Africa’s vast land, spanning more than 30 million km², should ideally be enough for its 1.5 billion inhabitants. Yet, a blend of political and economic pressures, coupled with weak land governance, has left the continent's land resources under severe strain.
Corruption by powerful national actors exacerbates these issues, making transparency and accountability in land governance crucial to mitigate the challenges, including climate change, that arise from these pressures.
Corruption is a persistent challenge in Africa, reflected in Sub-Saharan Africa’s average score of 33 out of 100 in the 2023 Corruption Perceptions Index by Transparency International. Land, essential for wealth and political power, is frequently exploited through corrupt practices.
To combat this, the African Union (AU) has initiated several frameworks, including the African Land Policy Centre (ALPC) and the Africa Union Declaration on Land Issues and Challenges in Africa (2009), which aim to strengthen land governance institutions.
The 2014 Guiding Principles on Large Scale Land Based Investments emphasise the need for transparency and accountability, supporting broader anti-corruption efforts like the Africa Union Convention on Preventing and Combating Corruption.
The Africa Union's Land Governance Strategy, launched in November 2023, directly addresses corruption in land administration.
It identifies the lack of transparency and accountability as major issues, with corruption manifesting through hidden deals, bribes for basic land services, and unaccountable land planning.
The strategy calls for transparent land acquisition processes and strict measures against corruption to enhance service delivery and establish accountable governance structures for customary land.
Kenya exemplifies the broader African struggle with land corruption. The country faces historical land issues, political and economic interference, and a corrupt land administration system.
The National Land Policy, adopted over a decade ago, is under review by the National Land Commission to recommend a new policy.
Kenya can harness the Africa Union Land Governance Strategy to create policies that promote good land governance, address conflicts, and uphold human rights.
Civil society groups like Transparency International Kenya continue to push for reforms to enhance transparency and accountability in land governance.
However, recent legislative attempts such as the Lands Laws (Amendment) (No.2) Bill 2023, which sought to centralise land acquisition powers, sparked public outrage for undermining democratic principles and participation.
The withdrawal of this bill, influenced by public protests, underscores the critical role of citizen engagement in policy reforms.
Kenya can harness the Africa Union Land Governance Strategy to create policies that promote good land governance, address conflicts, and uphold human rights.
Technological innovations, such as the ‘Ardhi Sasa’ platform, offer opportunities to improve transparency and citizen participation.
The involvement of youth and marginalised voices is crucial, as recent protests due to the controversial finance bill in Kenya have shown, highlighting the demand for anti-corruption measures in the land sector.
Good governance in land sectors is essential for achieving Sustainable Development Goals (SDGs) related to poverty elimination, sustainable agriculture, gender equality, economic growth, and inclusive societies. Kenya can leverage experiences and support from various partners to advance land reforms effectively.
The AU Land Governance Strategy provides a valuable framework for countries like Kenya to tackle land corruption.
By incorporating anti-corruption strategies and ensuring citizen participation, Kenya can make significant strides towards transparency, accountability, and integrity in land governance, contributing to broader regional and global goals.
This collective effort will be instrumental in securing a fair and just future for Africa's land resources and its people.
Samuel Komu and Jonathan Ochom are Project Leads- Land and Corruption Project in Africa.
The writers support the implementation of Transparency International’s Land and Corruption project In Africa.