Kla annual report

498 views

Published on

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
498
On SlideShare
0
From Embeds
0
Number of Embeds
2
Actions
Shares
0
Downloads
3
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Kla annual report

  1. 1. Table of Contents About KLA ....................................................................................2 Foreword from the Chairperson .....................................................3 KLA Secretariat..............................................................................4 Staff News......................................................................................5 Highlights of Achievements in 2007:..............................................6 1. National Land Policy Finalization Dialogue and Advocacy......6 2. Capacity Building of Land Control Boards and Land Disputes Tribunals.................................................................................7 3. Keeping the Implementation of “Ndungu Commission” Report Campaign Alive ......................................................................7 4. Successful Hosting of Strategic Workshop for Regionalization Process of International Land Coalition (ILC) in Africa. .........8 5. World Social Forum 2007........................................................8 KLA Participation in 2007 in Pictorial Form..................................9 Networking Events KLA Participated in or Organised in 2007......10 Lessons learned and Challenges Faced ............................................14 KLA in Press ..................................................................................15 KLA Publications ...........................................................................16 Financial Report.............................................................................17 KLA Members................................................................................29 Item Page 1
  2. 2. KLA is an umbrella network of Civil Society Organizations and Individuals committed to effective advocacy for the reforms of policies and laws governing land, environment and natural resources in Kenya. Its current membership comprises of 7 International Non- GovernmentalOrganizations,27LocalNon-GovernmentalOrganizations,,25Community Based Organizations, 2 Faith Based Organisations and 31 Individuals. KLA operates in a diverse national setting that Kenya is, in terms of its landscape and the diversity of her population. Our response to the opportunities and challenges of living and working positively in a diverse setting is recognized nationally, regionally and globally given that KLA is the African Region Node for the decentralized International Land Coalition. In our land reform advocacy work and public support we promote holding governments accountable for violation of land, property, and natural resource rights. Within the United Nations System, Africa Union System and other legal regimes, we advocate for the respect of land rights in order to strengthen and improve the system of land rights protection. KLA has substantially contributed to the development of the Kenya National Land Policy that we hope once adopted and implemented shall impact positively on land, property, natural resource and environmental rights. We envision a society free from land grabbers, in which every person can fully enjoy their land rights in dignity. Through its activities, KLA is participating in the development of a global land rights culture in which all people are assured of sustainable livelihoods through secure and equitable access to and utilization of land and natural resources. About KLA KLA during the Launch of the book “ A Case for Women’s Landrights in the proposed New Constitution” at the KICC in January 2007 2
  3. 3. Foreword from the Chairperson Mr. Peter Kariuki, Chairperson KLA Board of Trustees On behalf of the Kenya Land Alliance (KLA), I have the pleasure to present the 2007 Annual Report highlighting KLA’s achievements and accomplishments during the year. 2007 became an eye-opener to policy-makers that land is one of the major elements in the national reform agenda whose redress is a prerequisite for addressing inequities that cut across ethnic, regional and socio-economic fault lines in Kenya. Accordingly, the visibility and impact of KLA work was in contributing to addressing land issues that continue to give breathe to the draft National Land Policy as a much desired instrument in directing land matters in Kenya. The year 2007 was encouraging for KLA in terms of increased understanding of land issues, particularly when viewed with pro-poor lenses which allow examination of the structures and processes which are contributing to poverty. KLA believes that landlessness reinforces discrimination against women, informal sector residents and traders, fisher-folk, pastoralists, people living with disabilities and HIV/AIDS and other rural communities. Hence there is a need to recognize and embrace flexible and pluralistic tenure systems as a National core value. Thus, KLA supports popular demands for secure rights to land as a surest means to addressing inequities in Kenya which in turn will enhance credibility and accountability of governance, and the ability to tackle major development-related issues, geared to reducing poverty. KLA worked with people at the local level who were prepared to overcome obstacles that hinder them from enjoyment of their land and resource rights as a means to realizing their full potential. While at national and global levels we worked with development actors to improve the condition and position of people affected by poverty, we strengthened KLA as a membership-led institution to stand up against re-concentration of land in the hands of a few, decreasing security of tenure for resource-poor farmers and communities dependent on resources that are managed as common property. I would like to take this opportunity on behalf of the KLA Board of Trustees and the staff to thank all those who provided us the opportunity, support and resources to play the role we did. Special recognition to our strategic partners with whom we achieved all that is highlighted in this report. We extend a special word of appreciation to development partners who supported our efforts towards standing up for land sector reforms during 2007 period, including Department for International Development (DFID), Irish Aid, Oxfam GB, PACT-Kenya (USAID), International Land Coalition, Actionaid International (Africa), Trocaire and Friedrich Ebert Stiftung (FES). As we look ahead to 2008, I would like to thank all across KLA network and assure you of our continued commitment to deliver on land reforms. Peter Kariuki, Chairperson, KLA Board of Trustees 3
  4. 4. 4 Odenda Lumumba National Co-ordinator Jacqueline Adhiambo Secretary/Receptionist Jacqueline Adhiambo Polycarp Onyango Communication & Publications Officer Polycarp OnyangoWilly Sabila Network Capacity Building Officer Sammy Wanjala Administrative Assistant Dalphine Adre Assistant Accountant Dalphine Adre Nellie Kadenge Administrative Assistant Nellie KadengeSammy Wanjala Catherine Gatundu Deputy Coordinator Catherine Gatundu Boniface Mbugua Administrative Officer/Accountant Lily Murei Monitoring and Evaluation Officer Lily Murei KENYA LAND ALLIANCE SECRETARIAT
  5. 5. Polycarp Onyango Communication & Publications Officer Polycarp Onyango Nellie Kadenge Administrative Assistant Jane Mwaniki Administrative Assistant Willy Sabila Network Capacity Building Officer Willy Sabila Dalphine Adre Assistant Accountant Mr. Willy Kipnoen Sabila and Ms. Dalphine Awuor Adre joined KLA employment as Network Capacity Building Officer and assistant Accountant respectively, on 1st July 2007. Ms. Nellie Mwendelani Kadenge joined KLA employment as Administrative Assistant (Caretaker) on 15th November 2007 . DEPARTING STAFF Ms. Jane Wangechi Mwaniki left KLA employment as the Administrative Assistant (Caretaker) on 31st October 2007 Mr. Polycarp Otieno Onyango left KLA employment as the Communication and Publications Officer on 30th November 2007 New Appointments 5 NEW STAFF
  6. 6. HIGHLIGHT OF OUR ACHIEVEMENTS IN 2007 6 Throughout 2007 KLA worked hard to strengthen dialogue among strategic partners to build commitments to pro-poor land policies and practices provided in the draft National Land Policy. In a consortium of seven like-minded Civil Society Organizations KLA facilitated dialogue session between and among government policy and decision-makers, civil society organizations and centres of knowledge on land and related resources issues. Quite successfully KLA worked closely with land rights constituency groups, which enabled them to become effective interlocutors with government on land and natural resources policy formulation processes. This further resulted into strengthened collective capacity among women, pastoralists, informal settlement residents and traders, fisher-folk, hunter-gathers and people living with disabilities and HIV/AIDS to defend their rights from powerful interests; and engage across sectors including the government, the private sector, development partners and other civil society interests. Our ultimate achievement was the push of the draft National Land Policy up to the GOK cabinet and its wider circulation in the public domain. We ended the year with a popular version of the National Land Policy published and which shall continue to be circulated to enable maximum public outreach and any further consultation on the land policy implementation. It is KLA’s considered opinion that overall, its involvement in the national land policy finalization process is likely to give the country the land policy sooner than later. This is because there has been considerable progress towards achieving completion of the main and arguably, the most important output, that is, a land policy reflecting all the important issues, through a broadly consultative process. The key outstanding matters that need to be prioritised in 2008 are firstly, official approval of the policy for the final round by cabinet and by the Parliament, and secondly, institutional and legal transformation. NATIONAL LAND POLICY FINALIZATION DIALOGUE AND ADVOCACY NATIONAL LAND POLICY THE POPULAR VERSION NOVEMBER 2007 KENYA LAND ALLIANCE
  7. 7. 7 CAPACITY BUILDING OF LAND CONTROL BOARDS AND LAND DISPUTE TRIBUNALS KLA is proud to have continued to support the capacity building programme aimed at enhancing the ability of the Land Control Boards and Land Dispute Tribunals to function effectively by providing technical advice to the training of these local level land administrative structures to deliver the much needed services at the grassroots. KLA as a member of the Inter-MinisterialTechnical Working Committee under the auspices of the Kenya School of Law has contributed to improved performance of three quarters of Land Control Boards and Land Dispute Tribunals trained members who serve the public from a more informed position on land issues and improved grasp of their roles and responsibilities. Through this effort KLA believes it is achieving the ultimate goal of addressing the issues of credibility and accountability of land governance structures at the very grassroots level, which shall go a long way in tackling development-related issues including endemic corruption in our society. KEEPING THE IMPLEMENTATION OF ‘NDUNG’U COMMISSION’ REPORT CAMPAIGN ALIVE In partnership with the Kenya National Commission on Human Rights, KLA managed to keep the campaign for the implementation of the ‘Ndung’u Commission’ Report alive by detailing the cost and other human rights dimensions of illegal and/or irregular allocations of public land to individuals and companies in total disregard of the law and public interest. The widely circulated publicationsundertitle“UnjustEnrichment, The Making of Land Grabbing Millionaires” have increased awareness of corruption as a human rights issue, in addition to enhancing the understanding of the cost of corruption and hopefully it will add to the demand for accountability and transparency in land dealings. As 2007 came to the end, KLA was grateful to those who took time to communicate with us about their considered assessment that this series of publications is a fair, accurate and an acceptable step to championing for the redressing illegal and irregular land transactions in Kenya
  8. 8. SUCCESSFUL HOSTING OF A STRATEGIC WORKSHOP FOR REGIONALIZATION PROCESS OF INTERNATIONAL LAND COALITION (ILC) IN AFRICA KLA is credited with the successful hosting of 54 members and partners of the International Land Coalition in Nairobi between October 30 and November 2, 2007 that set up a regionalization process of the ILC in Africa. KLA with support of the International Fund for Agricultural Development (IFAD), the European Union and the Belgian Government marked a milestone to the growth of ILC collective action and working together in Africa. As was depicted in the theme of the strategic workshop “Putting a Pro-Poor Land Agenda into Practice in Africa” KLA became an important eye-witness and participant in the Africa Land Reform Agenda. It was indeed with this understanding that KLA became the inaugural decentralized Africa region hub for coordinating the interim operations of ILC in Africa. WORLD SOCIAL FORUM 2007 AT NAIROBI-KENYA KLA played a significant role in mobilization, support and facilitation of the participation of the women, pastoralists, fisher-folk, informal sector residents and traders, squatters and Internally Displaced Persons and Hunter-gatherers in the World Social Forum held in Nairobi in January 2007. In partnership with Actionaid International (Africa, Asia and South America) we focused on community mobilization and capacity building of local grassroots structures to engage with others in the World-wide processes. The biggest achievement from the World Social Forum was the opportunity it gave to the participants to appreciate empirical goodness of networking and linkages as the best strategy to counter land and natural resources problems facing them. ILC Africa Regional Meeting, “ Putting a Pro - Poor Land Agenda into Practice in Africa” held on 30th Oct, - 2nd Nov, 2007 in Nairobi, Kenya 8 SUCCESSFUL HOSTING OF A STRATEGIC WORKSHOP FOR REGIONALIZATION
  9. 9. KLA PARTICIPATION 2007 IN PICTORIAL FORM 1 2 3 4 5 6 1. Community participation in the World Social Forum with KLA support. 2. Mr. Lumumba sharing a point with an international Journalist during the World Social Forum, in Nairobi 3. International Land Meeting bringing both Africa and Asia held in Nairobi. 4. Lauching of “The Case for Women’s Landrights in the Proposed New Constitution” and the “Policy Brief” at the KICC Plenary Hall, 5. Monitoring and Evaluation Visitation, Fisherfolk 6. Monitoring and Evaluation visitation at the “Dunga Beach” in Kisumu. 9
  10. 10. NETWORKING EVENTS KLA PARTICIPATED IN OR ORGANIZED IN 2007 EVENT DATE VENUE NOTES World Social Forum January 20-25, 2007 Kasarani Sports Center Opportunity for Networking and establishing relationships with other bodies / forums for common engagement Peer Educators Training on mainstreaming HIV/ AIDS at the workplace organized by OXFAM February19–23, 2007 Sportsview Karasani Hotel Reflection on designing an HIV/ AIDS at work place Pact Meeting on Design of organizational capacity assessment tool for Kenya Civil Society February 19 – 22, 2007 Panafric Hotel, Nairobi KLA opportunity to interact and input into the designing Organizational Capacity Evaluation of Kenya Forest Working Group Mau Forest Advocacy Project February 27 – March 1, 2007 Maasai Environs Sharing and learning of experiences and challenges of Public Advocacy practitioners International Women’s Day launch and celebrations March 1 and 8 , 2007 Maragwa and Busia Opportunity to learn and share experiencesonhowbesttoinfluence a pro-women land reform agenda KLA Members Impact Evaluation Report March 22, 2007 Hotel Waterbuck, Nakuru InformedonKLAnetworkcapacity and shortcomings in advocacy on national land policy reform in the country Regional Development policy formulation workshop March 22 – 23, 2007 KICC, Nairobi Regional sharing and learning experience and challenges faced at regional level KLA Board members capacity building on corporate governance meeting March 29, 2007 KLA offices in Nakuru Reflection and strategizing on KLA institutional issues and performance targets Joint Meetings on the National Policy and Action Plan for the Promotion and Protection of Human Rights in Kenya (NAP ) - Preparatory Meetings & Public Hearings April 3, 2007 April 5,2007 April 11, 2007 April 17, 2007 St. Mary’s Pastoral Center Nakuru Baringo Town Kericho Town Nakuru, Town Mobilization and preparation of grassroots participation in framing their concerns and fears regarding the promotion, enhancement and fulfillment of their human rights 10
  11. 11. NETWORKING EVENTS KLA PARTICIPATED IN OR ORGANIZED IN 2007 Contd EVENT DATE VENUE NOTES April 18, 2007 April 19, 2007 April 20, 2007 April 22, 2007 East Pokot Samburu District Nanyuki Town Nyeri Town National Land Formulation Process steering committee meeting April 12, 2007 Ardhi House, Nairobi KLA opportunity to input into the planning and holding of the National Symposium on the draft National Land Policy Follow up meeting on having a MOU between KLA-IPAR on Research and Advocacy at National Level April 16 and 27, 2007 IPAR offices, Nairobi Strategizing on roles and enhancement of public policy advocacy on land and natural resource sector. Preparatory meeting of the National Land Policy Symposium April 17, 2007 Panafric Hotel Creating CSOs synergy and approach to the debate at the National Symposium National Symposium on Draft National Land Policy April 26 - 27, 2007 KICC, Nairobi Provided an opportunity to Civil Society Land Network to push for the adoption of the draft National Land Policy International Land Coalition Global Annual Assembly of Members April 24-27, 2007 Entebbe,Uganda Networking opportunity on “Land, Dignity and Development: Putting a Pro-poor Land Agenda into Practice” Launch of Movement for Political Accountability (MOPA) Campaign May 5, 2007 Nyayo Gardens, Nakuru Mobilization and preparation of grassroots (Rift Valley region) participation in the movement for political accountability. Organizational Capacity Assessment Workshop and Improvement Planning Session May 7, 2007 KLA offices, Nakuru Reflection and strategizing on institutional linkages and performance Africa Commission for Peoples and Human Rights Session on Review of Government Reports May12 – 18 2007 Accra, Ghana KLA input into promoting, enhancement & fulfillment of women’s land rights as human rights. ECOSOC CSO’s meeting May 24 , 2007 Panafric Hotel, Nairobi KLA opportunity to interact and input into the discourse 11
  12. 12. NETWORKING EVENTS KLA PARTICIPATED IN OR ORGANIZED CTD... 12 EVENT DATE VENUE NOTES Annual General Meeting May 29, 2007 Waterbuck Hotel Nakuru Reflection, Appraisal, Audit and Planning of KLA work Launch of MOPA campaign June 5- 7, 2007 Mombasa KLA teamed up with other activists to popularize the campaign on political accountability among the Launching of the Katwekera Bio-Center June 5, 2007 Katwekera Village, Kibera - Nairobi Sharing of efforts CSOs success in promoting alternative energy Groots Global Women Academy July 7, 2007 KICC KLA women’s land rights partnerships effort. ILEG’S meeting on a National CSOs consultative forum on review of the Mining Bill and Policy June 7 – 10, 2007 Eldoret Town and Fluorspar Mining site in Kerio-Valley Evaluation of CSOs continued engagement with Mining, Mineral Resources Policy and Legislative Framework Formulation Process Meeting with the P a r l i a m e n t a r y Committee on Lands, Agriculture and Natural Resources July 6, 2007 Parliament Building KLA informed input into Squatters Settlement Bill and Pressurizing for its relegation. Meeting with NORAD to strategize on the support of CSO’s July 12, 2007 Norwegian Embassy KLA teamed with other CSOs in sensitizing NORAD on the need to support CSO’s work Advocacy Training of KLA Members and Constituencies July 19, 2007 Kunste Hotel, Nakuru CapacitybuildingofKLAmembers on Public Policy Advocacy Approaches Meeting with DFID on the progress made in implementing the recommendations of the ‘Ndung’u Commission’ report July 24, 2007 Fairview, Nairobi Reviewing campaign strategy for pressurizingfortheimplementation of ‘Ndung’u Commission’ Report. Monitoring and Evaluation Reporting Training Workshop August 9 - 13 2007 Silver Spring Hotel, Nairobi Capacity building on Monitoring and Evaluation Reporting skills HIV/AIDS draft policy August 16, 2007 Bontana, Nakuru To fine-tune the HIV/AIDS draft Constituency experience sharing workshop August 21- 24, 2007 Kakamega Sharing and learing experiences and challenges of land rights
  13. 13. 13 NETWORKING EVENTS KLA PARTICIPATED IN OR ORGANIZED CTD... EVENT DATE VENUE NOTES Donor/StrategicPartners meeting September 11, 2007 Nairobi Safari Club Hotel, Nairobi Dialogue between Donor Land Sector Group and Land Network CSOs group on sustainable resource mobilization strategy Community Level meeting on access and use of Natural Resources September 13, 2007 Muchongoi, Laikipa Networking opportunity and evaluating impact of uninformed policy on livelihoods Annual National NGOs Conference September 19– 22, 2007 Harare Zimbabwe KLA opportunity to interact and input into the discourse of shaping NGO’s work Kenya Human Rights Commission Regional Civil Society Forum on Elections and Human Rights in Africa September 25, 2007 Panafric Hotel, Nairobi KLA teamed up with other CSOs in trying to understand issues that need to inform Electoral Campaigns and Elections Janadesh land rights walk October14 -30, 2007 India Solidarity with Ekta Parishad and other Social Movements in setting a Common Platform for Action to resolve land issues Strategic Planning W o r k s h o p f o r Decentralization of ILC in African Region October 30 – November 2 , 2007 Methodist Guest House, Nairobi KLA with support of IFAD, the EC and Belgium Government marked a milestone to the growth of ILC collective action and working together in Africa Local community meeting-Marakwet/ U a s i n - G i s h u stakeholders November13 , 2007 Iten Town Opportunity to reflect and evaluate use of shared water resource Dissemination of materials by KLA Staff members November 26 – December 11 , 2007 North Rift, Nairobi, Coast,Central, Eastern, Western and Nyanza provinces Enhanced team spirit among KLA members and Staff for effective dissemination of Calendars, Year Planners Land Charter, Score Card, and National Land Policy Popular Version National Forum on Fisheries Bill December 5 , 2007 Kenya School of Monetary Studies, Nairobi. Led strategic partners in deliberating and further inputting to the Bill
  14. 14. 14 LESSONS LEARNED AND CHALLENGES FACED 2007 was the second year of implementation of KLA strategic plan (2006 -2010). Lessons learned through strategic partnerships, advocacy trainings, experience sharing workshops and field visits expanded KLA collaborative work with members and constituencies namely: women, fisher folk, pastoralists, hunter gatherers, squatters, Internally Displaced Persons, informal sector (hawkers & Slum dwellers). The institutional analysis shows that KLA is becoming strong and skilled in building alliances and entering into collaboration with a multitude of stakeholders. KLA has facilitated the development of an enabling environment for state – CSOs interaction on land and natural resources sector. Lessons learnt and challenges faced stems from the implementation of various activities in pursuit of achieving the following key objectives namely: • Facilitation of networking, information gathering and sharing among KLA members and others locally, regionally and globally. • Sensitization of the Civil Society, Government, Donors and the public to create greater understanding of what is needed to secure and protect the landrights of the rural, urban, poor and other disadvantaged groups. • Contribution to the national debate on land reform and generation of policy and legal options. • Lobbying and advocacy for policy and legislative reforms The following are key lessons learned and challenges faced that stand to inform KLA future planning and accomplishments: 1. As the National Land Policy Formulation Process entered the finalization phase we learned that it was more contested, contentious and required political will and committed public pressure to push the draft National Land Policy document through Cabinet and Parliament. The major challenge faced was retaining development partners’ support on Land Policy Formulation Process given the lengthy and seemingly endless roadmap it was taking within a fluid political environment of 2007 as a General Elections year. 2. We learnt that whereas the ‘Ndung’u Commission’ report is considered a fair, accurate and an acceptable basis for redressing illegal and irregular land transactions in Kenya. The challenge faced was that the main beneficiaries of the illegal and irregular land transactions are political and economic elites who made the government implementation of recommendations ofthecommissionpracticallyimpossible,despiteKLAandourstrategicpartners’commitment and pressure.
  15. 15. KLA in the PRESS 15
  16. 16. Introduction A majority of the Kenyan population live in rural areas accessing land and natural resources through customary systems and institutions that operate largely outside the mainstream legal framework of land administration. Although there are clear provisions in the Constitution and the Trust Land Act on management of trust land there appears to be an unwritten policy on the part of government that sees community land as land that is not owned but rather is available for County Councils and government to appropriate through the setting apart procedure. There has been no cohesive policy, legal and institutional framework supportive of customary land tenure. Instead, the formal framework for the management and administration of land has been driven largely by a modernization ethic that sought to privatize and individualize land tenure. In pastoral areas and other areas where trust land regime applies the form that land rights take is generally subservient or ‘held in trust’. The land in trust land areas is broadly regarded as the property of Local Government Authorities. People who have lived on trust land for generations often find that they do not realize their legal rights to the land in question as a result of unilateral action on the part of County Councils often in total disregard of provisions of the Constitution and the Trust Land Act. Despite community historical rights to trust lands and other communal lands, the general problems which are caused by lack of legally enforceable rights to trust land include the following: • Vulnerability to interference or setting apart of customary rights by the government • Difficulty in securing credit and other development finances using land as collateral • Lack of administrative support for the customary system of land rights, making the position of the occupants of the vulnerable • Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable customary land rights to grant community land in exchange for money or to bolster their personal power This legal insecurity that makes it difficult for people to protect their land, whether from setting apart, or any other form of compulsory acquisition is what has resulted into the demand for a regime of community land tenure. Tragically, the opportunity provided by the Constitution and the Trust Land Act at independence for recognizing and giving effect to African customary land rights has been squandered by the tendency to manage trust land with little or no regard for the trust obligations envisaged in the law (see Box 1). Between the Commissioner of Lands and the County Councils, the trust lands have virtually been turned into the private estate of the local government. The setting aside powers vested in the County Councils and the President have been used to privatize large portions of trust lands to individuals and other groups, resulting in increased insecurity of tenure for rural land users. Even the Land (Group Representative) Act Cap 287 under which the group ranches are created which were touted as a mechanism for statutory entrenchment of customary land use collapsed within two decades with most of the group ranches being subdivided into individual portions of land. Kenya Land Alliance RECONCILE POLICY BRIEF COMMUNITY LAND TENURE AND THE MANAGEMENT OF COMMUNITY LAND IN KENYA 1 Box 1: Trust Land in the Constitution All trust land shall vest in the county council within whose area of jurisdiction it is situated. (Constitution of Kenya, Section 115(1) Each county council shall hold the Trust land vested in it for the benefit of the persons ordi- narily resident on that land and shall give effect to such rights , interests or other benefits in respect of the land as may, under the African customary law for the time being in force and applicable thereto, be vested in any tribe, group, family or individual (Constitution of Kenya, Section 115(2) framework supportive of customary land tenure. Instead, the formal framework for the management and administration of land has been driven largely by a modernization ethic that sought to privatize and individualize land tenure. In pastoral areas and other areas where trust land regime applies the form that land rights take is generally subservient or ‘held in trust’. The land in trust land areas is broadly regarded as the property of Local Government Authorities. People who have lived on trust land for generations often appropriate through the setting apart procedure. There has been no cohesive policy, legal and institutional framework supportive of customary land tenure. Instead, the formal framework for the management and administration of land has been driven largely by a modernization ethic that sought to privatize and individualize land tenure. In pastoral areas and other areas where trust land regime applies the form that land rights take is generally subservient or ‘held in trust’. The land in trust land areas is broadly regarded as the property of Local Government Authorities. People who have lived on trust land for generations often individualize land tenure. In pastoral areas and other areas where trust land regime applies the form that land rights take is generally subservient or ‘held in trust’. The land in trust land areas is broadly regarded as the property of Local Government Authorities. People who have lived on trust land for generations often find that they do not realize their legal rights to the land in question as a result of unilateral action on the part of County Councils often in total disregard of provisions of the Constitution and the Despite community historical rights to trust lands and other communal lands, the general problems which are caused by lack of legally enforceable rights to trust land include the following: Vulnerability to interference or setting apart of customary rights by the government Difficulty in securing credit and other development finances using land as collateral Lack of administrative support for the customary system of land rights, making the position of the occupants of the vulnerable Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable customary land rights to grant community land in exchange for money or to bolster their personal This legal insecurity that makes it difficult for people to protect their land, whether from setting apart, or any other form of compulsory acquisition is what has resulted into the demand for a regime of community land tenure. Tragically, the opportunity provided by the Constitution and the Trust Land Act at independence for recognizing and giving effect to African customary land rights has been squandered by the tendency to manage trust land with little or no regard for the trust obligations envisaged in the law (see Box 1). Between the Commissioner of Lands and the County Councils, the trust lands have virtually been turned into the private estate of the local government. All trust land shall vest in the county council within whose area of jurisdiction it is situated. Vulnerability to interference or setting apart of customary rights by the government as the property of Local Government Authorities. People who have lived on trust land for generations often find that they do not realize their legal rights to the land in question as a result of unilateral action on the part of County Councils often in total disregard of provisions of the Constitution and the Despite community historical rights to trust lands and other communal lands, the general problems which are caused by lack of legally enforceable rights to trust land include the following: Vulnerability to interference or setting apart of customary rights by the government as the property of Local Government Authorities. People who have lived on trust land for generations often land rights take is generally subservient or ‘held in trust’. The land in trust land areas is broadly regarded as the property of Local Government Authorities. People who have lived on trust land for generations often find that they do not realize their legal rights to the land in question as a result of unilateral action on the part of County Councils often in total disregard of provisions of the Constitution and the Despite community historical rights to trust lands and other communal lands, the general problems which are caused by lack of legally enforceable rights to trust land include the following: Vulnerability to interference or setting apart of customary rights by the government Difficulty in securing credit and other development finances using land as collateral Lack of administrative support for the customary system of land rights, making the position of the Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable customary land rights to grant community land in exchange for money or to bolster their personal This legal insecurity that makes it difficult for people to protect their land, whether from setting apart, or any other form of compulsory acquisition is what has resulted into the demand for a regime of community Difficulty in securing credit and other development finances using land as collateral Lack of administrative support for the customary system of land rights, making the position of the Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable customary land rights to grant community land in exchange for money or to bolster their personal This legal insecurity that makes it difficult for people to protect their land, whether from setting apart, or any other form of compulsory acquisition is what has resulted into the demand for a regime of community customary land rights to grant community land in exchange for money or to bolster their personal This legal insecurity that makes it difficult for people to protect their land, whether from setting apart, or any other form of compulsory acquisition is what has resulted into the demand for a regime of community land tenure. Tragically, the opportunity provided by the Constitution and the Trust Land Act at independenceland tenure. Tragically, the opportunity provided by the Constitution and the Trust Land Act at independence for recognizing and giving effect to African customary land rights has been squandered by the tendency to manage trust land with little or no regard for the trust obligations envisaged in the law (see Box 1). Between the Commissioner of Lands and the County Councils, the trust lands have virtually been turned any other form of compulsory acquisition is what has resulted into the demand for a regime of community land tenure. Tragically, the opportunity provided by the Constitution and the Trust Land Act at independence for recognizing and giving effect to African customary land rights has been squandered by the tendency to manage trust land with little or no regard for the trust obligations envisaged in the law (see Box 1). Between the Commissioner of Lands and the County Councils, the trust lands have virtually been turned Box 1: Trust Land in the Constitution All trust land shall vest in the county council within whose area of jurisdiction it is situated. Each county council shall hold the Trust land vested in it for the benefit of the persons ordi narily resident on that land and shall give effect to such rights , interests or other benefi Box 1: Trust Land in the Constitution All trust land shall vest in the county council within whose area of jurisdiction it is situated. Each county council shall hold the Trust land vested in it for the benefit of the persons ordi narily resident on that land and shall give effect to such rights , interests or other benefi Box 1: Trust Land in the Constitution All trust land shall vest in the county council within whose area of jurisdiction it is situated. (Constitution of Kenya, Section 115(1) Each county council shall hold the Trust land vested in it for the benefit of the persons ordi narily resident on that land and shall give effect to such rights , interests or other benefi land tenure. Tragically, the opportunity provided by the Constitution and the Trust Land Act at independence for recognizing and giving effect to African customary land rights has been squandered by the tendency to manage trust land with little or no regard for the trust obligations envisaged in the law (see Box 1). Between the Commissioner of Lands and the County Councils, the trust lands have virtually been turned into the private estate of the local government. Box 1: Trust Land in the Constitution any other form of compulsory acquisition is what has resulted into the demand for a regime of community land tenure. Tragically, the opportunity provided by the Constitution and the Trust Land Act at independence for recognizing and giving effect to African customary land rights has been squandered by the tendency to manage trust land with little or no regard for the trust obligations envisaged in the law (see Box 1). Between the Commissioner of Lands and the County Councils, the trust lands have virtually been turned into the private estate of the local government. Box 1: Trust Land in the Constitution any other form of compulsory acquisition is what has resulted into the demand for a regime of community land tenure. Tragically, the opportunity provided by the Constitution and the Trust Land Act at independence for recognizing and giving effect to African customary land rights has been squandered by the tendency to manage trust land with little or no regard for the trust obligations envisaged in the law (see Box 1). Between the Commissioner of Lands and the County Councils, the trust lands have virtually been turned into the private estate of the local government. Vulnerability to interference or setting apart of customary rights by the government Difficulty in securing credit and other development finances using land as collateral Lack of administrative support for the customary system of land rights, making the position of the occupants of the vulnerable Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable customary land rights to grant community land in exchange for money or to bolster their personal power This legal insecurity that makes it difficult for people to protect their land, whether from setting apart, or any other form of compulsory acquisition is what has resulted into the demand for a regime of community Vulnerability to interference or setting apart of customary rights by the government Difficulty in securing credit and other development finances using land as collateral Lack of administrative support for the customary system of land rights, making the position of the occupants of the vulnerable Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable customary land rights to grant community land in exchange for money or to bolster their personal power This legal insecurity that makes it difficult for people to protect their land, whether from setting apart, or any other form of compulsory acquisition is what has resulted into the demand for a regime of community land tenure. Tragically, the opportunity provided by the Constitution and the Trust Land Act at independence Box 1: Trust Land in the Constitution All trust land shall vest in the county council within whose area of jurisdiction it is situated. (Constitution of Kenya, Section 115(1) narily resident on that land and shall give effect to such rights , interests or other benefi in respect of the land as may, under the African customary law for the time being in force and applicable thereto, be vested in any tribe, group, family or indiv Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable customary land rights to grant community land in exchange for money or to bolster their personal individualize land tenure. In pastoral areas and other areas where trust land regime applies the form that land rights take is generally subservient or ‘held in trust’. The land in trust land areas is broadly regarded as the property of Local Government Authorities. People who have lived on trust land for generations often find that they do not realize their legal rights to the land in question as a result of unilateral action on the All trust land shall vest in the county council within whose area of jurisdiction it is situated. occupants of the vulnerable • Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable customary land rights to grant community land in exchange for money or to bolster their personal management of trust land there appears to be an unwritten policy on the part of government that sees community land as land that is not owned but rather is available for County Councils and government to appropriate through the setting apart procedure. There has been no cohesive policy, legal and institutional framework supportive of customary land tenure. Instead, the formal framework for the management Despite community historical rights to trust lands and other communal lands, the general problems which are caused by lack of legally enforceable rights to trust land include the following: Vulnerability to interference or setting apart of customary rights by the government Difficulty in securing credit and other development finances using land as collateral Lack of administrative support for the customary system of land rights, making the position of the occupants of the vulnerable Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable customary land rights to grant community land in exchange for money or to bolster their personal This legal insecurity that makes it difficult for people to protect their land, whether from setting apart, or any other form of compulsory acquisition is what has resulted into the demand for a regime of community land tenure. Tragically, the opportunity provided by the Constitution and the Trust Land Act at independence for recognizing and giving effect to African customary land rights has been squandered by the tendency to manage trust land with little or no regard for the trust obligations envisaged in the law (see Box 1). Between the Commissioner of Lands and the County Councils, the trust lands have virtually been turned part of County Councils often in total disregard of provisions of the Constitution and the Despite community historical rights to trust lands and other communal lands, the general problems which are caused by lack of legally enforceable rights to trust land include the following: Vulnerability to interference or setting apart of customary rights by the government Difficulty in securing credit and other development finances using land as collateral Lack of administrative support for the customary system of land rights, making the position of the occupants of the vulnerable Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable customary land rights to grant community land in exchange for money or to bolster their personal This legal insecurity that makes it difficult for people to protect their land, whether from setting apart, or any other form of compulsory acquisition is what has resulted into the demand for a regime of community land tenure. Tragically, the opportunity provided by the Constitution and the Trust Land Act at independence for recognizing and giving effect to African customary land rights has been squandered by the tendency to manage trust land with little or no regard for the trust obligations envisaged in the law (see Box 1). Between the Commissioner of Lands and the County Councils, the trust lands have virtually been turned Despite community historical rights to trust lands and other communal lands, the general problems which Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable customary land rights to grant community land in exchange for money or to bolster their personal Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable customary land rights to grant community land in exchange for money or to bolster their personal Lack of administrative support for the customary system of land rights, making the position of the Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable customary land rights to grant community land in exchange for money or to bolster their personal Lack of administrative support for the customary system of land rights, making the position of the Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable customary land rights to grant community land in exchange for money or to bolster their personal Lack of administrative support for the customary system of land rights, making the position of the Unscrupulous County Council officials and individuals taking advantage of the lack of enforceable customary land rights to grant community land in exchange for money or to bolster their personal land rights take is generally subservient or ‘held in trust’. The land in trust land areas is broadly regarded as the property of Local Government Authorities. People who have lived on trust land for generations often find that they do not realize their legal rights to the land in question as a result of unilateral action on the part of County Councils often in total disregard of provisions of the Constitution and the Despite community historical rights to trust lands and other communal lands, the general problems which are caused by lack of legally enforceable rights to trust land include the following: Vulnerability to interference or setting apart of customary rights by the government land rights take is generally subservient or ‘held in trust’. The land in trust land areas is broadly regarded as the property of Local Government Authorities. People who have lived on trust land for generations often find that they do not realize their legal rights to the land in question as a result of unilateral action on the part of County Councils often in total disregard of provisions of the Constitution and the Despite community historical rights to trust lands and other communal lands, the general problems which are caused by lack of legally enforceable rights to trust land include the following: Vulnerability to interference or setting apart of customary rights by the government individualize land tenure. In pastoral areas and other areas where trust land regime applies the form that land rights take is generally subservient or ‘held in trust’. The land in trust land areas is broadly regarded as the property of Local Government Authorities. People who have lived on trust land for generations oftenas the property of Local Government Authorities. People who have lived on trust land for generations often appropriate through the setting apart procedure. There has been no cohesive policy, legal and institutional framework supportive of customary land tenure. Instead, the formal framework for the management and administration of land has been driven largely by a modernization ethic that sought to privatize and individualize land tenure. In pastoral areas and other areas where trust land regime applies the form that land rights take is generally subservient or ‘held in trust’. The land in trust land areas is broadly regarded as the property of Local Government Authorities. People who have lived on trust land for generations often individualize land tenure. In pastoral areas and other areas where trust land regime applies the form that land rights take is generally subservient or ‘held in trust’. The land in trust land areas is broadly regarded as the property of Local Government Authorities. People who have lived on trust land for generations often POLICY BRIEF PUBLIC LAND TENURE AND MANAGEMENT OF PUBLIC LAND IN KENYA Introduction The present public land tenure management system in Kenya is fragmented, uncoordinated and non-transparent. The public land tenure as embodied in the Government Lands Act, Cap 280 of the Laws of Kenya lacks a coherent information system and is bedeviled by a lack of clarity in the roles, responsibilities and policies of different institutions in its administration, planning and disposal. Thus, there is a need for a set of national norms and standards to ensure efficient and effective use of public land as an asset in support of land reform. The continued expansion of private tenure domain by ruling elite at the expense of public tenure cannot go on unmitigated. The concept of public land tenure is appreciated worldwide notwithstanding the complex tenurial arrangements. It is predicated on the public trust doctrine, which revolves around matters of public good such as environmental sustainability, public safety, security, health, defence, morality, town and country planning, infrastructure and general development imperative. The doctrine is very broad and it is enshrined in the current Kenyan Constitution in section 75 within the salient elements of the public interest. In addressing the land question in Kenya, it must be acknowledged that land by its very nature belongs not to a class or a few, but to present and future generations and this is best achieved through the promulgation of the public land tenure regime in policy and law. Through public land tenure the policy makers shall confront the often neglected but persistent concerns of social equity, historical injustice, democratic decision-making and the rational balancing of competing uses of land. Public Land Public land is simply all land that is not private land or community land, and any other land declared to be public land by an Act of Parliament. Thus, public land is collective property of the present and future generations and shall vest in and be held by the National Land Commission in trust for the people of Kenya. It includes all land held by the government or any other public agency for the benefit of the entire public. Public land is a national resource, the uses of which should be governed by the National Land Policy that supports the public’s macro-economic, human development and redistribution goal. While securing the rights of those who beneficially occupy public land, the asset that is public land should be effectively managed in the public’s best interest. However, what exists as public land in Kenya at the moment is described as Government Land. The Government Lands Act defines Government Land as “ Land for the time being vested in the Government by virtue of Sections 204 and 205 of the Constitution (as contained in Schedule 2 to the Kenya Independence Order in Council 1963) and Sections 21,22,25 and 26 of the Constitution of Kenya (Amendment) Act, 1964.” This definition has grave implications in law and practice. It gives the erroneous impression that the government owns the land as a private entity and can use, abuse and dispose it as every private owner. Public Land Management Tragically, the undemocratic and exploitative colonial system still informs the policies, laws and institutions charged with management of public land in Kenya. The colonial legal system commencing with the Foreign Jurisdiction Act of 1890, which provided that the imperial power had control over and could therefore freely dispose of “waste and unoccupied land in protectorates, where there were no settled form of government and where land had not been appropriated to the local sovereign or individuals” was adopted wholesale in both the Crown Lands Ordinance of 1902 and of 1915 and at independence in the Government Lands Act. Principally, the President enjoys the same powers the Governor had over land in the Kenya Colony. Indeed through the provisions of the Government Lands Act, the president is at liberty to make grants of public land to individuals and corporate entities either in leasehold or freehold. Trends and experiences from the world over show that there is a broad range of policies in relation to public land. However, the bottom line is that public land is a national public resource that should be effectively managed in the public’s best interest. The over arching management framework within which land use and development decisions around public land should be made is public good. The government of the day’s key responsibilities in regard to public 1 Kenya Land Alliance Hakijamii Trust POLICY BRIEF RIGHTING THE WRONGS: HISTORICAL INJUSTICES AND LAND REFORMS IN KENYA KENYA LAND ALLIANCE KENYA HUMAN RIGHTS COMMISSION 1 Introduction For historical reasons, Kenya inherited a highly skewed system of land ownership at independence in 1963. British colonialism in Kenya was not merely administrative, rather it was accompanied by massive and widespread land alienation for the benefit of settler agriculture. As a result the best agricultural land-the White Highlands, and the adjacent rangelands were taken from Africans, without compensation, and parceled out to white settlers. Colonial legislation was then enacted to legalize this process. As a result, whole communities lost valuable land that they had occupied over generations. The customary land tenure systems under which Africans had guaranteed claims over the land they occupied were supplanted by the registration of individual title holders under the colonial system. Independence failed to reverse this loss of African land, given that the colonial legislation protecting the rights of the land title holders was inherited by the first post-independence government of President Jomo Kenyatta. The Constitution negotiated at Lancaster House in London, provided for an elaborate protection of private property without reference to the history of its acquisition. The successive post-independence governments have continued to uphold the sanctity of privately owned land to the frustration of the large number of Kenyans who had been dispossessed through colonialism leaving them squatters on their ancestral land or landless poor. This situation demands an equitable land distribution process that is capable of providing livelihood opportunities to the landless poor as well as redressing colonial wrongs and re-establishing justice in the land sector. The severity of the problem of historical injustices has repeatedly been articulated in various forums established by the government, including the Constitution of Kenya Review Commission, the Presidential Commission of Inquiry into the Land Law System of Kenya and the Presidential Commission of Inquiry into the Illegal/Irregular Allocation of Public Land and the National Land Policy Formulation Process. The Draft Constitution of Kenya which was rejected at a referendum in 2005 recognized this problem of historical injustices and required the government to effectively address it. This is in recognition of the fact that equitable access to land is an essential precursor for economic development in Kenya, as most primary and secondary economic activities-agriculture, tourism, mining, pastoralism and agro- based manufacturing sector - are dependent on land. The failure by successive governments to adequately deal with historical injustices has allowed the grievances to fester and the problem to ferment into a national crisis. Reports by both government and non-governmental agencies have recorded that the violent clashes and conflicts over land-based resources in the Rift Valley and other parts of the country in the 1990s were ignited by the political exploitation of these grievances. Since then, far from subsiding, these kinds of clashes appear to have gained momentum nationwide. The various studies of the land question in Kenya have established the inextricable linkages between the problems of poverty, insecurity and landlessness. Key Concerns Squatter Problem The Draft National Land Policy developed by the government has identified the problem of squatters as a historical product. Although the precise number of squatters is unknown, it is clearly a problem that dates back to the colonial period when Africans were declared Tenants at Will of the Crown following the Crown Lands Ordinance of 1915. Most of the displaced peasants never got back their POSITION PAPER Civil Society Position on the Draft National Land Policy Kenya Land Alliance FIDA-KENYA RECONCILE Shelter Forum Institution of Surveyors of Kenya Citizen Assembly Hakijamii Trust Kenya Human Rights Commission DRAFT NATIONAL LAND POLICY PublicationsKLA Publications 16 The Land Charter
  17. 17. 17 KENYA LAND ALLIANCE Board of Trustee’s Report and Financial Statements 31st December 2007 CONTENTS PAGE Report of the Trustees 18 Statement of Trustees’ Responsibilities 19 Report of the Independent Auditors 20 Financial Statements:- Balance Sheet 21 Income Statement 22 Cash Flow Statement 23 Notes to the Financial Statements 24 - 28 FINANCIAL REPORT To achieve its mandate, KLA has continuously mobilized the required resources from donors and its membership. KLA has made a deliberate effort to widen its donor base for sustainability. In 2007, KLA received support from The Department for International Development (DFID), OXFAM GB, Irish Aid, Action Aid International (Africa), Friedrich Ebert Foundation (FES), Trocaire, The International Land Coalition, and PACT Kenya (USAID). This annual report represents the Balance Sheet and Statement of Account of our income and expenditures as at December 31, 2007, with comparisons for the year 2006. The full financial statements audited by the firm of Ernst & Young are available at the KLA secretariat. Herein find some of the excerpts.
  18. 18. 18 KENYA LAND ALLIANCE REPORT OF THE BOARD OF TRUSTEE’S FOR THE 31ST DECEMBER 2007 The Board of Trustees submit their report and the audited financial statements for the year ended 31 December 2007, which show the state of the Alliance’s affairs. 1. PRINCIPAL ACTIVITY The Alliance continues to serve as a network of Civil Society Organisations and individuals for effective advocacy on land laws and policy reforms. 2. RESULTS The results for the year are set out on page 7. 3. RESERVES The general reserves are set out on page 10, note 4. 4. TRUSTEES The trustees who served during the year and to the date of this report were: Michael Ochieng’ Odhiambo Peter Kariuki Nyokabi Gitahi Maurice Odhiambo Makoloo Hassan G. Shano Nagib Shamsan Philip Wambua Muema Purity M. G Ngunjiri Ted Olang’ Carolyn Nekesa Elijah Odhiambo Patita Tingoi 5. AUDITORS Ernst & Young have expressed their willingness to continue in office. By Order of the Board of Trustees
  19. 19. 19 KENYA LAND ALLIANCE STATEMENT OF THE BOARD OF TRUSTEE’S RESPONSIBILITIES ON THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 31ST DECEMBER 2007 The Board of Trustees is required to prepare financial statements for each financial year, which give a true and fair view of the state of affairs of the Alliance as at the end of the financial year and of its operating results for that year.It is also required to ensure that the Alliance keeps proper accounting records which disclose, with reasonable accuracy, the financial position of the Alliance. It is also responsible for safeguarding the assets of the Alliance. The Board of Trustees accept responsibility for the annual financial statements, which have been prepared using appropriate accounting policies supported by reasonable and prudent judgements and estimates, in conformity with International Financial Reporting Standards. The Board of Trustees are of the opinion that the financial statements give a true and fair view of the state of the financial affairs of the Alliance and of its operating results. The Board of Trustees further accept responsibility for the maintenance of accounting records which may be relied upon in the preparation of financial statements, as well as adequate systems of internal financial control. Nothing has come to the attention of the Board of Trustees to indicate that the Alliance will not remain a going concern for at least the next twelve months from the date of this statement. …………………………………………………… Chairperson …………………………………………………… Treasurer ………………………………………………2008 Date
  20. 20. REPORT OF THE INDEPENDENT AUDITORS TO THE MEMBERS OF KENYA LAND ALLIANCE REPORT ON THE FINANCIAL STATEMENTS We have audited the accompanying financial statements of Kenya land Alliance set out on pages 21 to 28 which comprise the Alliance’s balance sheet as at 31 December 2007, income statement and cashflow statement for the year then ended and a summary of significant accounting policies and other explanatory notes. BOARD OF TRUSTEES’ RESPONSIBILITY FOR FINANCIAL STATEMENTS The Board of Trustees is responsible for the preparation and fair presentation of these financial statements in accordance with International Financial Reporting Standards. This responsibility includes: designing, implementing and maintaining internal controls relevant to the preparation and fair presentation of financial statements that are free of material misstatement, whether due to fraud or error; selecting and applying appropriate accounting policies; and making accounting estimates that are reasonable in the circumstances. AUDITOR’S RESPONSIBILITY Our responsibity is to express an independent opinion on these financial statements based on our audit. We conducted our audit in accordance with International Standards on Auditing. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on our professional judgement, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditors considers internal controls relevant to the Alliance’s preparation and fair presentation of the financial statements in order to design audit procedures that were appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Alliance’s internal controls. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by the board, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. GOING CONCERN The financial statements have been prepared on a going concern basis and the validity of this depends on the continuing donor funding. In the absence of such support, this basis would be inappropriate. Provisions would then have to be made for any adjustments that might be necessary if the Alliance’s assets were realised at amounts different from those in the financial statements. OPINION In our opinion, except for the effects of such adjustments, if any, as might have been necessary if the assets of the Alliance are realised at amounts different from those in the financial statements, proper books of accounts have been kept by the Alliance, and, the accompanying financial statements give a true and fair view of the state of the financial affairs of the Alliance as at 31 December 2007 and of its deficit and cash flows for the year then ended and comply with International Financial Reporting Standards. .................................................... Nakuru 2008 20
  21. 21. 21 KENYA LAND ALLIANCE BALANCE SHEET AS AT 31ST DECEMBER 2007 2007 2006 2005 Note KShs KShs KShs ASSETS CURRENT ASSETS Receivables 3 816,999 1,711,718 630,050 Bank balances and cash 24,294,375 10,964,794 19,215,444 -------------- -------------- -------------- TOTAL ASSETS 25,111,374 12,676,512 19,845,494 ========= ========= ========= RESERVES AND LIABILITIES GENERAL RESERVES 4 486,414 915,049 539,718 -------------- -------------- -------------- DEFERRED INCOME 5 23,115,470 11,022,744 17,225,409 -------------- -------------- -------------- CURRENT LIABILITIES Payables 6 1,509,490 738,719 1,661,976 Amount due to related parties 7 - - 418,391 -------------- ------------- ------------ 1,509,490 738,719 2,080,367 --------------- -------------- -------------- TOTAL RESERVES AND LIABILITIES 25,111,374 12,676,512 19,845,494 ========== ========= ========= The financial statements were approved by the Board of Trustees on…...….……..…..…....……… 2008 and signed on its behalf by:- ………………………………….… Chairperson ………………………………….… Treasurer
  22. 22. 22 KENYA LAND ALLIANCE INCOME STATEMENT FOR THE YEAR ENDED 31ST DECEMBER 2007 2007 2006 Note KShs KShs INCOME 8 37,940,937 34,505,297 DIRECT EXPENSES 9 (30,945,507) (27,228,255) --------------- --------------- OPERATING SURPLUS 6,995,430 7,277,042 NET OTHER INCOME 10 319,973 375,331 ------------ ------------ 7,315,403 7,652,373 ------------ ------------ EXPENDITURE Administration and establishment 11 (7,744,038) (7,277,043) -------------- -------------- (DEFICIT)/SURPLUS FOR THE YEAR (428,635) 375,330 ======== =========
  23. 23. 23 KENYA LAND ALLIANCE CASH FLOW STATEMENT FOR THE YEAR ENDED 31ST DECEMBER 2007 2007 2006 Note KShs KShs Cash flows from operating activities (Deficit)/Surplus (428,635) 375,331 Receivables 894,719 (1,081,668) Payables 770,771 (923,258) Amount due to related parties - (418,391) Deferred income 12,092,726 (6,202,664) -------------- -------------- Net cash from operating activities 13,329,581 (8,250,650) -------------- -------------- Net increase/(decrease) in cash and cash equivalents 13,329,581 (8,250,650) Cash and cash equivalents at the beginning of the year 10,964,794 19,215,444 ------------- ------------- Cash and cash equivalents at the end of the year 12 24,294,375 10,964,794 ======== ========
  24. 24. 24 KENYA LAND ALLIANCE NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 31ST DECEMBER 2007 1. SIGNIFICANT ACCOUNTING POLICIES a) Basis of preparation The financial statements of Kenya Land Alliance have been prepared in accordance with the International Financial Reporting Standards (IFRS). The financial statements have been prepared on the historical cost basis. b) Income / funding Income / funding comprise grants from various donors and subscriptions, entrance fees and other income.Grants are recognised as income when expended and related grant expenditure is apportioned to the donors in their respective vote heads. Other incomes are recognised when received except for subscriptions income which is recognised on accrual basis. c) Property and equipment Property and equipment are stated at cost less capital grants used in financing the purchase of the related assets. d) Employee benefits The Alliance contributes to a defined contributory pension scheme . The Alliance contributes to a statutory defined contributory pension scheme, the National Social Security Fund (NSSF). Contributions are determined by local statute and are currently limited to KShs.200 per employee per month. The Alliance’s contributions to the above scheme are charged to the income statement in the year to which they relate. The Alliance operates a defined contribution post employment benefit scheme for all its staff. Under this scheme, the company pays 10% of the gross pay as contributions to a separate entity , and the Alliance has no legal or constructive obligations to pay further contributions if the fund does not hold sufficient assets to pay all employees the benefits relating to employees service in the current and prior periods. e) Bad and doubtful debts Specific provision is made for all known doubtful debts. Bad debts are written off when all reasonable steps to recover them have been taken without success. f) Cash and cash equivalents Cash and cash equivalents comprise balances held in current accounts with banks and cash in hand. g) Deferred income A grant received in the current year for which related expenses are to be incurred in the future period is deferred to that future period. h) Foreign currency transactions Transactions during the year are converted into Kenya shillings at rates ruling at the transactions dates. Assets and liabilities at the balance sheet date which are expressed in foreign currencies are translated into Kenya shillings at rates ruling at that date. The resulting differences from conversion and translation are dealt with in the income statement. 2. PROPERTY AND EQUIPMENT The organisation deducts the amounts of grants from the purchase prices or costs of related property and equipment acquired through capital grant. The organisation maintains a memorandum account showing details of the existing property and equipment at any one time. During the year ended 31 December 2007, the organisation had the following assets.
  25. 25. 25 KENYA LAND ALLIANCE NOTES TO THE FINANCIAL STATEMENTS (CONT’D.) FOR THE YEAR ENDED 31ST DECEMBER 2007 Motor Furniture and Equipment and vehicle fittings accessories Total KShs. KShs. KShs. KShs. Cost At 1 January 2007 5,613,970 1,006,117 3,322,524 9,942,611 Additions - 2,281 285,919 288,200 ------------- ------------ ------------ ------------ At 31 December 2007 5,613,970 1,008,398 3,608,443 10,230,811 ------------- ------------- ------------- ------------- CAPITAL GRANTS At 1 January 2007 5,613,970 1,006,117 3,322,524 9,942,611 Capital grants for the year - 2,281 285,919 288,200 ------------- ------------- ------------- ------------- At 31 December 2007 5,613,970 1,008,398 3,608,443 10,230,811 ------------- ------------- ------------- -------------
  26. 26. 26 KENYA LAND ALLIANCE NOTES TO THE FINANCIAL STATEMENTS (CONT’D.) FOR THE YEAR ENDED 31ST DECEMBER 2007 3. RECEIVABLES 2007 2006 Note KShs KShs Receivables 195,800 234,050 Provision for bad and doubtful debts (26,750) (26,750) ----------- ----------- 169,050 207,300 Prepayments 647,949 1,504,418 ---------- ---------- 816,999 1,711,718 ====== ====== 4. GENERAL RESERVES Balance brought forward 915,049 539,718 (Deficit)/Surplus for the year (428,635) 375,331 ---------- ---------- Balance carried forward 486,414 915,049 ====== ====== 5. DEFERRED INCOME Balance at Expended Grant Balance at 1 January 2007 Receipts portion Refunds 31December 2007 Grants KShs KShs KShs KShs KShs DFID 7,314,403 22,954,790 (26,777,726) - 3,491,467 OXFAM 2,186,531 - (1,682,890) (165,000) 338,641 ACTION AID - 2,022,750 (1,351,468) - 671,282 DCI 1,521,810 16,012,007 (467,810) - 17,066,007 FES - 564,905 (564,905) - - ILC - 3,351,296 (3,351,296) - - PACT - 3,727,390 (2,554,797) - 1,172,593 TROCAIRE - 1,853,725 (1,478,245) - 375,480 -------------- -------------- -------------- ------------ -------------- 11,022,744 50,486,863 (38,229,138) (165,000) 23,115,469 ======== ======== ======== ======= ======== Deferred income on grants represents unexpended portion of grants receipts. 6. PAYABLES 2007 2006 KShs KShs Subscriptions paid in advance - - Other payables 1,509,490 738,719 ------------- ---------- 1,509,490 738,719 ======= ===== 7. RELATED PARTY TRANSACTIONS Mainyoito Pastoralist Integrated Development Organisation shared the same bank account with the Alliance as they had a common donor. The following transactions were carried out with related party-
  27. 27. 27 7. RELATED PARTY TRANSACTIONS (Continued) 2007 2006 KShs KShs (i) Cash received from donors on their behalf Mainyoito Pastoralist Integrated Development Organisation - - ==== ==== (ii) Cash withdrawals Mainyoito Pastoralist Integrated Development Organisation - 418,391 ==== ==== (iii) Outstanding balances arising from the above transactions Payable to related party: Mainyoito Pastoralist Intergrated Development Organisation - - ==== ==== 8. INCOME Grants Department for International Development 26,777,726 20,558,000 Oxfam 1,682,890 2,662,053 Action Aid 1,351,468 4,155,293 DCI 467,810 13,805,541 FES 564,905 84,325 ILC 3,351,296 - PACT 2,554,797 - TROCAIRE 1,478,245 - -------------- -------------- 38,229,137 41,265,212 Less: Capital grants (note 2) (288,200) (6,759,915) -------------- -------------- 37,940,937 34,505,297 ======== ======== 9. DIRECT COSTS Printing and dissemination 4,663,785 5,893,303 Workshops and seminars 5,271,733 5,139,772 Programme staff salaries 9,897,413 7,182,659 Research and consultancy 1,729,854 1,874,966 Exchange visits 4,464,701 2,865,530 Advocacy training 357,734 - Media and publicity 3,098,237 3,368,530 Program meetings 16,240 - Programme evaluation 1,445,810 903,495 ------------- ------------- 30,945,507 27,228,255 ======== ======== 10. OTHER INCOME (NET) Membership fees 233,000 184,750 Miscellaneous income 371,508 307,069 ---------- ---------- 604,508 491,819 Bad debts written off (89,250) - Board and membership expenses (195,285) (100,290) Bank charges - (16,198) ---------- ---------- 319,973 375,331 ====== ====== KENYA LAND ALLIANCE NOTES TO THE FINANCIAL STATEMENTS (CONT’D.) FOR THE YEAR ENDED 31ST DECEMBER 2007
  28. 28. 28 KENYA LAND ALLIANCE NOTES TO THE FINANCIAL STATEMENTS (CONT’D.) FOR THE YEAR ENDED 31ST DECEMBER 2007 11. ADMINISTRATION AND ESTABLISHMENT EXPENSES 2007 2006 KShs KShs Telephone, fax and email 534,541 600,213 Rent 646,480 634,040 Transport, accommodation and subsistence 32,355 29,939 Administration salaries 3,760,258 3,867,586 Stationery 190,913 275,668 Audit fees 290,276 275,000 Vehicle running expenses 1,481,704 1,069,770 Security alarms 67,157 60,807 Computer repairs and maintenance 69,750 50,910 Equipment repair 580 - Insurance 92,368 293,477 Postage and delivery 4,878 - General expenses 109,224 65,932 Bank charges 90,549 53,701 Staff training 373,005 - ------------ ------------ 7,744,038 7,277,043 ======= ======= 12. CASH AND CASH EQUIVALENTS Cash and cash equivalents included in the cash flow statement comprise the following balance sheet amounts: 2007 2006 KShs KShs Bank balances and cash 24,294,375 10,964,794 ======== ======== 13. INCORPORATION The Alliance is incorporated in Kenya under the Kenyan Trustees Act. 14. CURRENCY These financial statements are presented in Kenya Shillings (KShs.)
  29. 29. 29 KLA MEMBERS 1 Action Aid-Kenya International NGO P.O BOX 42814-00100, Nairobi 2 Action Aid-Kenya-Coast Region International NGO P.O BOX 86111,Mombasa 3 Action Aid-Nakuru International NGO P.O BOX 14474-20100,Nakuru 4 Bahizala Elders CBO P.O BOX 3834, Kitale 5 Bellevue Migithania Kieni -West CBO P.O BOX 31, Mweiga 6 BUBU-Bu Residents CBO P.O BOX 96296, Mombasa 7 Busia Environment Research Management NGO P.O BOX 42, Butula 8 BUCODEV - Busia Community Development Organisation. NGO P.O Box 223,50410, Port Victoria 9 Centre for Monority Rights Development (CEMIRIDE) NGO P.O BOX 14692-00100,Nairobi 10 CGD ( Centre of Governance and Democracy NGO P.O BOX 4037-00506, Nairobi 11 Chemi Chemi Ya Ukweli NGO P.O box 14370, Nairobi 12 CJPC Kitale ( Catholic Justice and Peace Commission - Kitale) Faith Based Organisation P.O BOX 4656, Kitale 13 Clash Victims/ IDPS and Landless group CBO P.O BOX 4656, Kitale 14 CLEAR - Centre of Land Economy and Rights of Women NGO P.O BOX 48974, Nairobi 15 CNRM- Centre for Natural Resource Management NGO P.O BOX 436-00511, Nairobi 16 Coast Land Rights Lobby Group NGO P.O Box 86111, Mombasa 17 Community Food and Environmental Group CBO P.O BOX 293, Molo 18 Concern Worldwide International NGO P.O BOX 13850-60800,Nairobi 19 Environmental Awareness and Child Rights (ENACR) NGO P.O BOX 445, Homabay 20 Forest Action Network (FAN) NGO P.O Box 380-00100, Nairobi 21 Haki Jamii Trust NGO P.O Box 11356,Nairobi 22 ILEG - Institute of Law in Environmental Governance NGO P. O BOX 9561-00100 23 Pratical Action NGO P.O BOX 39493,Nairobi 24 Kenya Human Rights Commission NGO P.O BOX 41079-00100, Nairobi 25 Kibera Youth Programme for Peace CBO P.O Box 62023, Nairobi 26 Kenyonga Squatters CBO P.O BOX 2171, Kitale 27 Kiptagich Squatters CBO P.O BOX 106, Eldoret 28 Kisauni Lands Lobby Self Help Group CBO P.O BOX 81538, Mombasa 29 Kituo Cha Sheria NGO P.O BOX 7483-00300, Nairobi 30 K-RIDA - Kiima Kimwe Residents and Rights Development Association. NGO P.O BOX 2208, Machakos 31 Kukimbizana Self Help Group CBO P.O BOX 3969, Kitale 32 Lamukani CBO P.O BOX 427-80400, Ukunda ORGANIZATION / INDIVIDUAL MEMBERSHIP CLASSIFICATION CONTACTS
  30. 30. 30 33 Mnyonge Ana Haki CBO P.O BOX 12- 40417, Nji maru 34 MPIDO - Mainyoito Pastoralists Organization NGO P.O BOX 226-00206, Kiserian 35 Mt. Elgon Forest Action Network CBO P.O BOX 66-50203, Kapsokwony 36 Namuncha Masaai Community CBO P.O BOX 187, Narok 37 NCCK-Eldoret Faith based Organisation P.O BOX 3371, Eldoret 38 Oxfam GB International NGO P.O BOX 40680, Nairobi 39 Osiligi Trust NGO P.O BOX 879-10400, Nanyuki 40 Pamoja Trust NGO P.O BOX 10269-00100 Nairobi 41 Pembeni Squatters Alliance CBO P.O BOX 447, Moi’s bridge, 42 Ragati and Bugret Squatters Self Help Group CBO P.O BOX 102, Nairobi 43 Ragati forest evictees Squatters CBO P.O BOX 2158-10101, Nyeri 44 RECONCILE NGO P.O BOX 7150, Nakuru 45 Self Help Development International(K) International NGO P.O BOX 2248-2100, Nakuru 46 Sengwer Indegeneous development programme CBO P.O BOX 165 Kapsowar 47 Shelter Forum NGO P.O BOX 9202-00100, Nairobi 48 SODNET (Social Development Network) NGO P.O BOX 63125, Nairobi 49 Songa Mbele Women Organization NGO P.O BOX 31518-00600 Nairobi 50 South Laikipia Settlement Scheme Sqautters CBO P.O Box Gataragwa Via Mweiga 51 Trans-Nzoia Squatters group Alliance CBO P.O BOX 547, Kitale 52 TROCAIRE International NGO P.O BOX 66300, Nairobi 53 Uamani Small Scale Women Farmers CBO P.O BOX 489, Tala 54 Ugunja Community Resource Centre NGO P.O BOX 330-40606, Ugunja 55 Uhai Lake Forum NGO P.O BOX 6022, Kisumu 56 Village Women’s Organization NGO P.O BOX 31518-00600, Nairobi 57 Vololo Residence CBO P.O BOX 242, Machakos 58 Waso Trustland NGO P.O BOX 501, Isiolo 59 WEFA(K) Western Environment and Land Reform Alliance - Kenya CBO P.O BOX 12-50100, Kakamega 60 Abdul Hamid Mohidin Individual P.O BOX 1234, Mombasa 61 Clare Omanga Individual P.O BOX 220, Kisii 62 David Kiambi M’Rimberia Individual P.O BOX 359, Njoro 63 Dickson Kasole Individual P.O BOX 6253-00200, Nairobi 64 Dr. Joseph Oluoch Otieno Individual P.O BOX 12605-20100, Nakuru 65 Dr. Karuti Kanyinga Individual P.O BOX 30197,Nairobi 66 Dr. Raphael Kapiyo Individual P.O BOX 333, Maseno 67 Dr. Szumbah Mwanaongoro Individual P.O BOX 12015, Nakuru ORGANIZATION / INDIVIDUAL MEMBERSHIP CLASSIFICATION CONTACTS
  31. 31. 31 68 Dr. Winnie Mitullah Individual P.O BOX 30197,Nairobi 69 Duncan Ochieng Onduu Individual P.O BOX 2248-2100, Nakuru 70 Edward King’oro Individual P.O BOX 14806, Nakuru 71 Electine Oketch Individual P.O BOX 2, Western 72 Francis Gachuhi Karaba Individual P.O BOX 112,Nanyuki 73 Fred Odenda Juma Individual USA 74 Gerald Ngatia Individual P.O Box 1291 - 0101 Nairobi 75 James Maina Mugo Individual NYERI 76 Kamau Mubuu Individual P.O BOX 4968-00100, Nairobi 77 Livingstone Kombich Individual P.O BOX 367, Bomet 78 Lucas Naikuni Individual P.O BOX 42193, Nairobi 79 Martha Rop Individual P.O BOX 889, Eldoret 80 Martin Adams Individual LONDON 81 Mary Betty Watila Individual P.O BOX 2561-00800, Nairobi 82 Musa Mwera Athman Individual P.O BOX 98415, Mombasa 83 Najib Shamshan Mohammed Individual P.O BOX 653, Mombasa 84 Nassir Ali Individual P.O BOX 4173,20100, Nakuru 85 Nicholas Were Individual P.O BOX 79, Butula 86 Nyokabi Gitahi Individual P.O BOX 48177, Nairobi 87 Pastor Honey Munyiri Individual P.O BOX 398,Gilgil 88 Peter Maina Mbugua Individual P.O BOX 12115-80117 Mombasa 89 Purity Ngunjiri Individual P.O Box 12263, Nairobi 90 Roseline Atieno Raey Individual P.O BOX 91, Suna Migori 91 Salim Seif Salim Individual P.O BOX 85278-80100, Mombasa 92 Samuel Kimaru Kamuyu Individual P.O BOX 2015, Nakuru ORGANIZATION / INDIVIDUAL MEMBERSHIP CLASSIFICATION CONTACTS

×