Transparency International Kenya

LAND AND CORRUPTION IN AFRICA
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LAND AND CORRUPTION IN AFRICA

LAND AND CORRUPTION IN AFRICA
Land Sector Baseline Survey, Political Analysis
and Risk Mapping in Kwale & Nairobi Counties

EXECUTIVE SUMMARY
This report is the outcome a rigorous study that encompassed the following: a baseline survey; a
political analysis; and a risk mapping. The study sought to establish the corruption risk, prevalence
and the nature of corrupt practices in the land sector in target ‘communities’ (areas and/or sectors) in
Kwale and Nairobi County. The report consists of an empirical section and an analytical section that
are intended to inform TI-K programming decisions and determine benchmarks for possible outcomes
and impacts of the project’s interventions. The baseline study is also intended to provide programme
staff with detailed baseline data on key project indicators to enable changes in land governance to be
measured over the course of the project. The Analytical Part of the survey i.e. the Political Analysis
and Risk Mapping addresses itself to the questions of operational relevance for TI-Kenya and its
partners who will be implementing the land project as well as those who work on land and corruption.
The analysis examines the political, legal and operational context and dynamics of the land sector and
is structured around the following areas, namely;
1. Policy, Legislative and Operational environment governing land and Corruption and level of
adoption/implementation, which presents the basic legal guarantees that define the operational
environment for land actors. This sections looks at the centrality of land in Kenya’s development,
the problem of complexity, use and abuse of state power, the sanctity of title and the new
constitutional dispensation as regards land management and use.
2. The Land and Integrity Debate, which focuses on the underlying causes of corruption in the land
sector, the political and legal dynamics and how these impact on land governance. This section
discusses the inconsistencies of the Land Acts, the fact that sections of the political leadership are
keen to roll back the gains that have been achieved with land reforms and the theoretical
mischaracterization of corruption.
3. The role of politics, political agents and Institutions in addressing and/or sustaining corruption in
the land sector, in which the report analyzes and assesses the country’s politics and history with
regard to land and land reforms. The section situates the parameters of political debate and land
policy development in Kenya. The section also takes a look at the nationalist movement, the
liberation discourse and the neoliberal narratives that followed in framing the land reform debates
and practices. The section ends with a brief overview of the TJRC findings on the history and
irregularities that attend to the land sector.

Baseline Survey Final Report