legal resources foundation trust vision: a just and equitable society mission: “ a resource for...

LEGAL RESOURCES FOUNDATION TRUST

Vision: A Just and Equitable societyMission: “A resource for justice, equity and resilience in communities through

holistic participatory interventions and strategic partnerships”

Presented at: The National conference on ‘Building consensus on community engagement within Land Reforms and the Extractive

Sector in Kenya” Janet Munywoki

Legal Resources Foundation

Article 94 The legislative authority of the Republic is derived from the people and, at the national level, is vested in and exercised by Parliament.

Parliament manifests the diversity of the nation, represents the will of the people, and exercises their sovereignty

Article 95. (2) The National Assembly deliberates on and resolves issues of concern to the people.


Article 48: guarantees that the State shall ensure access to justice for all persons and if any fee is required, it shall be reasonable and shall not impede access to justice.

A2J denotes: acceptability, adaptability of institutions, systems, processes, language, quality, affordable, information, legislation, awards, affordability, penalties

It denotes that rights exist and therefore need to be accessed.

Change of mindsets and attitudes not personal enrichment but for common good.

E.g. Laws, provisions, policies that do not empower.

Circumventing the law – definition of terms

April 18, 2023 4

Communities are illiterate. Communities are ignorant. Communities are disorganized. Communities are voiceless. Communities are poor/slow in decision

making. Communities as obstructing development. Justice institutions are unreasonable If there is no law, we are helpless


Use of extra legal means to change policies as we await for the enactment of law.

Communities unwritten law that organizes them together.

Use and adoption of mechanisms or titles that endear action of institutions.

Use of pilots Available legal services Use of paralegal approach as change agents


Article 174: self governance, participation, making decision, .

Right information, right time, right audience Involving communities in the design and

implementation of governance projects. Government consultation of communities on

their traditional governance systems Community registers. Innovative

approaches to include folk songs, dances, folk tales, tion of community members


In the discharge of its mandate parliament is expected to adhere to values and principles of governance which include—

patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people;

human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalized;


i) Compensation for communities (owners, users): What is compensation, what is unreasonable compensation, what alternatives exist, financial & non financial

Ii)Benefits sharing- equitable access to benefits, iii) Royalties – what formulas? How calculated in compensation? Budget? 50% + monthly

stipends for affected families, Lake Bogoria (2007-2014, 2.3m).

iv) Revenue allocation v) Resource sharing - ASALs policy Vi) Fiscal packages & Incentives False expectations that eventually lead to

conflict Legal Resources Foundation

“You will reap from the oil benefits after the exploration reaches commercially viable stage”.

“As much as we need oil, they should also respect our way of life. They should consider that our animals need pasture”


i)The Prevention, Protection and Assistance to internally Displaced Persons and Affected Communities Act 2012

Development induced displacement, Sustainable reintegration at place of origin

Designate official areas for resettlement ii) The Cooperative societies and Act 1997, Iii) Family laws Iv) Property laws


Galvanizing communities to discuss emerging issues.

Information held by public bodies, seeing the unwritten

Development of community positions and Community positioning.

Taking responsibility to protect their space. Community constitutions, declaration, practices

Reasons, procedures, compensation & relocation/return/reintegration/resettlement.


Investor language as fashionable What are the bare minimums and what

options exist for remedy. Translation of documents in the local

context. Samples of templates that investors and the

commitment in the contracts to uphold national laws and international laws.

Public private Partnerships


Securing land rights through other mechanisms Informal mechanisms: Community action/ activism TDRM – lack of a legal framework to regulate

this huge unregulated institution., traditional systems of governance

Alternative sources of livelihoods Formal mechanisms: Alternative Dispute

Resolution, commissions, committees e.g. national

consultative coordination committee), village councils, citizen foras, tribunals, ombudsman?, courts

Land Tribunal – what alternatives exists Public Interest Litigation, precedents


Ability to take in and absorb shocks Toughness: Question issues and seek

answers, equal partners in development, negotiable & non-negotiable interests.

Resistance: Withstand challenges and the ‘Jaki Andika’ mentality, survival mechanisms.

Flexibility: adapt to changing phenomena, provide alternatives,


Break the ceiling; sit at the table; don’t leave before you have to leave; make your partner a real partner; support system. Sheryl Sandberg, “Lean in”

Protection of interests- Joint tenancy, tenancy in common

Land documents- e.g. lease provisions that protect communities.

Land users, land owners


National Council on Administration of Justice Practice advocacy Joint researches with academic institutions Archiving of information Building social movements for

transformational change Use of alternative existing mechanisms to

advance discourse Resilience, resilience, resilience


HAKI

ITAWALELegal Resources Foundation

legal resources foundation trust vision: a just and equitable society mission: “ a resource for...

Documents

communities owners

communities unwritten

justice institutions

use of extra legal means

social justice

unreasonable compensation

rule of law

enactment of law