EFFECTIVENESS OF NATIONAL LAND POLICY IN ADDRESSING HISTORICAL LAND INJUSTICES IN SABOTI SUB-COUNTY, TRANS NZOIA COUNTY, KENYA

Abstract

Land ownership and use has intrinsic connection to community’s existence and well being. Therefore, its governance and administration immediately after colonialism has remained a focal point in public policy and academic discourse. Injustices on land stemming from colonial policy enactments resulted in unequal distribution of land, landlessness and squatting. These policy guidelines significantly impacted the socio economic well-being of several indigenous communities. The efforts towards rectifying historical land injustices, through land law reforms, has achieved less than expected. Many communities continue to struggle in poverty, with increased socio economic inequality. The purpose of national land policy is to provide mechanisms towards solving matters relating to historical land injustices. The continued existence of cases relating to land injustices triggered the need to evaluate the strengths and shortcomings of the NLP. This study therefore, assessed the National Land Policy's effectiveness in addressing historical land injustices in Saboti Sub-County, Trans Nzoia County, Kenya. The research objectives centered on analyzing the contributions of Land Reports, the adequacy of the National Land Policy Framework, and the extent of implementation of the National Land Policy in addressing historical injustices. Three theoretical frameworks informed the study: Max Horkheimer's Critical Theory (1937), Institutional Theory by Meyer and Rowan (1970), and Marxist Theory by Karl Marx (1818-1883). Employing a Mixed Methods Research Design, the study targeted a population of 47,603 household heads and 80 key informants, ultimately identifying a sample size of 381 household heads and 24 key informants. Data were collected and analyzed using both quantitative and qualitative methods. Descriptive statistics were used for quantitative data analysis, while qualitative data underwent thematic analysis. Ethical standards were upheld throughout the research process. The findings revealed a significant correlation between the impact of land reports in documenting and addressing historical land injustices (r = 0.989**, p = 0.000) and a strong correlation between the National Land Policy Framework and its role in addressing these injustices (r = 0.949**, p = 0.000). Furthermore, the results indicated a positive correlation between the level of implementation of the National Land Policy and its effectiveness in addressing historical injustices (r = 0.785**, p = 0.000). The study concluded that effectively addressing historical land injustices in Kenya requires robust government commitment to implementing viable solutions. This includes integrating recommendations from land reports into policy, aligning land policies with documented injustices, and ensuring effective implementation of the National Land Policy (NLP). This study highlights the need to address historical land injustices in Saboti Sub-County and assesses the Effectiveness of National Land Policies. It provides a roadmap for improving land governance by adopting recommendations from Land Reports, offering policymakers insights to create equitable land policy frameworks and Intentional implementation of the revised Land Policy Frameworks. Implementing these recommendations could enhance community well-being, reduce socio-economic disparities, and support a more inclusive society, contributing to the broader conversation on land reform and social justice.