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Governing Access to Essential Resources$
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Katharina Pistor and Olivier De Schutter

Print publication date: 2015

Print ISBN-13: 9780231172783

Published to Columbia Scholarship Online: May 2016

DOI: 10.7312/columbia/9780231172783.001.0001

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Voice and Reflexivity in Essential Resources

Voice and Reflexivity in Essential Resources

Reforming the Community Land Regime in Kenya

Chapter:
(p.302) Chapter 15 Voice and Reflexivity in Essential Resources
Source:
Governing Access to Essential Resources
Author(s):

Laila Macharia

Publisher:
Columbia University Press
DOI:10.7312/columbia/9780231172783.003.0015

Macharia shows how the process of negotiation, a new social contract, and a constitution can be used to broaden the Voice of communities over land rights. She attributes Kenyan conflicts of land access and use rights to the history of colonization and the tension between community land rights and property regimes imposed during colonial rule. However, community based organizations participated in the drafting process of a new constitution and were able to voice their grievances and aspirations. Moreover, institutions were created to monitor the process of land reform – creating the possibility for continuing dialogue and thus Reflexivity. This case offers some perspective on how processes of institutionalization can further inclusion and contribute to social peace.

Keywords:   Kenya, land rights, process of constitutional change, traditional institutions

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