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 Preamble ...... 1 1.2 Vision ...... 1 1.3 Mission...... 1 1.4 Research Philosophy ...... 2 1.5 Scope of the Framework ...... 4 1.6 Purpose of Research Framework ...... 4 1.7 Objectives of the Research Framework ...... 4 1.8 Organogram of the Commission ...... 6 CHAPTER TWO: THEMATIC AREAS FOR RESEARCH...... 7 2.1 Lan Governance, Land Use and Land Management ...... 7 2.2 Land Rights and Security of Tenure ...... 8 2.3 Emerging Global and Strategic Land Issues ...... 8 2.4 Historical Land Injustices and Legal Research ...... 8 2.5 Sustainable Conservation of Land Based Natural Resources ...... 9 CHAPTER THREE: RESEARCH APPROACH ...... 10 3.1 Research by Commission staff ...... 10 3.2 Partnerships ...... 10 3.3 Tapping into National Research Fund (NRF) ...... 10 3.4 Collaboration with Universities ...... 11 3.5 Memorandum of Understanding (MOU) ...... 11 3.6 Trans-disciplinary research approach ...... 11 3.7 Research Consultancy ...... 12 3.8 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 4.2 Access of research funds ...... 15

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4.3 Administration of Research Grant...... 15 4.4 Research Committee ...... 16 4.5 Non- National Land Commission research appointments ...... 16 4.6 Research review processes ...... 17 4.7 Termination of a Research Project ...... 17 4.8 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 5.4 Copyright ...... 20 CHAPTER SIX: Monitoring and Evaluation ...... 20 6.1 Research monitoring and evaluation ...... 20 6.2 Review of NLC Research Framework ...... 20 REFERENCES ...... 20

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ABBREVIATIONS AND ACRONYMS CEO Chief Executive Officer

PA Partnership Agreement

MOU Memorandum of Understanding

MOA Memorandum of Agreement

M&E Monitoring and Evaluation

NRF National Research Fund

NLC National Land Commission

LPRC Land Framework Research Centre

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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 fact- finding 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).

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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).

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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.

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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;

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a) 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.

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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.

The Framework guides the development and implementation of research at the National Land Commission. This framework provides guidelines within which Commission staff undertake research, collaborative research is carried out, funding mechanisms, and policy recommendations. It also clarifies how NLC can coordinate research on land and use of natural resources by other institutions where memorandum of agreement has been entered into. This Framework also sets out expectations, support and processes that are aimed at ensuring that research data from National Land Commission is managed.

1.7 Objectives of the Research Framework The overall objective of the NLC research Framework is to provide the guiding principles regarding the development, management, and support in all the research endeavors by the Commission. Specifically, the Research Framework will: a) Promote and facilitate research and knowledge production on land and use of natural resources using a holistic, multi-disciplinary approach; b) Promote policy making on land reforms, land governance and matters relating to land and use of natural resources within the land sector in the country; c) Promote the publication and dissemination of the results of research undertaken by researchers at the Commission d) Encourage and empower staff to manage, conduct, disseminate and report research results; e) Establish procedures to manage and use research resources effectively, efficiently and fairly; and f) Strengthen the institutional research capacity of the Commission research staff through cooperation and collaboration with research organizations and other

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relevant institutions, and by nurturing networks for research linkages and collaborations.

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1.8 Organogram of the Commission The Commission has standing Committees that were set up with clear terms of reference to facilitate efficient, effective, and transparent land reform as per the requirement of the Constitution. Members of the committees are the Commissioners. Research is in the Land Environment and Research committee.

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CHAPTER TWO: THEMATIC AREAS FOR RESEARCH

The Commission has mapped out priority research thematic areas from stakeholders and complied them into two publications; a) Research Compendium of Land Matters in Kenya (2017) and b) Situational analysis focusing on research areas per county (2016.) This chapter summarizes broad research thematic areas to guide research in land and use of natural resources.

2.1 Lan Governance, Land Use and Land Management Research to address policies, processes and institutions by which land, property and other natural resources are managed to facilitate sustainable land development. Physical and land use planning is fundamental in allocation and reallocation of land resources for development and sustainable development purposes. Land use theme will cover and not limited to issues on land use/cover, land policy, land use planning and sustainable development. Kenya’s national land policy4 indicates that public land is all land that is not private land or community land and any other land declared to be public land by an Act of Parliament. The Constitution5 subsequently charged the National Land Commission with the duty of managing public land on behalf of the national and county governments. To effectively implement this mandate, the Commission requires an accurate inventory of public land in the country as well as guidelines for public land management. Some of the specific research areas are;

a) Protection of public land b) Land management in the new Constitutional dispensation (COK 2010) c) How has public land been managed since independence? d) Optimization of public land e) Land inventory and systems to support land management. f) Use and Management of Natural Resources g) Land Uses in relation to the different communities h) Rural versus Urban ecology and land i) Informal Settlements j) Human Wildlife Conflict k) Land Use status. l) National Land Information Management System

4 Republic of Kenya (2009), Sessional Paper No 3 of 2009 on the National Land Policy, Government Printer, Nairobi, 2009 5 Republic of Kenya, Constitution of Kenya, Government Printer, 2010 7

m) Valuation and Taxation- Land Markets in Kenya

2.2 Land Rights and Security of Tenure This will address and not limited to the Continuum of Land rights, customary land tenure, land records, tenure security and monitoring land rights.

Examples of specific research areas are:

a) Secure land rights for all b) Gender and land rights c) Settlement Schemes and Securing Land Rights d) Sustainable land management and development e) Monitoring Land registration in Kenya f) Religion and Land g) Social and Economic dimensions in use of Land in Kenya

2.3 Emerging Global and Strategic Land Issues Emerging and strategic land issues on emerging land management practices some of which are; community based natural resources conservation, traditional and diversified land use management, use of land to improve livelihoods and effects of climate change among others.

n) Climate Change in relation to land o) Emerging technologies in Land management p) Natural disasters in relation to land q) Case studies from other countries and jurisdictions in relation to land management

2.4 Historical Land Injustices and Legal Research Since time immemorial land in Kenya is one of the most important assets held dear by a majority Kenyans. Land was at the core of resistance to British rule in the struggle for independence and today, it remains the principal source of livelihood and material wealth and invariably carries cultural significance for many Kenyans. It provides the physical substratum for social and economic life. Our history with regard to the land question is not only evidenced by weak land administration processes but also disparities in land ownership and conflict. It is against this historical context that land reform was acknowledged as a vital component of Kenya’s National Dialogue and 8

Reconciliation (KNDR) process and the Land Reform Agenda as envisaged both in the CoK2010 and supportive legislations. Some broad research themes will be:

a) Past and present historical injustices b) Resolution of Historical Land Injustices in Kenya c) Legal framework in HLI d) ADR mechanisms in light of Judicial processes e) Land Inheritance & Succession

2.5 Sustainable Conservation of Land Based Natural Resources Making rules and regulations for the sustainable conservation of land based natural resources. Some broad research themes will be: a) Methods and measures of protecting critical ecosystems and habitats. b) Engaging communities in the natural resources conservation c) Sustainable use of the natural resources. d) Best management ways of the natural resources.

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CHAPTER THREE: RESEARCH APPROACH

The research Mandate of the Commission is very wide requiring the input of various professional disciplines ranging from Lawyers, land administrators, surveyors, anthropologists, surveyors, historians and land managers to mention a few. In this regard, a wide set of professionals will be needed to achieve the objectives of the research mandate. It will be difficult for the Commission to retain all the necessary researchers within its establishment and therefore the Commission will collaborate with researchers in other public and private institutions. Two key significant collaborators are the Kenya's National Research Fund and the Universities for the purposes of funding and carrying out the research respectively.

3.1 Research by Commission staff The Commission will use its staff to conduct research, this will be staff at the headquarters as well as staff at the county who will be coordinated by the research department. The researchers are encouraged to come up with joint research proposals and multi-disciplinary to support research on land and use of natural resources. 3.2 Partnerships The Commission would like to foster cooperation and collaboration with entities such as other Universities, research institutes and private sector partners. One way of doing this is to make unique Commission research expertise and facilities available for research purposes of those other entities. Such efforts must not compromise research priorities of the Commission who have developed and who maintain these facilities. The Commission should also consider using expertise and resources of a partner’s institution as the two may agree. Such partnership agreement (PA) should consider the following criteria: a) The resource, that is the combination of instrumentation and expertise, is unique in the area in the case of PA with local entities, or is not easily available in the case of such agreements with entities that are not local. b) The work to be performed should be guided by the Commission. c) The PA must not interfere with each of the partnering institution's activities. d) The activities performed under the PA comply with the terms of the NLC policies.

3.3 Tapping into National Research Fund (NRF) NRF is a statutory body established by Science, Technology and Innovation Act No. 28 of 2013. The institution is domiciled under the Ministry of Education, State Department

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for University Education and Research. The Fund is mandated to facilitate research for the advancement of Science, Technology and Innovation in the Kenya. It slogan is stated as Funding Research for sustainable Development. The Mission of NRF is "To mobilize resources for research, capacity development, dissemination of findings and maintenance of inventory for advancement of Science Technology and Innovation for Sustainable National Development". The Kenya Government has committed to support NRF through budget subvention and the Fund puts out calls for scientists in Universities and research institutes to compete. NRF is keen in collaborative and multi- disciplinary approaches. The most recent call was in April/May 2020 in three thematic areas; (1) Collaborative research on coronavirus disease (covid-19), (2) Collaborative interventions to control desert locusts invasion in Kenya, (3) Collaborative research on cancer in Kenya. The National Land Commission will closely collaborate with NRF, Universities, and other relevant organizations to jointly carry out research related to land and use of natural resources. The Commission will seek to have calls with the broad theme of land and natural resources research area be advertised. The Commission will also seek to document a broad framework of collaboration with the respective institutions/organizations. 3.4 Collaboration with Universities NLC will work closely with the Universities especially with the Faculties responsible for Land Economics, Agriculture, Law, Natural resources and Environment. Students undertaking their post-graduate research programs could develop research proposals in the area of land or natural resources. In cases where the Commission has expertise and capacity, some of the students could be jointly supervised.

3.5 Memorandum of Understanding (MOU) The National Land Commission shall sign a Memorandum of Understanding (MOU) / Memorandum of Agreement (MOA) / Letters of Contract with individual partnering organizations, whether public or private, which are involved in certain research projects. The MOU to be signed must spell out the specific roles of each stakeholder as well as the sharing of patents/copyrights and procedures of their identification. The Commission in collaboration with relevant stakeholders will identify, nurture, recognize and protect intellectual property rights of each institution where innovation is nurtured at the Commission.

3.6 Trans-disciplinary research approach Many stakeholder processes are aimed at enriching research and bringing in unique strengths that will contribute positively to the research thus contracting external

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research teams with an experienced team leader often will be the best way forward. The driver for trans- disciplinary stakeholder research is thus the need to generate evidence that is agreed by all parties, so that debates can move forward and coherent recommendations can be made to policy makers.

The Commission will encourage multi-disciplinary, interdisciplinary and trans- disciplinary research on various themes where specific professional skills are required.

3.7 Research Consultancy Consultancy is work of a professional nature, undertaken by professionals in their field of expertise, for clients outside the commission, for which some financial return is provided. Consultancy tends to be governed by short- term contracts, makes minimal use of Commission resources and involves extra work for existing staff rather than the employment of new staff. Consultancies falling under the ambit of the Commission research will be land related. Consultancy will produce some form of contracted output which shall be wholly owned by the Commission. The Commission will have freedom of publication over the results of consultancy.

Terms of Reference for research teams should include the following information: a) overall purpose of the multi-stakeholder project b) objectives for the research c) specific information regarding the focus, scope and design requirements for the research d) person specifications for the research team including the specific skills, experience and attitudes needed e) what is expected from the researchers f) a note on the flexibility required to work with a multi-stakeholder group g) the terms of the contract – including timetables, duration and remuneration, etc… 3.8 Development of Policy recommendations and advisories The Commission will coordinate the development of policy recommendations and advisories after research has been done. This will be tailored according to the research recommendations and the respective policies

3.9 Terms of Research Contract Consultant should sign detailed, short-term contracts outlining exactly what is expected of them. While the anticipated number of working days may be the basis of the contract, as is good practice for all research and writing contracts, researchers should be contracted against deliverables not against days worked. At the same time, research

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contracts should include the costs of a series of presentations and re-drafting exercises, in line with the iterative nature of the process. Contracts should include: a) clarity regarding the identity and role of the research team leader, and the specific responsibilities of this person in relation to ensuring contractual obligations are met b) deadlines for all stages of the work, including the dates when feedback should be given to the working group, as well as how this feedback should be given penalties for not meeting deadlines c) clauses outlining the ownership of information, i.e. that all information generated is the property of the working group and can only be used with their specific permission d) confidentiality clauses that ensure all discussions, presentations, written materials recorded or collected by the research team, plus any communications with the working group remain confidential to the project e) a note stating that the first line of communication should always be with the coordinator or the entire working group. Depending on the knowledge within the research team, it may be useful to include time for the researcher to interview members of the working group so that they can benefit from the member’s special expertise on specific themes or issues included in the research terms of reference. Researchers may be needed at a number of ad hoc events, for example analysis workshops, meetings of larger numbers of stakeholders or briefings with other researchers. This should be built into budgets and their contractual obligations.

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CHAPTER FOUR: RESEARCH MANAGEMENT AND COORDINATION

The Commission shall optimize conditions for the application of scientific research evidence, including facilitating evidence-based policy making, knowledge sharing and technology transfer to targeted stakeholder, users and audiences. The Commission shall; a) Support researchers in framing their research problem and aligning it with evidence base b) Strengthen the capacity of researchers to engage in demand driven research that responds to, and supports the need of the public and the private sector in their daily work c) Build the capacity of researchers in collaborating with the public and the private sector to generate essential information and to encourage active sharing, and identify pressing priorities d) Support researchers in creating targeted messaging (e.g. policy briefs, press releases) emphasizing the role of research evidence in contributing to better programmes and improved interventions e) Turn research findings into compelling stories that have the likelihood of influencing decision-making f) Support researchers to pursue personal contacts with practitioners and built trust from personal relationships, thus connecting research and practice.

4.1 Research Funding a) Internal Funding Research will have its budget line to facilitate the research activities. The research money will be coordinated by the CEO to facilitate internal staff who want to undertake research. Research Account The Commission will have a dedicated research account which will hold all funds for research. Funds in this account will be managed as any other account of the Commission. Staff will be required to develop proposals and submit through directorate of research for consideration by the Research Committee. External Funding Staff of the Commission are encouraged to develop either singly, jointly and multi disciplinary proposals in the land sector and submit to any donor in response to a call for proposals or solicited. Research funding will be sourced from Commission approved funding sources in line with agreed policies and standards such as development partners. These activities may include writing of proposals, organizing workshops, facilitating staff participation in workshops and conferences and fieldwork.

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Research funds in the Commission will be held in the Research Account or as may be provided for by the Funding agency.

4.2 Access of research funds All research funds will be reflected in the Research Account and the money will be used for research purposes only. Research committee will ensure facilitation of researchers to ensure that research work is done seamlessly without delays is key in ensuring effective and efficient delivery of research outputs. The funds will be release to the researcher according to the agreed contract between the researcher and the Commission. The research funds from government exchequer and donors/development partners/grants will be administered as per laid down Finance commission procedures. When the Research Directorate request for fund shall; a) Comprise of; application form, a detailed budget in line with the approved budget and work plan. b) Researchers may have more than one imprest at the same time provided the funds have been accounted for and/or relevant progress report has been submitted and approved by the Research Commitee. c) Failure to account for disbursed research funds and provide a satisfactory progress report shall result in termination of the award and surcharge. d) All unspent research funds shall be refunded to the project account. 4.3 Administration of Research Grant a) For all the internal grants, the CEO or her/his representative shall on behalf of the Commission sign a contract with principal investigators for the purposes of accountability and management of the funds following approval by the Commission. b) For an externally funded project, the Principal Investigator (where applicable) shall sign a contract with the donor and CEO or his/her representative on behalf of the Commission. Copies of the contract will thereafter be kept in the office the Director Research for the purposes of monitoring of funds and project activities. c) Upon signing of a contract in respect of an externally funded project, and funds are remitted to the Commission, the funds will be disbursed as follows:

Item Percentages

1 Research 95%

2 Overhead costs 5%

This will not apply to projects funded by the NLC.

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d) For all internal grants the Research directorate shall recommend award of a grant to staff to the Commission. The Research directorate will develop criteria for reviewing of proposals. In circumstances where the expertise for review is not found within the Commission, then expertise to review will be sourced externally. e) The Principal Investigator shall submit three copies of technical and financial reports certified as true by the Principal Investigator to the Research directorate every quarter.

4.4 Research Committee

This will be the commission committee in charge of research. The functions shall be, a) Encourage, monitor and evaluate research activities b) Establish discipline which are specific to research and ensure adherence to them c) Provide information and direction to the staff seeking external funding d) Assist researchers in responding to research calls for grants, drawing up consultancy contracts, development of viable research project proposals and general capacity building e) Approve funds under internal research grants f) Establish the misconduct in research and determine applicable penalty g) Advice management on policy implementations and periodic review h) Identify priority research items

4.5 Non- National Land Commission research appointments The positions below are seen as ‘Guests of NLC but attached to the Commission-’. A guest is usually a distinguished individual of considerable professional attainment to whom the Commission extends the prerogative of observing or participating informally in certain phases of its activities. Guest appointments range from one month to one year. The guest receives no salary from NLC and does not participate in employee benefits programs. Recommendations for the appointment of guests are initiated by Research Director through the application process, forwarding the request to the CEO for approval. The following are the positions: i. Internships/ attachment ii. Academic / Research staff iii. Post-doctoral Scholars iv. Post-graduate students v. Retention of Consultants vi. Visiting Scholars

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4.6 Research review processes It is good practice for research teams to be asked to make interim presentations of the data collected. This is so the working group can deal in a timely fashion with any preliminary problems with data analysis or amendments to the direction of the research or clarifications regarding the key areas to be emphasized. Where case studies happen in sequence, working groups should give special attention to crosscutting themes and issues emerging from pilot studies and explore these further in case studies that follow. In addition to providing written reports, it is helpful for researchers to give presentations of their findings to the multi-stakeholder working group because this allows direct questioning and discussion to take place with those closest to the material. 4.7 Termination of a Research Project A research project shall be terminated under the following circumstances a) If the project is in capable of meeting its objectives and is being implemented unsatisfactorily. b) If the research investigator violates the principles and requirements in the NRC research Framework and Research Committee finds the investigator is guilty. c) If there is serious disagreement between the research investigator and research team carrying out the research. d) If the funds allocated are not sufficient to complete the project. e) If it is established that a similar project is being undertaken by a Commission research partner or consultant 4.8 Research Integrity The Commission will provide information in respect of research integrity and research misconduct, the functions of the Research director, as well as regarding protocol for and implications of bringing incidents of research misconduct to the attention of the Research Committee. a) The Commission requires employees, subcontractors and associates to report any incident of suspected research misconduct. In any instance where a Commission employee, subcontractor or associate come to know of a suspected or apparent incident of research-related misconduct, he or she is required to make the matter known to the Commission either directly or through the channels made available for this purpose from time to time. Members of the public are also able to report such suspected or apparent incidents to the National Land Commission. b) The CEO of the Commission is responsible for the receipt and subsequent referral of allegations or complaints regarding suspected misconduct. When an allegation of research misconduct is received, the CEO, in consultation with; Chairperson of the Research Committee will as soon as possible assess the matter and determine whether the matter fulfils the definition of research misconduct. c) All matters deemed to be potential cases of research misconduct will be referred for further action to the appropriate National Land Commission officials in 17

accordance with existing disciplinary policies and contractual agreements. Records of such referrals and subsequent decisions will be kept by the CEO. d) National Land Commission will protect those who report incidents of research misconduct. The Commission is committed to protecting the privacy and safety of those who make an allegation of research misconduct in good faith. e) The National Land Commission will protect those against whom allegations of research misconduct are leveled. Commission will conduct its enquiries and investigations in such a way as to ensure the fairest possible treatment to the respondent or respondents. It will also preserve confidentiality to the greatest extent possible without compromising the thoroughness of the enquiry or investigation. f) Charges of research misconduct are heavy. Where – before or after initiation of procedures in terms of this Framework – the relationship of a respondent with the National Land Commission ends, be it due to resignation, termination of employment or otherwise, research misconduct enquiries will continue at the discretion of the Research g) The National Land Commission will maintain records and report on cases of research misconduct. The Commission will ensure that all records are kept and outcomes of investigations are reported to interested parties, and will submit reports to the Research committee as well as any other relevant authorities as required. 4.9 Capacity Building There will be a dedicated training fund that will enable strengthening of staff capacity to undertake research. Staff will be trained on how to write funding proposals and research activities in the Commission.

The Commission endeavor to build research capacity through holding workshops and seminars to train researchers on preparations of research proposals, project management, publishing, presentation of research findings and maintenance of records. All donor funded research projects shall incorporate training component. Selection of trainees who may be members of staff or students, to benefit from donor funded projects shall be open and transparent. The trainee role shall be specified in the project document.

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CHAPTER FIVE: DISSEMINATION OF RESEARCH FINDINGS

5.1 Dissemination of research findings Research data are a valuable resource, usually requiring much time and money to be produced. Data have a significant value beyond usage for the original research. Sharing research data: a) Encourages scientific enquiry and debate; b) Promotes innovation and potential new data uses; c) Leads to new collaborations between data users and data creators; d) Maximizes transparency and accountability; e) Enables scrutiny of research findings; f) Encourages the improvement and validation of research methods; g) Reduces the cost of duplicating data collection; h) Increases the impact and visibility of research; i) Promotes the research that created the data and its outcomes; j) Can provide a direct credit to the researcher as a research output in its own right; k) Provides important resources for education and training

The ease, with which digital data can be stored, disseminated and made easily accessible online to users means that many institutions are keen to share research data to increase the impact and visibility of their research.

Research findings and recommendations will be disseminated through internal Commission publications, appropriate National and International Journals, briefs presented in seminars/workshops, seminal presentations in National and International conferences and any other avenue approved by the Commission. 5.2 Policy recommendations For all completed research (original and literature reviews); Framework briefs, recommendations and advisories resulting from Commission research will be made to relevant stakeholders as envisaged in the Constitution and the Law.

5.3 Knowledge Management and Resource Centre Management, access and retrieval of research data is an essential part of good research practice and all researchers in the National Land Commission have an obligation to record, store and archive their data appropriately. This brings with it the assurance that data supporting publications are available for analysis and will enable access by other researchers who could use the data, thus maximizing the effectiveness of research funding. The precise requirements of this and the procedures that should be used is a very complex issue when considering the wide range of information generated in research on land matters. Thus the primary responsibility for research data 19

management lies with research directorate staff, and it is these staff that need to consider each individual project, whether it is appropriate to archive data and exactly what data should be stored.

Consequently, all data, reports and related documents will be stored in the NLC resource Centre. This information will include all research material generated by the Commission or received from other research institutions. This Centre will be managed on behalf of the Commission by the Research Directorate. The Resource Centre will be equipped with the appropriate technology and manned by appropriately qualified experts.

5.4 Copyright All rights on published material from Commission research should be reserved to the Commission.

All participating researchers, including postdocs, students, and visiting scholars, must sign NLC Patent and Copyright Agreement (appendix 1) before the commencement of any research activities.

CHAPTER SIX: MONITORING AND EVALUATION

6.1 Research monitoring and evaluation a) All approved research projects of National Land Commission shall have monitoring and evaluation(M&E) component. b) The Commission through the Research Committee shall ensure that M&E is carried out for approved research projects. c) For all research projects the Research Director shall submit quarterly technical and financial progress reports to the Chief Executive Officer of the Commission d) For donor funded research, the Research Director shall submit the progress reports to the donors through the CEO of the National Land Commission. e) The Research Committee shall arrange supervisory visits to review and confirm projects implementation on ground. 6.2 Review of NLC Research Framework This Framework will be reviewed every 3 years or at any other time as the need may arise.

REFERENCES

National Land Commission (2017). Research Compendium of Land Matters in Kenya (2017)

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National Land Commission (2016). Situational analysis focusing on research areas per county.

Republic of Kenya. (2010). Constitution of Kenya, 2010 Republic of Kenya. (2012). National Land Commission Act, 2012. Republic of Kenya. (2012). Land Act, 2012. Republic of Kenya. (2012). Land Registration Act, 2012. Kenyatta University, Research and Innovation Policy 2017- 2021. Egerton University. (2014). University Research Policy

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