Leadership
Tackling Land Fragmentation: A National Land Commission Priority
By Mbuthia Mwaniki
Land has always held a central place in Kenya’ s social, political, and economic fabric, everyone either has a few title deeds or is working to get at least one. It is not only a source of livelihood for millions of households but also a deeply emotive issue tied to identity, inheritance, and security.
Yet, one of the most pressing challenges undermining sustainable land use in the country today is land fragmentation, the continual subdivision of land into smaller and smaller parcels, often passed down through generations. In rural Kenya, fragmentation has reached alarming levels. It is common to find parcels so small that they cannot support any meaningful agricultural production or viable investment. Of what value is a 50 by 100 plot in interior Laikipia County? The National Land Commission( NLC), constitutionally mandated to manage land on behalf of the people, must take a lead role in addressing this challenge if the country is to secure food security, protect natural resources, and unlock economic growth.
The roots of land fragmentation in Kenya are both historical and cultural. Customary inheritance practices, where land is subdivided among heirs, have resulted in plots shrinking with each successive generation. Population pressure and the perception of land as the ultimate form of investment have only compounded the problem. The consequences are farreaching: agricultural yields decline because mechanization is impractical on tiny plots; disputes over boundaries multiply; and the cumulative effect is poverty traps for families unable to optimize their land. Moreover, unchecked fragmentation threatens environmental conservation, as farmers over-exploit the limited land to sustain livelihoods.
The NLC is uniquely positioned to spearhead interventions that balance cultural sensitivities with modern land management principles. Working closely with county governments, it can develop and enforce spatial plans that designate land for agriculture, conservation, housing, and industry, discouraging haphazard subdivision. By guiding how land is used, the Commission would ensure sustainability and discourage fragmentation that undermines productivity. It can also promote land consolidation, a practice piloted in some counties, where fragmented plots are merged into larger, more productive units. Through cooperative farming models, land-sharing agreements, or even voluntary land swaps, farmers can be encouraged to pool land for greater output and efficiency.
Equally important is the need for community education on alternatives to physical subdivision. Many families divide land because they see no other way to guarantee children’ s inheritance. The Commission, together with the Ministry of Lands and civil society, could roll out public awareness campaigns highlighting options such as joint ownership, land trusts, or using land as collateral to create opportunities for heirs without dividing it. Legal and policy frameworks also require review. Current laws permit subdivision with minimal restrictions, and this has fuelled the creation of tiny uneconomical plots. The NLC could recommend amendments to set minimum economic land sizes for different regions, taking into account soil quality, climate, and land use potential. For example, prescribing a minimum of two acres for agricultural land in high-potential areas could safeguard the viability of farming.
Technology too offers a powerful tool. By digitizing land records and employing GIS mapping, the NLC can monitor patterns of subdivision in real time, enforce minimum plot sizes, and plan interventions more effectively. Digital tools would also streamline consolidation processes and enhance transparency. Alongside this, the
Commission can champion policies that encourage alternative economic assets for families. The obsession with land as the only viable inheritance arises largely from limited alternatives. If rural industries, financial literacy, and savings schemes are strengthened, families would feel less pressure to subdivide land among children.
Addressing fragmentation, however, is not without challenges. Cultural attachment to inheritance practices runs deep, and any policy that appears to limit access to family land risks being viewed as an infringement on rights. The NLC must therefore adopt a consultative approach, working with elders, community leaders, and faith institutions to build consensus. Moreover, enforcement will demand collaboration across various actors, including the Ministry of Lands, county governments, survey departments, and the judiciary. The Commission must act as a convener, ensuring that national and local policies are harmonized.
The urgency of this issue cannot be overstated. A country with shrinking farm sizes cannot achieve its food security goals under Vision 2030. A nation where land is perpetually contested cannot achieve social cohesion. And a society where land remains the only perceived inheritance will always struggle to diversify its economy. By adopting bold, consultative, and forwardlooking measures, the National Land Commission has a unique opportunity to change the trajectory. Land fragmentation can be managed, but only if action is taken now, before the next generation finds itself inheriting dust instead of land.
Mbuthia Mwaniki LLM, LLB, Dip( KSL), is a Partner at Ashreen Matthews Associates. You can commune with him on this or related matters via email at: Mbuthia @ amassociates. co. ke
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