The role of Land Records in the protection of Citizens’ Rights and Entitlements: A study of Ministry of Lands, Bungoma County, Kenya

Abstract

Land records are integral to human rights and entitlements as access to land records ensures economic protection by providing access to livelihoods. The right to access land records forms the basis for other numerous rights and entitlements. The study investigated the role of land records in the protection of citizens‟ rights and entitlements in the Ministry of Lands in Bungoma County with a view to coming up with a best- practice framework to integrate management of land records in the protection of citizens‟ rights and entitlements. The specific objectives of the study were to: carry out a Business Process Analysis (BPA) of the lands office to determine the functions performed and types of records generated; determine how the land records are managed; determine how the existing records management practices in the lands office affect citizens‟ rights and entitlements; investigate the potential applications of Information Communications Technologies in the management of land records for enhanced protection of citizens‟ rights and entitlements; determine the challenges faced in the management of land records and; propose a best-practice framework for the management of land records for the protection of citizens‟ rights and entitlements. The study was informed by the Control, Access, Disposal, Storage and Sustain (CADSS) model. The study research design was qualitative design and study population consisted of 32 respondents. Data was collected through the use of structured face-to-face interviews and observation methods and analyzed according to relevant themes. The findings revealed that there existed an obvious correlation between the functions, transactions and the land records generated inthe Ministry of Lands, land records are integral to human rights and entitlements, the existing records management practices though support the protection of citizens‟ rights and entitlements, but not satisfactorily, ICTs can be applied in the management of land records to enhance the protection of citizens‟ rights and entitlements. Among the challenges that hamper effective management of land records included incompetency of records staff, lack of organizational plans as well as lack of basic records management policies and tools. The study recommended the need for the Principal Secretary and the Cabinet Secretary in-charge of Ministry of Lands, Housing and Urban Development to embark on a resource mobilization campaign to support the development of a Records Management Policy, modernization of the Ministry of Lands, Bungoma County, adequate funding for management of land records, outreach programme and automation of the Lands Office. Best-practice framework for the management of land records and protection of citizens‟ rights and entitlements is proposed and areas for further research suggested.