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NATIONAL LAND COMMISSION

LAND ENVIRONMENT AND RESEARCH COMMITTEE

COMMISSION PAPER 6

NATIONAL LAND COMMISSION RESEARCH FRAMEWORK.
July 2020

TABLE OF CONTENTS

ABBREVIATIONS AND ACRONYMS .....................................................................................3 DEFINITIONS...............................................................................................................................4 CHAPTER ONE: INTRODUCTION..........................................................................................1
1.1

1.2 1.3 1.4
Preamble..........................................................................................................................1 Vision...............................................................................................................................1 Mission............................................................................................................................1 Research Philosophy......................................................................................................2
1.5 Scope of the Framework.....................................................................................................4 1.6 1.7 1.8
Purpose of Research Framework................................................................................4 Objectives of the Research Framework.......................................................................4 Organogram of the Commission .................................................................................6
CHAPTER TWO: THEMATIC AREAS FOR RESEARCH......................................................7
2.1

2.2 2.3 2.4 2.5
Lan Governance, Land Use and Land Management ................................................7 Land Rights and Security of Tenure............................................................................8 Emerging Global and Strategic Land Issues ..............................................................8 Historical Land Injustices and Legal Research..........................................................8 Sustainable Conservation of Land Based Natural Resources..................................9
CHAPTER THREE: RESEARCH APPROACH......................................................................10
3.1

3.2 3.3 3.4 3.5 3.6 3.7 3.8
Research by Commission staff ...................................................................................10 Partnerships ..................................................................................................................10 Tapping into National Research Fund (NRF)..........................................................10 Collaboration with Universities.................................................................................11 Memorandum of Understanding (MOU).................................................................11 Trans-disciplinary research approach.......................................................................11 Research Consultancy ................................................................................................12 Development of Policy recommendations and advisories ....................................12
3.9 Terms of Research Contract.............................................................................................12
CHAPTER FOUR: RESEARCH MANAGEMENT AND COORDINATION....................14
4.1 Research Funding..............................................................................................................14

i
4.3 4.4 4.5 4.6 4.7 4.8
Administration of Research Grant............................................................................15 Research Committee...................................................................................................16 Non- National Land Commission research appointments...................................16 Research review processes.........................................................................................17 Termination of a Research Project............................................................................17 Research Integrity .......................................................................................................17
4.9 Capacity Building.............................................................................................................18
CHAPTER FIVE: DISSEMINATION OF RESEARCH FINDINGS .....................................19
5.1 Dissemination of research findings ................................................................................19

5.2 Policy recommendations..................................................................................................19 5.3 Knowledge Management and Resource Centre ...........................................................19

CHAPTER SIX: Monitoring and Evaluation...........................................................................20
6.1

6.2
Research monitoring and evaluation ........................................................................20 Review of NLC Research Framework.......................................................................20
REFERENCES..............................................................................................................................20

ii

ABBREVIATIONS AND ACRONYMS

CEO PA
Chief Executive Officer Partnership Agreement
MOU Memorandum of Understanding MOA Memorandum of Agreement M&E NRF NLC
Monitoring and Evaluation National Research Fund National Land Commission
LPRC Land Framework Research Centre

iii

DEFINITIONS

Allegation: Any statement, written or spoken, or any other indication of possible research misconduct made to an official of the Commission. Investigator: A researcher who carries out academic or scientific research. Investigation: The process of gathering information and carrying out initial factfinding in order to determine whether an allegation – or any apparent instance of research misconduct – has substance and thus warrants instigation of an investigation. Enquiry: The formal creation and development of a factual record around an allegation or incident of research misconduct, followed by the examination of that record. The examination of such a record leads to a finding that research misconduct has or has not taken place – or to other appropriate remedies, including administrative actions. Research misconduct: Research misconduct consists of any unethical action in respect of research and research subjects. It may include, but is not limited to - fabrication1 or falsification2 of data as well as plagiarism3 in proposing, performing, or reviewing research or in reporting research results. A finding of research misconduct requires proof that:

Accepted practices of the relevant community have been departed from in a significant manner;

That the research misconduct be committed intentionally, knowingly, or recklessly; and



That the allegation be proven by a preponderance of evidence. The definition of research misconduct does not include honest errors or honest differences in interpretations or individual judgments of data.
Respondent: The person against whom an allegation of research misconduct is leveled at or the person whose actions are the subject of an enquiry or investigation. Any enquiry or investigation may have one or more respondents. Research: Research is understood as original investigation undertaken in order to gain knowledge and understanding. It includes work of direct relevance to the needs of land, industry, and the public and voluntary sectors; scholarship; the invention and generation of ideas, where these lead to new or substantially improved insights; and the use of existing knowledge in experimental development to produce new or substantially improved processes. It also includes the development of teaching materials that may not embody original research. Research Data: This is not easy to define in a comprehensive way it is therefore important for each researcher to consider this in detail in the context of their own

  • project.
  • To give a broad view the Commission uses the following definition:

“Research Data are facts, observations or experiences on which an argument, theory or

1 Fabrication: the making up of data or results and recording or reporting them (Oxford dictionary). 2 Falsification is manipulating research materials, equipment, or processes, or changing or omitting data or results such that the research is not accurately represented in the research record (Oxford dictionary).

3

Plagiarism is the appropriation of another person’s ideas, processes, results, or words without giving appropriate

(Oxford dictionary).

iv test is based. Data may be numerical, descriptive or visual. Data may be raw or analyzed, experimental or observational. Data includes: field notebooks; primary research data (including research data in hardcopy or in computer readable form); questionnaires; audiotapes; videotapes; models; photographs; films; test responses. Provenance information about the data might also be included: the how, when, where it was collected and with what (for example, instrument). The software code used to generate, annotate or analyze the data may also be included”. Researcher: In this context a researcher is a member of staff or researcher based in the Commission who is performing research in the name of the Commission. Research Committee: This refers to the Commission Committee incharge of Research directorates at the National Land Commission, committee members are

Commissioners. The Committee serves as a link between the Commission’s Secretariat

and the Commissioners in fulfilling its oversight responsibilities in respect to research function. Trans-disciplinary research: Defined as research efforts conducted by investigators from different disciplines working jointly to create new conceptual, theoretical, methodological, and translational innovations that integrate and move beyond discipline-specific approaches to address a common problem. Copyright: Written materials, artistic works, directions, computer programs and similar types of informational material that is new and unique. Protection ensures the Innovator’s or commission’s right, established at the point of innovation, to prevent unauthorized copying of an original work of authorship fixed in a tangible medium of expression, as well as the right to prevent some limited types or uses of those works, such as public performances.

Innovation: A new and original form or item of Intellectual Property (IP).

v

CHAPTER ONE: INTRODUCTION 1.1 Preamble

The National Land Framework 2009 recommended National Land Commission (NLC)

to “establish a Land Policy Research Centre (LPRC) in partnership with universities and research institutions to coordinate land Framework research”. NLC was to provide

technical support to the Ministry in-charge of land in preparation and implementation of a national land use Framework and other land related policies.

National Land Commission was established in accordance with Article 67 of the Constitution of Kenya 2010 and installed on 20th February 2013 via Gazette Notice No. 2224 of 2013. It is operationalized through Acts of Parliament that give effect to the article. These includes and not limited to the National Land Commission Act, 2012; the Land Act, 2012; and the Land Registration Act, 2012 and Community Act, 2016. These Acts enable the Commission to carry out its mandate as outlined in the Constitution and in the pieces of legislations. The Mandate of the Commission are as per the Constitution of Kenya 2010 and the enabling legislations.

The National Land Commission is mandated under the Constitution of Kenya 2010

article 67 (2) (d) to “conduct research related to land and the use of natural

  • resources, and
  • make recommendations

to the appropriate authorities”. The

National Land Commission established the Directorate of Research, charged with the responsibility of promoting dialogue on land, interaction, inquiry and participatory research between researchers, communities and policy makers with a view of enhancing the impact of research on land reforms and sustainable development.

Research recommendations and advisories are shared with; government ministries, county governments, autonomous and semi-autonomous government agencies, public sector users, private sector, non-governmental organizations and international development agencies. Research activities and structures are closely aligned with Kenya's national development priorities.

  • 1.2
  • Vision

To be a centre of excellence in provision of evidence based research on land and natural resource matters.

  • 1.3
  • Mission

To conduct research in land and use of natural resources to enable provision of quality policy advice to stakeholders on land administration and management.

1

  • 1.4
  • Research Philosophy

Research provides evidence-based policy options for land-reform, dialogue support and identify new approaches to land management and sustainable use of land and natural resources. The Commission has established several distinct values that define its research philosophy. These include;

a) Multi-Disciplinary research approaches: In order to establish functional policy options, the Commission will investigate land-reform issues through the multiple lenses offered by social sciences, physical science, economics, sociology, legal analysis, humanities and other disciplines. The Commission will work in collaboration with other staff of the commission at the headquarters as well as the county government. b) Collaborative research approaches: The Commision will work in partnership with a wide range of land research centres, academic institutions, and multiple levels of government, civil society, government ministries and other stakeholders. c) Systems-Based: The Commission will work to increase land stewardship while taking into account the complete land system (as defined in the Constitution) that includes land and natural resources. d) Relevant: The Commission will conduct research and policy analysis that will address effective and efficient service delivery of land services to Kenyan citizens and partners e) Credible: The Commission will ensure excellence in science that supports the development of quality, evidence-based policy options. f) Objective: The Commission will provide advice that is independent and considers the diversity of relevant stakeholders. The Commission will focus on encouragement of learning and development. g) Informed: The Commission will work to support more informed land-use decisions by providing information that considers environmental, economic and social objectives as well as their impacts and potential trade-offs on Kenya's land base. h) Clear: The Commission will disseminate research findings and policy options in a concise and understandable format that can be implemented for change by policy makers and land users. i) Innovative: Commission will identify new ideas and adapt existing solutions to address relevant land-use challenges and contribute to shaping effective land policy in Kenya. j) Capacity Building: The Commission will build intellectual capacity to support the development and implementation of innovative land-reform policy in Kenya.

To be successful, it is imperative that the Commission’s work move in an;

2a) Integrated fashion from research to the development of policy options, and then to supporting the implementation and testing of policy options. The research findings and policy options must be communicated in a concise and understandable format that can be implemented by policy makers and land users for change. b) Commission will undertake periodic impact assessments of its funded research, to ensure the relevance of research framework and its reach to targeted audiences. Through its work, the National Land Commission strives to build capacity to support the development and implementation of innovative land-reform and policy options in Kenya.

3

1.5 Scope of the Framework

This Framework applies to all members of the Commission and any other person who is not affiliated to National Land Commission who wishes to conduct research with National Land Commission or in collaboration with members of the Commission.

  • 1.6
  • Purpose of Research Framework

Research plays an important role in helping the Commission to execute its mandate. The outputs of the research will enable the Commission propose relevant policies and legislative instruments to address the land question in the country and issues of better land governance for sustainable development. The Framework will facilitate decision making, setting of goals and strategies, and providing a framework for developing consistency, quality management, accountability, and strategic direction for research activities.

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