Protecting Community Lands in Kenya

Rising global demand for land and natural resources has made protection of community lands and natural resources an urgent priority, particularly in countries with little or no legal protection for community land rights.

Namati’s Community Land Protection Program supports communities to use national land laws to protect their customary and indigenous lands. Our integrated approach combines the legal and technical work of mapping and documentation with the local governance work of resolving land conflicts, ensuring intra-community equity, and strengthening mechanisms for accountable and participatory management of land and natural resources.

We work in partnership with national and local organizations to implement community land protection programs and research impacts. We also support governments to enact and implement legislation that protects community land rights and advocate for increased global protections for community land and natural resource rights.

Our Five-Part Process

Community Land Publications

Namati's Other Land Work

Community Land Protection Facilitators Guide

Namati’s step-by-step, practical “how to” manual for grassroots advocates working to help communities protect their customary claims and rights to land and natural resources. This Guide—available in English and French—details Namati’s comprehensive, five-part approach to community land protection that supports communities to build unity and internal capacity, proactively document and map their land claims, strengthen local governance, seek formal government recognition of their land rights, and plan for their own flourishing future.

Download the Guide

Get a PDF of the Guide in English or French for offline digital use, or request a print-friendly version.

Explore the Guide Online

Click through sections of the Guide and find additional linked resources.

Watch the Webinar

Get an overview of the process and how to use the Guide

Discuss

Share questions and ideas with other community land protection practitioners.

Videos

Also available in Spanish, French, and Portuguese. (Please contact us if you would like to request another language.)

Overview: Protecting Community Lands and Resources

Provides an overview of the full community land protection process, the role of grassroots legal advocates, and resulting positive impacts.

Mapping and Boundary Agreements

Describes the land documentation activities of the community land protection process. Communities map their lands and natural resources, resolve land conflicts, mark boundaries with neighbors, and make an official map of their lands.

Making Rules for Land Governance

Illustrates the drafting of by-laws and creation of mechanisms for accountable, equitable and sustainable governance of community lands and natural resources, including protections for the rights of women and marginalized groups.

Protecting Land in Investment Negotiations

Explains how communities can empower themselves to negotiate with potential investors – including basic natural resource valuation, impact assessment, and land use planning – to ensure that agreements promote genuine community prosperity.

Featured Resources

Communities and Investor Contracts Guide

This guide has been developed to support communities and paralegals as they enter into and negotiate contracts with people and parties outside of the community that are interesting in acquiring land. It includes information about the following types of contracts - contracts between communities and investors, conservation contracts, and contracts ...

Kenya's Community Land Act and Climate Resilience: A Toolkit for Communities and Paralegals

For most rural and indigenous people in Kenya, land is their greatest asset — their source of food, water, and livelihoods, and the basis of their history, culture, and community. But increasingly, large-scale infrastructure projects like LAPPSET, conflict, population growth, climate change, and other forces are putting pressure on their land. ...

Group Ranches and the Community Land Act: Will We Correct the Mistakes of the Past or Repeat Them?

This policy brief argues that a people-driven, legally empowering implementation of Kenya's Community Land Act (CLA) is necessary to avoid the previous pitfalls of the Land (Group Representatives) Act. This type of implementation strengthens local land governance by supporting communities to create stronger community bylaws, building the capacity of Community ...

Facilitator Guide: Kenyan Community Land Act

In 2016 Kenya signed into law the Community Land Act (CLA), a progressive piece of legislation that gave life to Article 63 of the Constitution of Kenya. The CLA presents an unprecedented opportunity for communities to legally claim rights to their land and have complete decision-making power about how their land is ...

Implementation of the Community Land Act: A Guide for County Executive Committee Members (CECMs)

This Guide describes the roles and responsibilities that County Executive Committee Members (CECMs) have in supporting the implementation of the CLA. It also includes specific guidance on how CECMs can ensure that CLA implementation efforts are participatory, community-driven, and gender-sensitive, as women are often the primary managers and users of ...

Community-Investor Negotiation Guide 1: Preparing in Advance for Potential Investors

Deciding whether or not to allow an investor to use community lands and natural resources is one of the most important decisions a community can make. When negotiations are conducted fairly and inclusively, investments may result in the creation of jobs, provision of ...

Community-Investor Negotiation Guide 2: Negotiating Contracts with Investors

Protecting Community Lands & Resources in Africa: Grassroots Advocates’ Strategies & Lessons

In 2013, a group of 20 expert advocates from across Africa gathered for a three-day symposium to share experiences and practical strategies for effectively supporting communities to protect their lands and natural resources. The symposium illuminated many similarities between the types of threats to communities’ land and natural ...

Uganda Community Guide: How to Protect Your Community’s Lands & Resources

This guide from the Land and Equity Movement in Uganda and Namati presents a step-by-step process for communities to secure stronger legal protections for common grazing lands and improve local land governance. The instructions are specifically tailored to the context of customary community grazing lands in ...

Lessons from the Field: Holding Leaders Accountable in Land Transactions

Namati and the Sustainable Development Institute in Liberia (SDI), have worked with the community of Duah for over 3 years to document the community’s land and establish an inclusive local governance system for land and natural resources. In the spring of 2013, Duah faced a serious challenge: ...

Link to The Challenge of Protecting Community Land Rights: An Investigation into Community Responses to Requests for Land and Resources (Full Report)

The Challenge of Protecting Community Land Rights: An Investigation into Community Responses to Requests for Land and Resources (Full Report)

From 2009 until 2015, Namati and its partners Centro Terra Viva (CTV) in Mozambique, Land and Equity Movement in Uganda (LEMU), and Sustainable Development Institute (SDI)

Building resilient mechanisms for inclusive and accountable local land governance

In 2013, Duah village in Liberia faced a serious challenge. Private company Lion Growth Ltd. was interested in the acquisition of Duah customary land. Duah’s local leaders struck a deal with the company without consulting the community. As a result, Duah community mobilised and rallied around their new mechanisms for ...

Stories & Blogs

Follow the field work of Namati and partners

History in the making: How communities in Kenya are claiming their land rights

This video is the story of 11 indigenous communities' journey to secure their land.

Communities in Kenya Push for Recognition of their Land Rights

With the passage of a new law, pastoralist communities in Kenya secured the legal right to govern their land. Now they are pushing the government to ensure that law is brought to life.

A Herder, a Paralegal, a Protector of the Commons – Francis’ Story

Village leaders in the Kajidao county of Kenya are increasingly sub-diving and privatizing community lands—often with disastrous effects. Francis, who had learning about the law through a Namati partner, decided to take action to protect his community's land.

5 Lessons from Applying a Legal Empowerment Approach to Community Land Protection in Sierra Leone

The piloting of the approach in Sierra Leone has led to a number of lessons learned.

Community Land Protection and the SDGs

National and global-level work is necessary, but in this blog Rachael Knight argues that communities may be viewed as the key drivers of the SDGs’ fulfillment.

Ugandan Community Stops Illegal Sale of their Land

When a fellow villager tried to illegally sell their land, the community of Alemere came together and took action.

When Legal Empowerment Meets Community Mapping

Namati and the Kenya Land Alliance test new tools for participatory community mapping in Tana River, Kenya.

Interview with Robert Ojok, Grassroots Legal Advocate

Robert and his colleagues at LEMU work tirelessly every single day to support communities in Northern Uganda to protect their lands and natural resources.

Read the Interview

Addressing Land Conflict & Governance in Kenya

Reflections and lessons from Namati's training visit to Turkana and Tana River counties.

Supporting Land Conflict Resolution in Northern Uganda

A story from a new collection of case studies and analysis written by practitioners, for practitioners.

Bad-Faith Contracts & Unjust Investments – How can communities protect their interests?

Rachael Knight and Kaitlin Cordes describe why and how they developed two new guides to help communities prepare for interactions with investors and, if they so wish, negotiate fair, equitable contracts.

Last updated: April 26, 2024

Our Privacy Policy

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This privacy policy (“Policy”) describes how we maintain the privacy of the personal information we collect online in connection with the Site. Our processing of personal data of people who are in the EEA is governed by EU General Data Protection Regulation 2016/679 (EU GDPR) and for those who are in the United Kingdom by the UK version of the EU GDPR (UK GDPR) and by the UK Data Protection Act 2018. Namati is the data controller for this website and for our contact information , see the section in our general Privacy Statement headed “Your Rights under the Policy”.

When the Policy Applies

This Policy describes our privacy practices and sets out your obligations and ours with respect to your use of the Site. This Policy applies only to the Site and does not necessarily apply to our offline collection of information.

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Information We Collect and Track

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Information that We Collect

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Our use of your Information involves various forms of communication with you, including:

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Third Parties and Your Information

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to parties who perform a service for us, such as sending you mail or email, web hosting, credit card processing and other similar services;
to donors who enquire about potential grantees;
when you have requested or authorized the disclosure of such information;
when we believe that such disclosure is required by law;
to enforce this Policy or the Terms;
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We retain the right to transfer or assign all information pursuant to a merger, purchase or other transaction relating to Namati or our assets.

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li_sugr	linkedin.com	analytics	Used to make a probabilistic match of a user's identity outside the Designated Countries
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How Long Your Information is Stored

Personal information you submit via your member account, other than information provided or content posted by you to public areas of the Site as described below, is deleted from Namati’s records following the deletion of your account. However, such information may continue to be retained by third-party service providers to which it has been disclosed for one of the reasons listed above. Any financial records will be kept in accordance with Namati’s data retention policy.

Where Your Information is Stored

Your Information is stored on Digital Ocean servers in New York, USA. When you provide personal information to us, we request your consent to transfer that personal information to the USA. The USA does not have an adequacy decision from the European Commission, which means that the Commission has not determined that the laws of the USA provide adequate protection for personal information. Although the laws of the USA do not provide legal protection that is equivalent to the EU GDPR, we safeguard your personal information by treating it in accordance with this Policy. We take appropriate steps to protect your privacy and implement reasonable security measures to protect your personal information in storage. We use secure transmission methods to collect personal data through our website. We also enter into contracts with our data processors that require them to treat personal information in a manner that is consistent with this Policy.

How Your Information is Protected

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Other Communications

From time to time, we may email users of the Site information regarding important developments affecting Namati. We may also email users on occasion regarding the Site. Such emails may be sent to users of the Site if they have given their consent previously or if they have requested information from us or acquired goods or services from us in the past and have not opted out of receiving marketing communications. You can ask us to stop sending you marketing messages at any time by (i) by following the opt-out links on any marketing email sent to you; or (ii) by contacting us at any time.

Referrals

If a user elects to use our referral service to inform a friend about the Site, we request the name and email address of the friend. Namati will automatically send the friend a one-time email inviting the friend to visit the Site. Namati stores this information for the sole purpose of sending this one-time email, and, while a third-party mail service provider may retain the information in its database, no additional emails will be sent by Namati without further action by the friend.

Links to Third-Party Websites

The Site may contain links to websites owned and operated by other parties. We are not responsible for and have no control over the privacy policies of those sites. We encourage you to review the privacy policies and terms of use of those sites prior to providing them with any information.

Cookies

Namati uses cookies. Cookies are small pieces of information that a website transfers to your computer’s hard drive for record-keeping purposes and may have unique identifiers and transmit information about you and how you use the Site. Such information may include your search preferences, your browser type and the date and time of use. If you choose, you can disable some (but not all) Cookies in your device or browser settings, but doing so may affect your ability to use the Site.

Namati does permit several non-advertising third parties to set third-party cookies in order to enhance Site functionality. These third parties may include, but are not limited to: Facebook, Google, and Vimeo. For more information on the cookies that these third parties set, users are encouraged to consult the privacy policies and terms of use of these third parties.

Children

Namati is concerned about the privacy protection of children who access the Internet and this website is not intended for children and we do not knowingly collect data relating to children. Accordingly, the Site are not intended for use by anyone under the age of 16, and we do not knowingly collect information from anyone under 16 years of age without the consent of a parent or guardian.

Compliance with Laws

We reserve the right to disclose any information to comply with any law, regulation, decree, judgment, order, subpoena or any other governmental order (“Order”) without any obligation to contest or verify the accuracy of such Order.

Applicable Laws

This Policy will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Site may be filed:

if you reside in the EEA, in the courts of the EEA Member State in which you are a resident
if you reside in the United Kingdom, in the courts of the United Kingdom

The section titles in this Policy are for convenience only and have no legal or contractual effect. The Siteand any third-party services they use, may be subject to additional terms and conditions regarding privacy and use of information. Your use of the Site is subject to those terms and conditions, which are incorporated into this Policy by reference. In the event of an inconsistency between this Policy and any additional posted conditions, the provisions of the additional conditions shall control.

Changes to the Policy

We may need to change the Policy from time to time in order to address new issues and to reflect changes on the Site or in the law. We reserve the right to revise or make any changes to the Policy, and your continued use of the Site subsequent to any changes to this Policy will mean that you agree to and accept such changes. You can tell if the Policy has been updated by checking the last revised date posted on the top of this page. Historic versions can be obtained by contacting us at privacy@namati.org

Your Rights Under the Policy

You can also access, remove, update or correct your information, and raise any questions or concerns regarding the Site or the Policy, by emailing privacy@namati.org, or mailing:

Namati Data Protection Officer 1616 P Street NW, Suite 101 Washington, DC 20036, USA

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Your Legal Rights

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it has an impact on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

If you want us to establish the data’s accuracy.
Where our use of the data is unlawful but you do not want us to erase it.
Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
If you live in an EEA Member State, all of which have adopted the EU GDPR and national , you have a right to lodge a complaint with your relevant supervisory authority about this policy and its application. The European Commission has a list of EU national data protection authorities here:
http://ec.europa.eu/justice/article-29/structure/dataprotectionauthorities/index_en.htm

If you live in the United Kingdom, you have a right to lodge a complaint with your relevant supervisory authority, the ICO, about this policy and its application:
https://ico.org.uk/make-a-complaint/