The Land Act, 2012
The Land Registration Act, 2012
The National Land Commission Act, 2012
The Environment & Land Court Act, 2011
The Urban Areas & Cities Act, 2011
Public land is a resource that should be effectively managed in the public’s best interest in line with provisions of the Constitutions of Kenya and the Land Act. The management framework governing land use and development decisions on public land should ensure protection and sustainable management of the land. Despite these provisions in law, recent media reports point toresurgenceof public land grab. The Land Development and Governance Institute commissioned this research study to establish the status of the public land management in Kenya.
THE COMMUNITY LAND ACT No. 27 of 2016
Date of Assent: 3lst August,2016
Date of Commencement : 2 I st September, 201 6
THE MINING ACT No. 12 of 2016
Date of Assent: 6th May, 2016
Date of Commencement: 27th May, 2016
COUNTY GOVERNMENTS ACT NO. 17 OF 2012
Date of assent: 24th July, 2012.
Date of commencement: See Section 1.
An Act of Parliament to give effect to Chapter Eleven of the Constitution; to provide for county governments' powers, functions and responsibilities to deliver services and for connected purpose
Kenya’s Vision 2030 aims at transforming the country into a newly industrialized middle income country
and infrastructural development is high on the agenda to achieve this. Competing land uses and existing
interests in land make the use of eminent domain by government in acquiring land inevitable. However
most of the land earmarked for compulsory acquisition comprises of un- registered land whose interests
are not formally documented. Kenya has progressive statutes that provide for compensation of land that is
This book exposes the key land use and environmental problems facing Kenya today due to lack of an appropriate national land use policy. The publication details how the air is increasingly being polluted, the water systems are diminishing in quantity and deteriorating in quality. The desertification process threatens the land and its cover. The soils are being eroded leading to siltation of the ocean and lakes. The forests are being depleted with impunity thus destroying the water catchments.
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.
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.
Cities and Urban Areas play a crucial role as engines of development as well as centers of connectivity, creativity, innovation, and as service hubs for the surrounding areas. Kenya has experienced unprecedented urban growth. At independence the urban population was about 8%. This had grown to be about 40% by 2015. It is projected that by year 2030 at least half of the Kenyan population will be urbanized. The rapid rate of urbanization exerts increased pressure on authorities to meet the needs of growing urban populations.
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