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Land Law and the Transformation of Customary Tenure: The Mbeere Case

Published online by Cambridge University Press:  28 July 2009

Jack Glazier
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Extract

The Mbeere of Central Kenya have recently been the focus of a programme of land adjudication and registration. Since the early 1960s when the Mbeere anticipated that they too would undergo the land reform process that had been applied elsewhere in Kenya, much of their attention has been riveted to the question of land tenure change. The new mode of holding land promises security of tenure through a registered title, significantly reduced land litigation, and rural development through agricultural loans for which titled land will stand as collateral. Ironically, the implementation of national land legislation has created great insecurity since it has set in motion an unprecedented amount of litigation.

Type
Research Article
Information
Journal of African Law , Volume 20 , Issue 1 , Spring 1976 , pp. 39 - 50
Copyright
Copyright © School of Oriental and African Studies 1976

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References

page 40 note 1 Description of the plant cover of the desiccated portions of Mbeere follows suggestions from David Brokensha and Bernard Riley, personal communication.

page 40 note 2 Mbeere Special Rural Development Programme, Embu, Eastern Province Planning Team, 1970, 16.

page 41 note 1 David Brokensha and Jack Glazier, “Land Reform Among the Mbeere of Central Kenya”, (1973) 43 Africa, 190.

page 42 note 1 Development Plan 1970–1976, 1969, 210.

page 42 note 2 Sorrenson, M. P. K., Land Reform in Kikuyu Country: A Study in Government Policy, Nairobi, 1967.Google Scholar

page 42 note 3 Sorrenson, op. cit. 32, 107.

page 42 note 4 Sorrenson, op. cit. 111, 113.

page 43 note 1 Report on the Mission on Land Consolidation and Registration in Kenya, 1965–1966, Nairobi, 1966, 43.Google Scholar

page 43 note 2 Jackson, Tudor, The Law of Kenya: An Introduction, Nairobi, Dar es Salaam, Kampala, 1970, reviews various changes in the Land Consolidation Act.Google Scholar

page 43 note 3 Land Adjudication Act, 1968, s. 4 (1).

page 44 note 1 S. 6 (1).

page 44 note 2 S. 6 (2).

page 45 note 1 S. 8 (1).

page 46 note 1 S. 30 (1) (2).

page 46 note 2 S. 30 (4).

page 48 note 1 Philip P. Durand, “Customary Oathing and the Legal Process in Kenya”, [1970] J.A.L. 31.

page 48 note 2 Durand, op. cit., 32.