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From Constitutional Law to Reality: A Field Study on the new Kenyan Constitution’s Affects on Land Conflicts

Lindén, Gabriel LU (2013) STVK02 20131
Human Rights Studies
Department of Political Science
Abstract
In this field study it is examined how the new Kenyan constitution, approved in 2010, has affected conflicts related to land. The study is based on a combination of quantitative data, conducted through standardized interviews with 90 people living in areas affected by land disputes, and qualitative data, gathered through deep-interviews with seven policy experts, all being differently involved in the constitutional reform work. The results show that people perceive that conflicts over land have decreased after the approval of the new constitution. Still, many frequently refer to continuous land problems that relate to title deed mismanagement, land transaction fraud and inheritance disputes. However, ethnic land conflicts, widely focused... (More)
In this field study it is examined how the new Kenyan constitution, approved in 2010, has affected conflicts related to land. The study is based on a combination of quantitative data, conducted through standardized interviews with 90 people living in areas affected by land disputes, and qualitative data, gathered through deep-interviews with seven policy experts, all being differently involved in the constitutional reform work. The results show that people perceive that conflicts over land have decreased after the approval of the new constitution. Still, many frequently refer to continuous land problems that relate to title deed mismanagement, land transaction fraud and inheritance disputes. However, ethnic land conflicts, widely focused on in previous research, appear to be exceptions. The results are interpreted through implementation theory through which it is concluded that a legal framework now is in place, yet few institutional tools are available in order to use it, largely because of political reluctance. (Less)
Please use this url to cite or link to this publication:
author
Lindén, Gabriel LU
supervisor
organization
course
STVK02 20131
year
type
M2 - Bachelor Degree
subject
keywords
constitution, conflict, land, Kenya, implementation
language
English
id
3628997
date added to LUP
2013-05-16 13:58:26
date last changed
2014-09-04 08:27:35
@misc{3628997,
  abstract     = {In this field study it is examined how the new Kenyan constitution, approved in 2010, has affected conflicts related to land. The study is based on a combination of quantitative data, conducted through standardized interviews with 90 people living in areas affected by land disputes, and qualitative data, gathered through deep-interviews with seven policy experts, all being differently involved in the constitutional reform work. The results show that people perceive that conflicts over land have decreased after the approval of the new constitution. Still, many frequently refer to continuous land problems that relate to title deed mismanagement, land transaction fraud and inheritance disputes. However, ethnic land conflicts, widely focused on in previous research, appear to be exceptions. The results are interpreted through implementation theory through which it is concluded that a legal framework now is in place, yet few institutional tools are available in order to use it, largely because of political reluctance.},
  author       = {Lindén, Gabriel},
  keyword      = {constitution,conflict,land,Kenya,implementation},
  language     = {eng},
  note         = {Student Paper},
  title        = {From Constitutional Law to Reality: A Field Study on the new Kenyan Constitution’s Affects on Land Conflicts},
  year         = {2013},
}