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3 - The Contradictory Potential of Institutions: The Rise and Decline of Land Documentation in Kenya

Published online by Cambridge University Press:  05 June 2012

James Mahoney
Affiliation:
Northwestern University, Illinois
Kathleen Thelen
Affiliation:
Massachusetts Institute of Technology
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Summary

I wanted a [land] document because it is like a marriage certificate for a woman. It gives you [the husband] confidence that no one will ever bother you.

An old farmer in Taita Taveta, Kenya, in a 2005 interview with author

[Land titles] are mere pieces of paper.

William ole Ntimama, minister of local government, Kenya, “The Indigenous and the Natives,” Weekly Review (Nairobi), July 9, 1993.

Introduction

The gradual decline of institutions that secure property rights presents us with an interesting puzzle. These institutions have a number of features that should display positive-feedback effects and ensure their continued strength. Land documentation systems, which constitute key components of these institutions, can aid informed and well-connected members of society in acquiring swathes of land, giving these actors an incentive to perpetuate such documentation systems (Scott 1998, 48). Further, because titles and other forms of land documents and records can help them hold onto their property, we can expect landowners to invest in ensuring the efficacious operation of these systems. Beyond helping resolve issues of ownership, record systems create incentives for their perpetuation by facilitating the productive use of land and the transformation of land rights into capital (de Soto 2000). People involved in these modes of using land thus have an interest in upholding effective record systems. Also, by rendering such exploitation of land more profitable, these institutional arrangements draw new actors to these land uses and so increase the pool of those dedicated to institutional stability.

Type
Chapter
Information
Explaining Institutional Change
Ambiguity, Agency, and Power
, pp. 63 - 93
Publisher: Cambridge University Press
Print publication year: 2009

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