Local communities’ and indigenous peoples’ land and forestry rights - Assessing the law and practice on tenure security

He previously served as the Chairperson of the Task Force appointed by the Government of Kenya to advise on implementation of the Judgment of the African Court concerning the Ogiek community of the Mau Forest, between November 2018 until the Task Force fully discharged its mandated and submitted a report to the government in March 2020. [...] Similarly, in 2010, and forests (scope of rights granted) and the decision of African Commission on Human develop indicators that evaluate the existence and Peoples Rights concerning the Endorois of such provisions in regulations community is examined.1 The import of this (iii) To determine the extent to which these legal decision to the community land tenure rights is provisions provide the basis. [...] In terms of section 16 of the and replacing of the Land (Group Representatives) Community Land Act, the duration of the rights Act through section 45 of the 2016 Community of community as the proprietor of land vests Land Act. [...] This refers to the certainty of the breadth and This approach has been modified by the Community duration of the land rights, which is necessary Land Act to comply with the Constitution and to ensure that an individual or community assert the assurance of the tenure rights as belonging that possesses land rights of a specific breadth to the community. [...] Assurance of community tenure rights through legal provisions and registration of The question of registration also arises with respect ownership to community forests which (under article 63(2) (d)(i) of the Constitution) comprise part of Article 63(1) of Constitution of Kenya addresses community land governed by the Community the question of assurance of tenure, through the Land Act.