Land is identified as one of the core sources of conflict and population displacement in Kenya. The problem is rooted in land policies of continuity adopted by the government at independence, which failed to redress historical land injustices suffered by some African ethnic communities. The emerging Kenyan transitional justice process is a result of the political power-sharing agreement on national accord and reconciliation reached in early 2008 between the main political parties. Its objective is to implement a coherent and far-reaching political and economic reform agenda to address the fundamental root causes of the recurrent conflicts. Among the measures proposed are the establishment of a Truth, Reconciliation and Justice Commission (TJRC) and a National Land Reform Policy, with reparation and restitution as key components. This article analyses the situation of victims of displacement, the transitional justice process and the challenges it faces. It identifies the lack of mechanisms for restitution in both the TJRC and the Land Reform Policy as an obstacle to restitution. Furthermore, as the restitution process moves from the design to implementation stage, other external factors constrain its success.

Keywords: Transitional Justice, Restitution, Land Reform, Land Conflicts, Truth Commission, Historical Injustices, Economic and Social rights.