Conflict between Indigenous land claims and registered title: case studies from Canada and Kenya

Two case narratives illustrate the difficulties in resolving historical land restitution in different contexts. Cases from Canada and Kenya illustrate how different land conflicts between Indigenous land rights and registered title may be addressed. In Canada, Williams Lake involved an Indigenous community with a long settlement history in the region with a claim going back to early European settlement. In Kenya, Waitiki Farm involved a post-colonial population established by local Indigenous and migrant groups. The Williams Lake decision resulted in a First Nations land claim being settled in the form of monetary compensation in a dedicated tribunal. The Waitiki Farm decision led to a negotiated settlement in which the owner was compensated financially, and the current residents who had occupied the land were awarded long-term leases. The two cases are illustrative of historical land restitution and identify enabling conditions for the effective functioning of land restitution mechanisms in different contexts.