Best Practices in Documenting Customary and Statutory Land Access, Control, and Ownership Among the Indigenous Mijikenda of Kenya's Coastal Region

This paper examines best practices in documenting customary and statutory land access, control, and ownership among the Indigenous Mijikenda communities of Kenya’s Coastal Region. Land constitutes not only an economic resource but also the foundation of the Mijikenda’s cultural identity, spiritual life, and social cohesion. Yet, inadequate documentation, weak legal recognition, and external encroachment have historically undermined the community’s land tenure security and socio-economic development. Drawing on qualitative research in Kwale County – including interviews with Mijikenda sages from Kaya Kinondo and Kaya Mtswakara – the study investigates the intersections of customary tenure systems and statutory frameworks. It details how communal ownership, clan and family allocations, ritual practices, and elder-led dispute resolution form the backbone of traditional land governance, while statutory instruments such as the Kenyan Constitution (2010), the Land Act, the Community Land Act, and forestry policies attempt to formalize these rights. By analysing the effectiveness of customary governance structures and identifying barriers to secure tenure, the paper highlights how inclusive and participatory documentation processes can safeguard indigenous rights, strengthen environmental stewardship, and promote gender equity. Linking these findings to the African Continental Free Trade Area (AfCFTA), it argues that secure indigenous land rights are essential for sustainable resource management, poverty reduction, and equitable participation in emerging regional markets. The study proposes a set of best practices – ranging from community-driven mapping and legal reforms to capacity building, multi-stakeholder collaboration, and recognition of traditional conflict-resolution mechanisms – that can inform policy and practice across Africa. In doing so, it contributes to the broader discourse on sustainable land governance and underscores that protecting the Mijikenda’s land rights is not only a matter of justice but also a catalyst for socio-economic transformation and environmental sustainability in the context of AfCFTA implementation.