEMBER 2007
2007 2006 2005
Note KShs KShs KShs
ASSETS
CURRENT ASSETS
Receivables 3 816,999 1,711,718 630,050
Bank balances and cash 24,294,375 10,964,794 19,215,444
-------------- -------------- --------------
TOTAL ASSETS 25,111,374 12,676,512 19,845,494
========= ========= =========
RESERVES AND LIABILITIES
GENERAL RESERVES 4 486,414 915,049 539,718
-------------- -------------- --------------
DEFERRED INCOME 5 23,115,470 11,022,744 17,225,409
-------------- -------------- --------------
CURRENT LIABILITIES
Payables 6 1,509,490 738,719 1,661,976
Amount due to related parties 7 - - 418,391
-------------- ------------- ------------
1,509,490 738,719 2,080,367
--------------- -------------- --------------
TOTAL RESERVES AND LIABILITIES 25,111,374 12,676,512 19,845,494
========== ========= =========
The financial statements were approved by the Board of Trustees on…...….……..…..…....……… 2008 and signed
on its behalf by:-
………………………………….… Chairperson
………………………………….… Treasurer
24. 22
KENYA LAND ALLIANCE
INCOME STATEMENT
FOR THE YEAR ENDED 31ST DECEMBER 2007
2007 2006
Note KShs KShs
INCOME 8 37,940,937 34,505,297
DIRECT EXPENSES 9 (30,945,507) (27,228,255)
--------------- ---------------
OPERATING SURPLUS 6,995,430 7,277,042
NET OTHER INCOME 10 319,973 375,331
------------ ------------
7,315,403 7,652,373
------------ ------------
EXPENDITURE
Administration and establishment 11 (7,744,038) (7,277,043)
-------------- --------------
(DEFICIT)/SURPLUS FOR THE YEAR (428,635) 375,330
======== =========
25. 23
KENYA LAND ALLIANCE
CASH FLOW STATEMENT
FOR THE YEAR ENDED 31ST DECEMBER 2007
2007 2006
Note KShs KShs
Cash flows from operating activities
(Deficit)/Surplus (428,635) 375,331
Receivables 894,719 (1,081,668)
Payables 770,771 (923,258)
Amount due to related parties - (418,391)
Deferred income 12,092,726 (6,202,664)
-------------- --------------
Net cash from operating activities 13,329,581 (8,250,650)
-------------- --------------
Net increase/(decrease) in cash and cash equivalents 13,329,581 (8,250,650)
Cash and cash equivalents at the beginning of the year 10,964,794 19,215,444
------------- -------------
Cash and cash equivalents at the end of the year 12 24,294,375 10,964,794
======== ========
26. 24
KENYA LAND ALLIANCE
NOTES TO THE FINANCIAL STATEMENTS
FOR THE YEAR ENDED 31ST DECEMBER 2007
1. SIGNIFICANT ACCOUNTING POLICIES
a) Basis of preparation
The financial statements of Kenya Land Alliance have been prepared in accordance with the International
Financial Reporting Standards (IFRS).
The financial statements have been prepared on the historical cost basis.
b) Income / funding
Income / funding comprise grants from various donors and subscriptions, entrance fees and other income.Grants
are recognised as income when expended and related grant expenditure is apportioned to the donors in their
respective vote heads. Other incomes are recognised when received except for subscriptions income which is
recognised on accrual basis.
c) Property and equipment
Property and equipment are stated at cost less capital grants used in financing the purchase of the related assets.
d) Employee benefits
The Alliance contributes to a defined contributory pension scheme .
The Alliance contributes to a statutory defined contributory pension scheme, the National Social Security Fund
(NSSF). Contributions are determined by local statute and are currently limited to KShs.200 per employee per
month.
The Alliance’s contributions to the above scheme are charged to the income statement in the year to which they
relate.
The Alliance operates a defined contribution post employment benefit scheme for all its staff. Under this scheme,
the company pays 10% of the gross pay as contributions to a separate entity , and the Alliance has no legal
or constructive obligations to pay further contributions if the fund does not hold sufficient assets to pay
all employees the benefits relating to employees service in the current and prior periods.
e) Bad and doubtful debts
Specific provision is made for all known doubtful debts. Bad debts are written off when all reasonable steps
to recover them have been taken without success.
f) Cash and cash equivalents
Cash and cash equivalents comprise balances held in current accounts with banks and cash in hand.
g) Deferred income
A grant received in the current year for which related expenses are to be incurred in the future period is deferred
to that future period.
h) Foreign currency transactions
Transactions during the year are converted into Kenya shillings at rates ruling at the transactions dates. Assets
and liabilities at the balance sheet date which are expressed in foreign currencies are translated into Kenya
shillings at rates ruling at that date. The resulting differences from conversion and translation are dealt with in
the income statement.
2. PROPERTY AND EQUIPMENT
The organisation deducts the amounts of grants from the purchase prices or costs of related property and equipment
acquired through capital grant. The organisation maintains a memorandum account showing details of the existing
property and equipment at any one time.
During the year ended 31 December 2007, the organisation had the following assets.
27. 25
KENYA LAND ALLIANCE
NOTES TO THE FINANCIAL STATEMENTS (CONT’D.)
FOR THE YEAR ENDED 31ST DECEMBER 2007
Motor Furniture and Equipment and
vehicle fittings accessories Total
KShs. KShs. KShs. KShs.
Cost
At 1 January 2007 5,613,970 1,006,117 3,322,524 9,942,611
Additions - 2,281 285,919 288,200
------------- ------------ ------------ ------------
At 31 December 2007 5,613,970 1,008,398 3,608,443 10,230,811
------------- ------------- ------------- -------------
CAPITAL GRANTS
At 1 January 2007 5,613,970 1,006,117 3,322,524 9,942,611
Capital grants for the year - 2,281 285,919 288,200
------------- ------------- ------------- -------------
At 31 December 2007 5,613,970 1,008,398 3,608,443 10,230,811
------------- ------------- ------------- -------------
28. 26
KENYA LAND ALLIANCE
NOTES TO THE FINANCIAL STATEMENTS (CONT’D.)
FOR THE YEAR ENDED 31ST DECEMBER 2007
3. RECEIVABLES 2007 2006
Note KShs KShs
Receivables 195,800 234,050
Provision for bad and doubtful debts (26,750) (26,750)
----------- -----------
169,050 207,300
Prepayments 647,949 1,504,418
---------- ----------
816,999 1,711,718
====== ======
4. GENERAL RESERVES
Balance brought forward 915,049 539,718
(Deficit)/Surplus for the year (428,635) 375,331
---------- ----------
Balance carried forward 486,414 915,049
====== ======
5. DEFERRED INCOME
Balance at Expended Grant Balance at
1 January 2007 Receipts portion Refunds 31December 2007
Grants KShs KShs KShs KShs KShs
DFID 7,314,403 22,954,790 (26,777,726) - 3,491,467
OXFAM 2,186,531 - (1,682,890) (165,000) 338,641
ACTION AID - 2,022,750 (1,351,468) - 671,282
DCI 1,521,810 16,012,007 (467,810) - 17,066,007
FES - 564,905 (564,905) - -
ILC - 3,351,296 (3,351,296) - -
PACT - 3,727,390 (2,554,797) - 1,172,593
TROCAIRE - 1,853,725 (1,478,245) - 375,480
-------------- -------------- -------------- ------------ --------------
11,022,744 50,486,863 (38,229,138) (165,000) 23,115,469
======== ======== ======== ======= ========
Deferred income on grants represents unexpended portion of grants receipts.
6. PAYABLES 2007 2006
KShs KShs
Subscriptions paid in advance - -
Other payables 1,509,490 738,719
------------- ----------
1,509,490 738,719
======= =====
7. RELATED PARTY TRANSACTIONS
Mainyoito Pastoralist Integrated Development Organisation shared the same bank account with the Alliance
as they had a common donor. The following transactions were carried out with related party-
29. 27
7. RELATED PARTY TRANSACTIONS (Continued) 2007 2006
KShs KShs
(i) Cash received from donors on their behalf
Mainyoito Pastoralist Integrated Development Organisation - -
==== ====
(ii) Cash withdrawals
Mainyoito Pastoralist Integrated Development Organisation - 418,391
==== ====
(iii) Outstanding balances arising from the above transactions
Payable to related party:
Mainyoito Pastoralist Intergrated Development Organisation - -
==== ====
8. INCOME
Grants
Department for International Development 26,777,726 20,558,000
Oxfam 1,682,890 2,662,053
Action Aid 1,351,468 4,155,293
DCI 467,810 13,805,541
FES 564,905 84,325
ILC 3,351,296 -
PACT 2,554,797 -
TROCAIRE 1,478,245 -
-------------- --------------
38,229,137 41,265,212
Less: Capital grants (note 2) (288,200) (6,759,915)
-------------- --------------
37,940,937 34,505,297
======== ========
9. DIRECT COSTS
Printing and dissemination 4,663,785 5,893,303
Workshops and seminars 5,271,733 5,139,772
Programme staff salaries 9,897,413 7,182,659
Research and consultancy 1,729,854 1,874,966
Exchange visits 4,464,701 2,865,530
Advocacy training 357,734 -
Media and publicity 3,098,237 3,368,530
Program meetings 16,240 -
Programme evaluation 1,445,810 903,495
------------- -------------
30,945,507 27,228,255
======== ========
10. OTHER INCOME (NET)
Membership fees 233,000 184,750
Miscellaneous income 371,508 307,069
---------- ----------
604,508 491,819
Bad debts written off (89,250) -
Board and membership expenses (195,285) (100,290)
Bank charges - (16,198)
---------- ----------
319,973 375,331
====== ======
KENYA LAND ALLIANCE
NOTES TO THE FINANCIAL STATEMENTS (CONT’D.)
FOR THE YEAR ENDED 31ST DECEMBER 2007
30. 28
KENYA LAND ALLIANCE
NOTES TO THE FINANCIAL STATEMENTS (CONT’D.)
FOR THE YEAR ENDED 31ST DECEMBER 2007
11. ADMINISTRATION AND ESTABLISHMENT EXPENSES 2007 2006
KShs KShs
Telephone, fax and email 534,541 600,213
Rent 646,480 634,040
Transport, accommodation and subsistence 32,355 29,939
Administration salaries 3,760,258 3,867,586
Stationery 190,913 275,668
Audit fees 290,276 275,000
Vehicle running expenses 1,481,704 1,069,770
Security alarms 67,157 60,807
Computer repairs and maintenance 69,750 50,910
Equipment repair 580 -
Insurance 92,368 293,477
Postage and delivery 4,878 -
General expenses 109,224 65,932
Bank charges 90,549 53,701
Staff training 373,005 -
------------ ------------
7,744,038 7,277,043
======= =======
12. CASH AND CASH EQUIVALENTS
Cash and cash equivalents included in the cash flow statement comprise the following balance sheet
amounts:
2007 2006
KShs KShs
Bank balances and cash 24,294,375 10,964,794
======== ========
13. INCORPORATION
The Alliance is incorporated in Kenya under the Kenyan Trustees Act.
14. CURRENCY
These financial statements are presented in Kenya Shillings (KShs.)
31. 29
KLA MEMBERS
1 Action Aid-Kenya International NGO P.O BOX 42814-00100, Nairobi
2 Action Aid-Kenya-Coast Region International NGO P.O BOX 86111,Mombasa
3 Action Aid-Nakuru International NGO P.O BOX 14474-20100,Nakuru
4 Bahizala Elders CBO P.O BOX 3834, Kitale
5 Bellevue Migithania Kieni -West CBO P.O BOX 31, Mweiga
6 BUBU-Bu Residents CBO P.O BOX 96296, Mombasa
7 Busia Environment Research Management NGO P.O BOX 42, Butula
8 BUCODEV - Busia Community
Development Organisation.
NGO P.O Box 223,50410, Port Victoria
9 Centre for Monority Rights Development
(CEMIRIDE)
NGO P.O BOX 14692-00100,Nairobi
10 CGD ( Centre of Governance and Democracy NGO P.O BOX 4037-00506, Nairobi
11 Chemi Chemi Ya Ukweli NGO P.O box 14370, Nairobi
12 CJPC Kitale ( Catholic Justice and Peace
Commission - Kitale)
Faith Based
Organisation
P.O BOX 4656, Kitale
13 Clash Victims/ IDPS and Landless group CBO P.O BOX 4656, Kitale
14 CLEAR - Centre of Land Economy and
Rights of Women
NGO P.O BOX 48974, Nairobi
15 CNRM- Centre for Natural Resource
Management
NGO P.O BOX 436-00511, Nairobi
16 Coast Land Rights Lobby Group NGO P.O Box 86111, Mombasa
17 Community Food and Environmental Group CBO P.O BOX 293, Molo
18 Concern Worldwide International NGO P.O BOX 13850-60800,Nairobi
19 Environmental Awareness and Child Rights
(ENACR)
NGO P.O BOX 445, Homabay
20 Forest Action Network (FAN) NGO P.O Box 380-00100, Nairobi
21 Haki Jamii Trust NGO P.O Box 11356,Nairobi
22 ILEG - Institute of Law in Environmental
Governance
NGO P. O BOX 9561-00100
23 Pratical Action NGO P.O BOX 39493,Nairobi
24 Kenya Human Rights Commission NGO P.O BOX 41079-00100, Nairobi
25 Kibera Youth Programme for Peace CBO P.O Box 62023, Nairobi
26 Kenyonga Squatters CBO P.O BOX 2171, Kitale
27 Kiptagich Squatters CBO P.O BOX 106, Eldoret
28 Kisauni Lands Lobby Self Help Group CBO P.O BOX 81538, Mombasa
29 Kituo Cha Sheria NGO P.O BOX 7483-00300, Nairobi
30 K-RIDA - Kiima Kimwe Residents and Rights
Development Association.
NGO P.O BOX 2208, Machakos
31 Kukimbizana Self Help Group CBO P.O BOX 3969, Kitale
32 Lamukani CBO P.O BOX 427-80400, Ukunda
ORGANIZATION /
INDIVIDUAL
MEMBERSHIP
CLASSIFICATION
CONTACTS
32. 30
33 Mnyonge Ana Haki CBO P.O BOX 12- 40417, Nji maru
34 MPIDO - Mainyoito Pastoralists
Organization
NGO P.O BOX 226-00206, Kiserian
35 Mt. Elgon Forest Action Network CBO P.O BOX 66-50203, Kapsokwony
36 Namuncha Masaai Community CBO P.O BOX 187, Narok
37 NCCK-Eldoret Faith based Organisation P.O BOX 3371, Eldoret
38 Oxfam GB International NGO P.O BOX 40680, Nairobi
39 Osiligi Trust NGO P.O BOX 879-10400, Nanyuki
40 Pamoja Trust NGO P.O BOX 10269-00100 Nairobi
41 Pembeni Squatters Alliance CBO P.O BOX 447, Moi’s bridge,
42 Ragati and Bugret Squatters Self Help
Group
CBO P.O BOX 102, Nairobi
43 Ragati forest evictees Squatters CBO P.O BOX 2158-10101, Nyeri
44 RECONCILE NGO P.O BOX 7150, Nakuru
45 Self Help Development International(K) International NGO P.O BOX 2248-2100, Nakuru
46 Sengwer Indegeneous development
programme
CBO P.O BOX 165 Kapsowar
47 Shelter Forum NGO P.O BOX 9202-00100, Nairobi
48 SODNET (Social Development
Network)
NGO P.O BOX 63125, Nairobi
49 Songa Mbele Women Organization NGO P.O BOX 31518-00600 Nairobi
50 South Laikipia Settlement Scheme
Sqautters
CBO P.O Box Gataragwa Via Mweiga
51 Trans-Nzoia Squatters group Alliance CBO P.O BOX 547, Kitale
52 TROCAIRE International NGO P.O BOX 66300, Nairobi
53 Uamani Small Scale Women Farmers CBO P.O BOX 489, Tala
54 Ugunja Community Resource Centre NGO P.O BOX 330-40606, Ugunja
55 Uhai Lake Forum NGO P.O BOX 6022, Kisumu
56 Village Women’s Organization NGO P.O BOX 31518-00600, Nairobi
57 Vololo Residence CBO P.O BOX 242, Machakos
58 Waso Trustland NGO P.O BOX 501, Isiolo
59 WEFA(K) Western Environment and
Land Reform Alliance - Kenya
CBO P.O BOX 12-50100, Kakamega
60 Abdul Hamid Mohidin Individual P.O BOX 1234, Mombasa
61 Clare Omanga Individual P.O BOX 220, Kisii
62 David Kiambi M’Rimberia Individual P.O BOX 359, Njoro
63 Dickson Kasole Individual P.O BOX 6253-00200, Nairobi
64 Dr. Joseph Oluoch Otieno Individual P.O BOX 12605-20100, Nakuru
65 Dr. Karuti Kanyinga Individual P.O BOX 30197,Nairobi
66 Dr. Raphael Kapiyo Individual P.O BOX 333, Maseno
67 Dr. Szumbah Mwanaongoro Individual P.O BOX 12015, Nakuru
ORGANIZATION /
INDIVIDUAL
MEMBERSHIP
CLASSIFICATION
CONTACTS
