Bridging Policy and Practice ; Advancing Justice in Community Land Use Planning in Kenya

Context and background Community land rights in Kenya have endured historical and contemporary pressures since the colonial period. The imposition of English statutory tenure systems alongside African customary tenure established a dualistic framework that entrenched inequities and weakened indigenous land governance structures. The marginalization of customary law and practices has resulted in tenure insecurity, fragmented governance, and inadequate community participation in land use planning. This scenario presents both a governance challenge and a manifestation of historical injustice. Goal and Objectives: This paper critically examines the implementation of land use planning frameworks in Kenya, focusing specifically on community land. The objectives are to assess the impact of fragmented statutory planning authority on the autonomy of community institutions, and to explore avenues through which robust, community-led land use planning can advance equity, sustainability, and reparative justice. Methodology: A qualitative approach is adopted, utilizing legal and policy analysis of Kenya’s Constitution, the Community Land Act (2016), the Physical and Land Use Planning Act (2019), and related institutional frameworks. The analytical framework is guided by the principles of equity, sustainability, and tenure security.