It incorporates the position of the government on the report of the presidential commission of inquiry into land matters reached by the cabinet on december 22, 1994, the recommendations. The successful completion of the policy will set in motion a series of actions and activities that will have far reaching implications on land relations and land use in this country. Prepared for the united states agency for international development, property rights and. The policy designates all land in kenya as public, community or private. The use of land and natural resources need to be researched on to be useful and thats another role of the national land commission how will role of the national land. The kenya national land policy recognizes the need for security of tenure for all kenyans all socioeconomic groups, women, pastoral communities, informal settlement residents and other marginalized groups. In the implementation of land use policy, it is required to have systematic. National land use policy as a guide for the harmonization of all existing laws relating to land in the country. The draft national land policy attempts to resolve these issues using different strategies and mechanisms. It also recognizes and protects private land rights and provides for derivative rights from all categories of land rights holding.
Other key factors are administrative, institutional and policy instruments, investment, urbanization and land tenure. The national land policy enacted in 2010 through a national referendum provides kenya with the best option to address the longstanding land grievances that have often led to conflicts and violence. In the research on land issues in kenya and in east africa, the aspects of land tenure have played a dominant role whereas the actual planning process of land use and the role of land policy land tenure and laws in the process have been more or less ignored. Kenya experiences disasters that should be managed in order to avoid the. The dnlp mentions codification of customary law as a strategy for recognizing or refurbishing customary land law. Idle land taxation policy new its4land article on uavs and land rights in kenya presented at. This, together with the existence of many land laws, some of which. State banks on national land policy to smooth way for big four agenda kenya s land tenure policy s impact on gender relations, 9783. This is in accordance with kenya national land policy 2009 and c. National land use policy kenya property developers.
This analysis and recommendations stem from usaid kenya s request for an assessment of kenya s draft national land policy dnlp. Land use in kenya the case for a national land use policy. The purpose of this policy is to improve the implementation of the devolved system of government. Assessing the effectiveness of the national land commision. The policy aims at addressing land issues resulting from lawlessness of kenyan land. A critical analysis of the extent to which the national. Ministry of lands kenya property developers association. This is an ambitious project, given the number of ethnic groups and customary laws in kenya, not to mention local variations of rules even within one ethnic group. Through the policy, the government will ensure that all land is put into. Object and purpose of the act the object and purpose of this act is to provide a for the management and administration of land in accordance with the principles of land policy set out in article 60 of the constitution and the national land policy. The policy is anchored in the constitution of kenya 2010, sessional paper of devolved government 2012 and national values and principles of governance.
The constitution of kenya 2010, kenya vision 2030 and the sessional paper. The paper covers how land law in kenya has developed ab intra. The clamour for land reforms in kenya eventually gave rise to the national land policy, provisions on land and environmental management under the constitution of kenya and new land laws namely the land act 2012, land registration act 2012 and national land commission act. The constitution at article 60 identifies the following as key principles. National land use policy is normally laid down with various objectives including land ownership and tenure security, equitable allocation, productivity for investment, sustainable environmental conservation, and enjoyment of natural beauty. The constitution of kenya promulgated in 2010 embedded the core values of the land policy. The reform is based on a national land policy nlp, adopted in 2009 after years of consultation. Ministry of environment and mineral resources, kenya nairobi, kenya pages 74 p. Kenya has launched its first national spatial plan, which will guide the use and management of land and land based resources and help in achieving equity. The government of kenya adopted a national policy on arid and semiarid lands asals in october 2012, concluding a process that took nearly two decades and involved the production of several drafts republic of kenya 2012. Kenya passed its first national land policy since independence in 2009. National wetland policies uganda the republic of uganda national policy for the conservation and management of.
In the case of kenya, the need of integrated coordinated national land use policy. This pdfversion of the thesis differs a little from the official inspected version. The policy will also help individuals and households to reach a better balance between caregiving and productive work responsibilities. This national land policy will guide the country towards efficient, sustainable and. Yet kenya has not had a clearly defined or codified national land policy since independence. Ecde early childhood development and education nep national environmental policy efa education for all ner net enrolment ratio. Kenya launches first national spatial plan to guide land. This national land policy will guide the country towards efficient, sustainable and equitable use of land for prosperity and posterity. This is critical for the achievement of national and international human welfare thresholds such as the guarantees provided. The establishment of the national land commission nlc. Kenya is in the midst of land reform that has direct and farreaching implications for both securing the land rights of kenya s rural population upward of 32. Kenya national land policy kenya national land policy. Pdf land use in kenya the case for a national land use.
In developing this subsector policy it was appreciated that over 80% of kenya s land mass is in the asals, and that livestock is the main activity in these areas. The national land policy and the national land commission characterize efforts to remedy the continued situation bedeviling the african communities. While there is consensus among kenyans that the land. Undertaking research to determine minimum land and maximum land acreage that should be held by an indidual in each county in kenya. Specifically the policy shall offer a framework of policies.
Following the summit, kenya initiated the national environment action plan neap process. The legislations of land in kenya after independence in 1963 created individualized land titles through the subdivision of communal land which has exacerbated uncontrolled land selloffs through the willingsellerwillingbuyer policy and corruption by government land officials and group ranch committees. The following are the main characteristics of freehold titles which gave the govemment little control over such land i a freehold entails the exclusive possession of land rights in perpetuity. What are the guiding principles for kenya s land policy today. In kenya, the land problem is one of the main issues that citizens have. Kenfap kenya national federation of agricultural producers. The sessional paper is now ready and this marks a critical milestone in the national land policy formulation process. Ministry of lands and physical planning kenya molpp mission to facilitate efficient land administration and management, acess to adequate and affordable housing, social and physical infrastructure for national development. Focus on land kenyas national land policy and land. Kenya has not had a single and clearly defined national land policy since independence. How will role of the national land commission affect every. Kenya institute of planners kip institute of surveyors of kenya isk regional centre for mapping resources development rcmrd.
Kenya national land policy fortune of africa kenya. Kenya land policy analysis united states agency for. The issues needed addressing and the national land policy was birthed, intricately identifying and detailing the issues marring the then land regime and recommending curative measures. The overall objective of the national land policy is to secure rights over land and provide for sustainable growth, investment and the reduction of poverty in line with the governments overall development objectives. Land commission had been touted as the body that will guide kenya s land reforms that will.
Most significantly, it recognizes and protects customary rights to land. The policy has a bifocal emphasis on ownership of land and land use, stipulates incentives for sustainable and productive use, as well as other measures to achieve land management and land. Kenya is in the midst of land reform that has farreaching implications for securing the land rights of rural people upward of 32 million in 2011, and promoting political stability and economic development. The new institutional framework for land administration and management aims to transform the ministry of lands by improving the capacity of its staff so as to have committed and sensitive personnel to the needs of kenyans, as well as having a strong sense of purpose and contribution to land reform. National land policy in kenya the process of formulating a national land policy nlp in kenya is already in progress. The policy is cognizant of numerous factors that affect land use in kenya which include geographic and ecological features, population distribution, social, historical, cultural and economic factors. The successful completion of the policy will set in motion a series of actions and activities that will have far reaching implications on land relations and land. Wetland resources in uganda have traditionally been utilized by the people.
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