Fibian Lukalo | Moi University (original) (raw)

Papers by Fibian Lukalo

This policy brief reports on a research project Educating Daughters, Educating Sons: mothers and ... more This policy brief reports on a research project Educating Daughters, Educating Sons: mothers and schooling in rural Kenya (Lukalo, 2010). It describes research findings about the conditions in which 32 mothers living in Bungoma District in Kenya make decisions about which child to educate, to what level and with what expectations. In this community, mothers have different levels of schooling, and different recollections of their struggles to be educated. They are raising many children with different kinship and legal relationships to them. The decisions they make about these different children’s schooling highlight the complexities of the relational cultural world in which the mothers are positioned and signal the importance of bringing mothers and the family-education couple into the policy framework. Views expressed here are those of the authors and are not necessarily shared by DFID or any partner institution.

Political Geography, 2021

Political Geography Vol. 89, 2021

Smallholder settlement schemes have played a prominent role in Kenya's contested history of state... more Smallholder settlement schemes have played a prominent role in Kenya's contested history of state-building, land politics, and electoral mobilization. This paper presents the first georeferenced dataset documenting scheme location, boundaries, and attributes of Kenya's 533 official settlement schemes, as well as the first systematic data on scheme creation since 1980. The data show that almost half of all government schemes were created after 1980, as official rural development rationales for state-sponsored settlement gave way to more explicitly welfarist and electoralist objectives. Even so, logics of state territorialization to fix ethnicized, partisan constituencies to statedefined territorial units pervade the history of scheme creation over the entire 1962-2016 period, as theorized in classic political geography works on state territorialization. While these "geopolitics" of regime construction are fueled by patronage politics, they also sustain practices of land allocation that affirm the moral and political legitimacy of grievance-backed claims for land. This fuels ongoing contestation around political representation and acute, if socially-fragmented, demands for state-recognition of land rights. Our findings are consistent with recent political geography and interdisciplinary work on rural peoples' demands for state recognition of land rights and access to natural resources. Kenya's history of settlement scheme creation shows that even in the country's core agricultural districts, where the reach of formal state authority is undisputed, the territorial politics of powerconsolidation and resource allocation continues to be shaped by social demands and pressures from below.

The new Constitution is a culmination of the incremental steps taken by the country to level the ... more The new Constitution is a culmination of the incremental steps taken by the country to level the socio- legal terrain in favor of women’s rights and interests in land. The new Constitution represents a significant improvement in women’s and men’s rights and status in Kenya in all spheres of life. Land is one of those spheres. There is therefore need to consider the broader definition of land (water and space inclusive) as natural resources, as well as other property and assets in all matters land. Land and other property (such as cattle, extractive minerals, machinery etc.) can be used for farming and production, and can also be the basis for wider political empowerment for women. Having access to secure land and property tenure can provide a home and enable women to engage in political struggles over resources; land is an asset to bring to marriage and can be used as collateral for loans. As such, land and property are the foundation of economic empowerment, giving many women in Kenya the confidence to take risks and to negotiate rights to resources, but also providing them with ‘peace of mind’
In this publication, the opportunities and suggestions given that if women are to make a wholesome contribution to the Kenyan society they must take advantage of the framework in the new Constitutional dispensation is given great prominence.

NATIONAL LAND COMMISSION RESEARCH 2018 Riparian lands are found along the edges of water bodies a... more NATIONAL LAND COMMISSION RESEARCH 2018
Riparian lands are found along the edges of water bodies and are under the influence of both terrestrial and aquatic processes. They are thus considered to be transitional habitats, representing a transition from wet (open water) to dry (uplands). Healthy riparian lands are critically important landscape components, providing environmental, economic, cultural and recreational benefits. Riparian lands and their functions in Kenya have been destroyed and degraded largely by human activities over time. As the human society (population and economy) expands and land uses change, riparian lands continue to be lost and degraded. Although, it is difficult to quantify the extent of this loss, improved management of riparian lands and concerted efforts to conserve these lands must be a priority as highlighted by the costs and damages associated with recent flood events in the country (Standard Digital, May 17 2018).
Given the importance of riparian lands to the overall ecological health of watersheds, and in an effort to better understand the current state of riparian lands in Kenya, the National Land Commission engaged a consultant, Renaissance Planning Ltd, to undertake research on existing information on the “current state” of riparian lands in Kenya, including information on riparian extents, health and approaches to management of riparian lands and come up with a Riparian Lands Conservation and Management Policy Framework.

Abstract The purpose of this study was to investigate youth’s relation to land, giving significan... more Abstract
The purpose of this study was to investigate youth’s relation to land, giving significant direction to integration of youth and land in Kenya through access, tenure and use as important segments for land management in Kenya. The assignment centered on Tapsagoi Settlement scheme in Uasin Gishu County and Soy Settlement Scheme in Kakamega County, regarded as part of Kenya’s ‘food baskets’. The project sought to investigate how youth interact with land amidst rising land tensions in Kenya, accompanied by changing dynamics and shortage of land. The research used mixed method, where we collected both quantitative and qualitative data using questionnaires, key informant interviews, focus group discussions and observation guides. The research deployed both probability and non-probability sampling techniques to access as many people as possible. Many respondents (questionnaires), interviewees (interview guides) and informants (focus group discussions) were accessed for information. Data from the study areas revealed that l land remains a very sensitive issue in Kenya and questions of access and utilization form a large part of family discussions and disputes, some of which go unreported. Data revealed that land remains an important unit of family income and of production in Kenya, but farming land is diminishing in acreage due to inheritance and subdivision. Data revealed that fragmentation or sub-divisions of land are lowering production per family as much of the land is being converted for settlement and burial. The study also found out that there is rapid migration of youth to urban areas. It established that many reasons for youth migration to urban areas in search of employment is largely due to their frustrations in lack of access to land in proportions that would be beneficial to them. The study also found out that land provides many more developmental issues at the centre of sustainable development in rural areas Kenya but its management remains in the hands of parents some of whom are semi-literate and not able to embrace modern and scientific ways of production. Data revealed that the youth (15-30) provide the bulk of the labour in land use in many households and yet they do not get significant share from the proceeds of their labour. There was high unemployment rate and many youth were idle in non-farming season rendering them vulnerable to bad influences such as crime, drug and alcohol abuse. The study found out that youth consider work on land as a last or temporary alternative as they await better opportunities. Data revealed that youths are increasingly shunning lives in rural areas preferring urban areas due to inability to access land, own and significantly use land and lack of access to amenities such as piped water and electricity. Considering that a minimum of 60 percent of the Kenyan population lives in rural setting where land is the basis of livelihood opportunities, youth engagement and positive interaction with land is hence paramount in efforts of addressing unemployment, food security and reduction of urban populations. The study recommends improvement of knowledge on land ownership, access and utilization in order to protect the youth from unscrupulous cultural patriarchs. There is need to investigate how youth can be made to be attracted to land in order to stem or minimize migration by youth to urban areas. The connection between youth and land is useful and there is need to address the concerns and anxieties of youth, and provide ways for their participation and involvement through training and empowerment, as part of strategy to make them embrace land through access and tenure for enhanced aspects of land such as food production and settlement. The youth from the rural areas are contributing to the threat of urban demographic “youth bulge” which is both a challenge as well as an untapped potential in moving the land rights and tenure security agenda forward. Youth are increasingly mobile, social, and creative and their energies can be tapped in transforming rural areas of Kenya. There is need for support and education in order to change their attitudes

Http Dx Doi Org 10 1080 18125980608538785, Sep 5, 2007

... ISSN 1812-5980 Page 2. 98 Fibian Kavulani Lukalo 2002. Many youths from Sabatia, led by Simon... more ... ISSN 1812-5980 Page 2. 98 Fibian Kavulani Lukalo 2002. Many youths from Sabatia, led by Simon Magada, Tabuley Zavani, Afandi Sinzore, Fridah 'Mama Simo', Mkere Kaveza and 'Young Man' Cyprian, were of invaluable help. ... As Young-Man Cyprian said, ...

African Journal of International Affairs, 2005

Eastern Africa Social Science Research Review, 2003

Muziki, 2006

Cultural Studies, 2008

... Here, musicians like Jean Bosco Mwendwa, Edouad Massengo, Paschal Onema, and John Nzenze prem... more ... Here, musicians like Jean Bosco Mwendwa, Edouad Massengo, Paschal Onema, and John Nzenze premiered Kiswahili and Congolese beats that ... artistic lyrical compositions in the use of musical instruments giving rise to legendary performers like Wilson Peter and George ...

This working paper presents part one of a larger study that examines the situation of public land... more This working paper presents part one of a larger study that examines the situation of public land in Marsabit County. The focus began by examining schools – primary and secondary in Marsabit County (the largest County in Kenya at 7,096,100 Ha) in relation to the titling process within the county with an aim of identifying the secure
land tenure concerns. Since public schools fall within the public land category, many concerns have been raised on the many land rights violations committed. The overall primary data analyzed herein was collected by the NLC’s County coordinator’s office in Marsabit County in 2016 - 2017, from the concerned government agencies and verified by the relevant government Ministries; however the data was not conclusive. For example in the schools category, data was collected from a sample of 192 public schools from four counties out of the 209 noted schools comprising of 92% of public schools. These 192 schools comprised of 139 (72%) public primary schools, 25 (13%) secondary schools and 28 (15%) schools in both categories are missing. Since title deeds are seen as critical indicators of ‘secure land tenure rights’ many school have secure land tenure rights in various ways. Data was also created from other public land sectors involving different government agencies. The data also indicated that various differences occurred in the process of title, acreage of these institutions, others like sponsor of the school and the school level (primary and secondary) differed significantly. A key finding is that a high percentage of schools and other public institutions land in the County do not possess secure land tenure rights (e.g. title deeds) but have embarked on the process of titling. Therefore, Marsabit is a County where if effort is made towards securing title deeds for the schools, most will experience secure land tenure rights. In order to increase the numbers of schools who have titles, the exercise to fast-track titles must be considered to ensure secure land tenure rights for pupils. Or simply put playgrounds, classrooms and walking paths for pupils need to be secured. The value of this study is in the identification of the gaps in public land data-base that policy implementation needs to focus on in order to enhance secure land tenure on public land in Kenya.

Teaching Documents by Fibian Lukalo

KNOW YOU LAND RIGHTS IN KENYA, 2016

The promulgation of the Kenyan Constitution 2010 brought into place concerns about the urgency fo... more The promulgation of the Kenyan Constitution 2010 brought into place concerns about the urgency for land reform. Land reforms hold the key to solving some of Kenya’s greatest challenges such as landlessness, community cohesion, food security and sustainable development. Land reforms lie at the heart of the work of the National Land Commission (NLC) and Kituo cha Sheria and they are also at the heart of many Kenyan communities who live, work and rely on land. Information contained in the book goes a long way in educating these communities about their land rights. The mission of the NLC is to get Kenyans enjoying the benefits of land reform and better land governance, help Kenyans realise tenure security, so that everyone can reach their full potential in accessing, using and owning land. Kituo’s mission is promote and protect land rights through legal aid, legal empowerment, legal education, advocating for the implementation of the land laws and strategic litigation.

This compendium identifies problems on land matters that require urgent attention in terms of res... more This compendium identifies problems on land matters that require urgent attention in terms of research in order to facilitate implementation and review of the National Land Policy (NLP) soon approaching in 2019, the 2016, National Spatial Plan (NSP). The Framework and Guidelines on Land Policy in Africa, AU-AfDB-ECA
Consortium. These policies inform a framework for theoretical identification of land problems facing Kenyans and serve to provide abstractive solutions thereto. There are also the various Acts on Land: Land Act; Land Registration Act; National Land Commission Act; and The Urban and Cities Act There is therefore an urgent need for research on land matters to explore these documents and the frameworks provided in these documents and test the viability of solutions to the land reform process suggested.
Research focus on land should be hinged on major issues defining the land question in Kenya identified by the several land Commissions, research studies, NLP (2009) and the NSP (2016). Detailed about the nature, dimensions and prevalence of land problems identified by the Land Acts, various land Commissions, research studies and Policy documents should brought to fore to facilitate acquisition of detailed facts through research to aid development of appropriate solutions and mechanisms for implementing these solutions.
While the National Land Policy aspires to solve issues framing the land question in Kenya, this cannot happen without an understanding of the of factual information about the prevalence and dimensions of these problems together with the perception of the affected persons on a given issue. This is where the value of researching land matters becomes important. Some of the pertinent issues identified by the NLP are reviewed in this document for the sole purpose of developing research questions that may help acquisition of information on the nature, dimensions and prevalence of these issues. Such information is necessary for generation of solutions and mechanisms for implementing land reform and aiding in better land governance. The compendium follows the sequence whereby the main policy concern is identified and defined; presentation of policy aspiration; and finally the implication for research.

Books by Fibian Lukalo

Working Paper Series , 2016

The mandate of the National Land Commission (NLC) is drawn from the Nation- al Land Policy of 200... more The mandate of the National Land Commission (NLC) is drawn from the Nation- al Land Policy of 2009, Constitution of Kenya 2010, National Land Commission Act, 2012, the Land Act 2012 and the Land Registration Act of 2012. Accordingly, the NLC has a constitutional mandate to evaluate the extent to which it complied with the principles mentioned in Article 60(1) of the Constitution.
Findings from Kajiado and Kakamega Counties based on the Financial Year 2014/2015 form the basis of this situational analysis researchreport. The data and information used was availed by public officers working for the National Land Commission, County Land Management Boards, Ministry of Lands, Housing and Urban Development and officers from institutions or organizations that have oversight functions. More information was also gathered from available credible statistical reports and returns by institutions related to or working with the Na- tional Land Commission. The multiple sources of data helped to triangulate the outcomes thereby enhancing the quality and reliability of these situational anal- ysis research findings.
In order to enhance the situational analysis process, the seven principles men- tioned in Article 60(1) were grouped into thematic areas that were evaluated against relevant actionable indicators. The report provides credible baselines that will be used as a basis for scaling up the research to a National level. It is expect- ed that the findings of this situational analysis research not only shed light on the effectiveness of the operations and compliance levels at the CLMBs but more importantly the extent to which poignant issues of land management, disputes, equitable distribution, grabbing and resettlement can be resolved. Above all, the Situational research outcomes provide the NLC with a platform upon which pol- icy and practice reforms can be anchored in changing the practice in managing public land.

Political Geography, 2021

Political Geography Vol. 89, 2021

Http Dx Doi Org 10 1080 18125980608538785, Sep 5, 2007

African Journal of International Affairs, 2005

Eastern Africa Social Science Research Review, 2003

Muziki, 2006

Cultural Studies, 2008

KNOW YOU LAND RIGHTS IN KENYA, 2016

Working Paper Series , 2016

Mapping Settlement Schemes in Kenya, 2019

The Achilles’ heel of Kenya’s post independence agricultural development program and of the count... more The Achilles’ heel of Kenya’s post independence agricultural development program and of the country’s development program as a whole (Harbeson, 1973, p.195).
This document provides maps and information on Settlement Schemes in Kenya. The establishment of Settlement Schemes in Kenya is associated with British colonial and post-independence government land laws. The Berlin conference of 1884-5 established a means through which Europeans could occupy Africa . Around 1884, the British established a protectorate in Eastern Africa, which included present day Kenya, Uganda, and parts of Tanzania (Wayumba, 2019; Sorrenson,1968). Through the protectorate, the British colonial government could deal with land by virtue of concessionary agreements that had been established in 1888 between the British and the Sultan of Zanzibar (Wayumba 2019). Subsequently, the British established various land laws that could be used to grant land to European settlers (Caldwell, 1977; Sorrenson, 1968). The laws include: Eastern Africa Land Regulations 1897, Crown Lands Ordinance 1902, Registration of Documents Act 1902, Land Titles Act 1908, Government Land Act 1915, and many others (Caldwell, 1977).
The various land laws enabled settlers of European origin to occupy land that was originally held by Kenyans of African descent (Sorrenson 1968). Subsequently, the land occupied by Europeans in the highlands was known as “the White Highlands” (Wayumba 2019). Due to occupation of land by the settlers, the Africans (indigenous inhabitants) started agitating for their land from the British colonial government (Sorrenson 1968). As a result of the agitation, the colonial government established various mechanisms for securing land occupied by the Africans. One of the mechanisms was the Native Lands Trust Ordinance of 1938, later renamed the Trust Lands Act, which stated that all unregistered land occupied by Africans was to be held on their behalf by a county council/ local authority (Caldwell, 1977). At independence, in 1963, the Registered Lands Act was introduced, which enabled land to be adjudicated and registered to Kenyans of African descent (Caldwell 1977).

ABSTRACT This working paper presents part one of the data on public land in Kenya. This working ... more ABSTRACT
This working paper presents part one of the data on public land in Kenya. This working paper explores the context of public land by focusing on schools – primary and secondary in Trans-Nzoia County in relation to the titling and property registration process with an aim of identifying the main secure land tenure concerns for schools. Since public schools fall within the public land category many concerns have been expressed on land rights violations committed. The primary data analyzed herein was collected by the County Land Management Board Secretariat in Trans-Nzoia in 2015, from the concerned schools and verified by the relevant county and government Ministries. However the data was not conclusive. The data was collected from a sample of 429 (81%) out of the total 530 schools spread over the three sub-counties. The results show that many schools (over 60%) both at the primary and secondary schools did not have title deeds at the time of the study. Since title deeds are seen as critical indicators of ‘secure land tenure rights’ many school face land tenure insecurity in various ways. The data also indicated that various differences occurred in the process of titling, acreage of schools, sponsor of the school and the school level (primary and secondary). A key finding was that a high percentage of schools in the County do not possess titles and neither has applied for the same. Further, the formal tenure claims and rights to public school land seem to be weaker, hence the need for schools to document their property rights in relation to the land. Therefore, the process of documenting land rights for pupils is urgent. In order to increase the numbers of schools who have titles, the exercise to fast-track titles must be considered to ensure secure land tenure rights for pupils. Or simply put playgrounds, walking paths and school gardens for pupils need to be secured. The value of this study is in the identification of the gaps in titling of schools that policy implementers need to focus on in order to enhance secure land tenure.

Abstract Land is an important asset for economic, social and cultural development in Kenya. Land... more Abstract
Land is an important asset for economic, social and cultural development in Kenya. Land settlement is one of the major, if not the main, rural development activities in Kenya. Since independence over 400 settlement schemes have been created. This working paper presents part one of the data on settlement schemes in Kenya. This working paper explores the context of land tenure rights by focusing on settlement schemes over 50 years across Kenya.

Abstract This working paper presents part one of a larger study that examines the situation of p... more Abstract
This working paper presents part one of a larger study that examines the situation of public schools – primary and secondary in Nyeri County in relation to the titling process within the county with an aim of identifying the secure land tenure concerns. Since public schools fall within the public land category any concerns have been raised on the many land rights violations committed. The primary data analyzed herein was collected by the County Land Management Board office in Nyeri in 2015, from the concerned schools and verified by the relevant government Ministries; however the data was not conclusive. The data was collected from a sample of 596 public schools comprising of 387 (68%) of primary schools and 209 (35%) secondary schools across eight sub-counties. The results show that many schools (around 92%) had began the process of titling and it was a minority number which had not embarked on the process. Since title deeds are seen as critical indicators of ‘secure land tenure rights’ many school have secure land tenure rights in various ways. The data also indicated that various differences occurred in the process of title, acreage of schools, sponsor of the school and the school level (primary and secondary) differed significantly. A key finding is that a high percentage of schools in the County do not possess title deeds but have embarked on the process of titling. Therefore, Nyeri is a County where if effort is made towards securing title deeds for the schools, most will experience secure land tenure rights. In order to increase the numbers of schools who have titles, the exercise to fast-track titles must be considered to ensure secure land tenure rights for pupils. Or simply put playgrounds, classrooms and walking paths for pupils need to be secured. The value of this study is in the identification of the gaps in titling of schools that policy implementation needs to focus on in order to enhance secure land tenure on public land in Kenya.