Date: avril 2017

Source: IPAR

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.

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.

The need for affirmative action and the mainstreaming of the commons community plus a comprehensive strategy to secure indigenous and community land has become a major global concern of the 21st century. To achieve this will require out of the box reform mechanisms and the participation of the communities concerned, such that the reforms recognize and embrace indigenous systems and structures that offer avenues to secure collective rights, land use and management of commons resources; namely pastures, water and forests among others.

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 This is majorly because in as much as the 2012 statute repealed five out of the seven major land registration laws, they all remain in force under LRA’s transitional clauses.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 application of computer technology in land administration is touted as one way of ensuring efficient and transparent land administration. Although this true, one major concern is not only how to create a computerized land information system that is interoperable across different government departments responsible for different land administration functions, but also how to ensure interoperability between national and devolved levels of government departments responsible for land administration.

The story of urbanization in Kenya should be one of cautious optimism. As an emerging middle-income country with a growing share of its population living in urban areas and a governance shift toward devolution, the country could be on the verge of a major social and economic transformation. How it manages its urbanization and devolution processes will determine whether it can maximize the benefits of its transition to a middle-income country.

Governments have power to compulsorily acquire land or other interest in land for a public purpose subject to prompt payment of the compensation to the affected persons. The process of land acquisition involves several government departments which have different mandates depending with the purpose of the acquisition. In several instances departments involved have been seen to be disjointed hence causing gaps and unfinished work in the whole process.

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.

Conventional notions of the ‘land parcel’ have been extended: previously unrecognized tenures including customary, nomadic, or communal interests are now incorporated into the concept. Technical tools including the Social Tenure Domain Model (STDM) enable these new understandings to be operationalized in land administration systems. The nomadic pastoralists of Kenya’s dry land regions illustrate where these new approaches can be applied.

The cadastral system in Kenya was established in 1903 to cater for land alienation for the white settlers. Since then, a hundred years later, the structure of the system has remained more or less the same despite major changes in surveying technology. The government of Kenya has realized that the current structure is not conducive to economic demands of the 21st century and is interested in re-organizing the structure in line with the current constitutional dispensation and new paradigms in land management.

The Constitution of Kenya 2010 apportions responsibility of planning to both National and County governments. The County Government Act, 2012 obligates county governments to prepare and implement County Integrated Development Plans (CIDP). The CIDPs are, according to the act, five year plans that will form the basis of annual budgetary allocation by the county governments.