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AbstractIn Kenya, the return to the multiparty democracy of the 1990s and the initiation of the Constitutional Review of the early 2000s were two critical junctures that catalysed reform momentum and the development of transnational reform networks. Transnational relations were developed between Kenyan professionals (lawyers and academics among others), their international counterparts, and the local activists representing rural constituencies, so as to influence policymaking during constitutional and land policy reforms. These transnational networks influenced content and shape of land policy narratives by vernacularising the international norms that promote formal recognition of customary land rights. These international norms were not straightforwardly imported into Kenyan policies and statues: intense negotiations amongst actors in policy arenas resulted in their vernacularisation. Kenyan translocal actors appropriated the community land narrative, hybridised and reinterpreted it. This paper documents and analyses how the notion of community land was enshrined in Kenyan policy and constitutional documents through transnational relations. I argue that this notion of community land was shaped to the Kenyan historical and political context, at times defeating the original goal of promoting a property rights model alternative to land privatisation, and at times echoing the colonial category of tribal land, and exclusive territorial control.

Stemming from colonial legacy, independent Kenya failed to recognize customary interests in land as possessing force as statutory derived rights. This lies at the heart of the so-called "land question" in Kenya. Moreover, issues related to land rights are perceived as the root causes of conflicts occurring in the 1990s and 2000s. As a result of a crisis recovery process, the 2010 Constitution has embodied the fundaments of land reforms; it has acknowledged "communities" as legally entitled to hold land. The present paper studies decision-making processes via a socio-anthropological approach showing how it contributes to understanding the issues at stake in the reform of Kenya's land tenure system, and the politics surrounding the design of new legislation around "community land". Through the analysis of interlocking of scales of governance, the paper documents the manner in which local actors participate in, interpret, divert, or exploit policy debates undergoing at the national level.