Illegal and irregular allocations of public land were a common feature of the Moi regime and perhaps it’s most pervasive corrupt practice. The Ndung’u Report as well as various reports of the Public Investment Committee details numerous cases of public land illegal allocated to individuals and companies in total disregard of the law and public interest. Most allocations were made to politically correct individuals without justification and resulted in individuals being unjustly enriched at great cost to the people of Kenya.

In the recent past, high profile cases involving land governance problems have been thrust into the public domain. These include the case involving the grabbing of a playground belonging to Lang’ata Road Primary School in Nairobi and the tussle over a 134 acre piece of land in Karen. Land ownership and use have been a great source of conflict among communities and even families in Kenya, a situation exacerbated by corruption.

In Kenya, insecure land tenure and inequitable access to land, forest and water resources have contributed to conflict and violence, which has in turn exacerbated food insecurity. To address these interlinked problems, a new set of laws and policies on food security and land governance are currently being introduced or designed by the Government of Kenya. The new Food Security Bill explicitly recognizes the link between food security and land access, and the 2012 land laws target the corrupt system of land administration that made much of Kenya’s land grabbing possible.

Globalisation and urbanisation trends in developing countries present both opportunities for growth and development on one hand while contributing to the complex myriad challenges of managing urbanisation on the other hand. Cities and urban areas play a critical in the development of a country. They provide platforms that incorporate intense combination of economic, cultural and political factors of a country or region. Nairobi city is Kenya’s economic capital and is a major economic hub in Africa.

Article 67(2) (e) of the Constitution of Kenya mandates the Commission to initiate investigation on its own initiative or on a complaint into historical land injustices and recommend appropriate redress. To give effect to this Constitutional requirement, section 15 of the National Land Commission Act as amended by Section 38 of the Land Laws amendment Act 2016, provides the legal framework for redressing Historical Land Injustices.

These guidelines provide a basis for engagement between the County Governments as planning authorities responsible for preparing, approving and implementing County Spatial Plans and the National Land Commission as a monitoring and oversight agency over land use planning. The County Government Act 2012 at section 110(1)(a) stipulates that the County Spatial Plans shall give effect to the principles and objects of county planning and development contained in section 102 and 103 of the same Act.

The absence of a clearly defined land use policy in Kenya after years of independence has resulted in a haphazard approach to managing the different land use practices and policy responses. Land use continues to be addressed through many uncoordinated legal and policy frameworks that have done little to unravel the many issues that affect land use management. The Constitution of Kenya 2010, Kenya Vision 2030 and the Sessional Paper No. 3 of 2009 on National Land Policy all call for a clear framework for effectively addressing the challenges related to land use.

The acquisition of land by foreigners in developing countries has emerged as a key mechanism for foreign direct investment (FDI). FDI is defined by the Organization for Economic Cooperation and Development (OECD) as the category of international investment that reflects the objective of a resident entity in one economy to obtain a lasting interest in an enterprise resident in another economy.

This paper describes the development of a Land Information Management System (LIMS) for County Governments in Kenya. In the new Constitution 2010, devolution of some national government functions and formation of county governments was provided for. These invoked the development of new land laws to guide the devolution processes and procedures. According to the County Government Act 2012, all County Governments are supposed to develop digital Geographic Information System (GIS) based spatial plans and these calls for development of LIMS for and efficient breakthrough.

Land Registration and Administration in Kenya is currently operated on a multi-legal platform [UN 2013]. The Land Registration Act No. 3 of 2012 (LRA) was in that regard enacted to consolidate, harmonize and rationalize land registration goals; which are yet to be achieved. This is majorly because in as much as the 2012 statute repealed five out of the seven major land registration laws, they all remain in force under LRA’s transitional clauses. The Government of Kenya is making efforts to avail land registration information online via the e-citizen platform.

The Commission has been in the forefront of promoting good governance and accountability in the land sector. Progress in the land sector has been mixed. Through the effort of the government, support agencies and other stakeholders the Commission was able to devolve its function to the 47 counties through the County Land Management Boards (CLMBs). The CLMBs have in effect devolved land services throughout Kenya. However, achieving land, better land governance, accountability in the land sector and ensuring secure land rights for all Kenyan is still to be achieved.

The Cadastral system in Kenya was established in 1903 to support land alienation for the white settlers who had come into the country in the early part of the 20th Century. In the last hundred years, the system has remained more or less the same, where land records are kept in paper format and majority of operations are carried out on a manual basis. The lack of a modern cadastral system has contributed to problems in land administration in the country.