MINISTRY OF LANDS
NATIONAL LAND USE POLICY
DRAFT CONCEPT PAPER
March 2010
,ACRONYMS
E. I. A / Environmental Impact AssessmentI.G.AD / Intergovernmental authority on Development
COMESA / Common Market for East and Southern Africa
G.D.P / Gross Domestic Product
A.S.A.L / Arid and Semi Arid Lands
NLUP / National Land Use Policy
LUMIS / Land Use Management Information System
KARI / Kenya Agricultural Research Institute
KENFAP / Kenya Federation of Agricultural Producers
A.D.C / Agricultural Development Corporation
U.D.D / Urban Development Department
I.S.K / Institutional Survey of Kenya
A.A.K / Architectural Association of Kenya
K.I.P / Kenya Institute of Planners
CREEL / Centre for environmental Legal Research and Education
I.C.S / Interim Committee Secretariat
K.F.S / Kenya Forest Services
IDPs / Internally Displaced Persons
TOR / Terms of Reference
LMTWG / Land Management Technical Working Group
LRTU / Land Reform Transformation Unit
P.S / Permanent Secretary
Pack (K)
Table of Contents
ACRONYMS
1.0 INTRODUCTION
1.1Land Use in Kenya
1.2Problem statement and challenges
1.3Why a Land Use Policy
1.4Objectives
1.5Outputs.……………………………………………………………………………………………………………………...
2.0LAND USE POLICY ISSUES
2.1 Policy elements
2.1Guiding Principles
2.3Land use concerns
3.0LAND USE POLICY THEMES
3.1Agricultural Development, Production and Marketing
3.2 Industrial and Commercial Development
3.3Infrastructure
3.4Human Settlements and urban Development.
3.5Environment and Natural Resources
3.6National Heritage, Culture and Conservation
3.7Land Use Management Information system, Legal and Institutional framework.
4.0METHODOLOGY
4.1Scope
4.2Guiding Values
4.3Thematic groups operations
5.0THEMATIC GROUPS
5.1Agricultural Development, Production and Marketing
5.2 Industrial and Commercial Development
5.3Infrastructure
5.4Human Settlement and Urban Development
5.5Environment and Natural Resources
5.6National Heritage, Culture and Conservation.
5.7Land Use Information Management System, Legal and Institutional Framework
6.0 WORKING STRUCTURE......
7.0IMPLEMENTATION PLAN...... 34
8.0ACTIVITY SCHEDULE...... 37
1.0 INTRODUCTION
Land plays a significant role in society. Land has been the locus of productive activities and source of political power in any given society. Nations are land based units whose boundaries reflect social, cultural and political identity. The importance of land utilization in the economic and social activities of a society makes it imperative that a comprehensive land use policy be adopted to effectively manage this valuable resource.
This concept paper provides a road map for preparing a National Land Use Policy for the Republic of Kenya. The need for a National Land Use Policy cannot be over emphasized. Two important Government policy documents recognize and emphasize the importance of a National Land Use Policy in guiding the management and use of land in the country. These are the National Land policy, Sessional Paper No. 3 of 2009 and the Kenya Vision 2030.
The paper identifies salient issues to be addressed; suggests a conceptual framework to inform the process; presents thematic policy concerns; gives a methodology and suggests a work plan to actualize the process.
The process will be multi-sectoral, multi-disciplinary and consultative in approach. The Ministry of lands will be the lead public agency to provide coordination and guidance to all the actors to ensure successful delivery of the policy document.
1.1 Land Use in Kenya
The Republic of Kenya has a total land average of 58,264,600 comprising 98.11% land and 1.89% watersurface (see table 1). Only 20% of the land surface can support rain-fed agriculture (medium to high potential). About 75% of the population lives in these areas with population densities as high as 2000 per sq.km in some parts. Land holdings are small and continue to be subdivided into uneconomic sizes. The sub-division into small units encourages overuse and degradation leading to low agricultural productivity. In addition the subdivision into small units has led to decline in investment in land since it is difficult for small holdings to attract adequate financial resources. There are a few large farms which are not being optimally utilized often causing discontent among those with very little or no land.
The remaining land is arid and semi-arid and devoted to pastoralism and wildlife. Competition for the scarce resources in these areas often results in conflicts among communities and betweenanimals. These frequent conflicts have affected utilization of land for food production in these areas contributing to the spectre of widespread hunger and food insecurity.
Currently land in Kenya is categorized as government, trust and private. Of the total land area of 582,646 sq. km, 77,792 sq. km (or 13.34%) is under government ownership, 107,953 sq. km (or 18.5%) is under private ownership and 396,315 sq km (68%) is under communal ownership. The proportions of government and community lands are expected to reduce as more land gets alienated to individuals or institutions under leasehold terms and more land getting registered through setting apart or land adjudication and registration procedures. The proportion of private lands will continue to increase as more community land gets registered and more government land gets alienated.
Table 1: Land Composition in Kenya
Area in sq.km.%%- Surface area
National parks 40,907 6.90
Forest and game reserves 18,662 3.15
Urban land 4,643 0.78
Sub-total land surface581,679 98.11
Water surface 11,230 1.89
Total 592,909 100.00
- Ownership categories
Trust land 396,323 66.84
Private land 108,403 18.28
Total 581,697 100.00
- Land registration statusSourceArea in sq.km
Unalienated landPublic 33,241 5.71
Unregistered landTrust380,48465.41
Parks ad reservesPublic 59,56910.24
Total 581,697 100.00
Source: National Atlas of Kenya 5th Edition (2004)
Efforts towards sound land use planning have been undertaken by the government since independence. Various laws have been passed such as Land Planning Act (Cap 303) and Town Planning Act (Cap 134) since repealed;Land Control Act Cap 302; Agriculture Act (Cap 318), Environment Management and Co-ordination Act (EMCA) of 1999; the Physical Planning Act (Cap 286), etc just to mention a few. All these efforts were meant to ensure that land is utilized and managed properly. However, the multi-sectoral nature of land utilization and the lack of a comprehensive land use policy framework have resulted in confusion due to inconsistent laws on land utilization; continued negative environmental effects on land and unabated conflicts among different sectors due to competing uses.
The adoption of the Sessional Paper No. 3 of 2009 in December 2009 on National Land Policy ushered in a new dispensation in land administration and management. The Sessional Paper recommends the formulation of a National Land Use Policy and provides broad principles and guidelines on land use management issues.
1.2Problem statement and challenges
Problem
The success of any land policy is determined by the extent to which it facilitates the productive and sustainable use of land. While important strides have been made in Kenya to ensure that land is indeed productively and sustainably used, there are still a number of problems which need to be addressed at both policy and legislative levels.
The first is chronic underutilization of land especially in the large farm sector. On average not more than 40% of all land in the large farm sector is put to productive use.
The second is the phenomenon of land deterioration due to, among other things, population pressure, massive soil erosion arising from bad land use practices and variability in climatic patterns. This has led to rapid depletion of land cover and creeping desertification as a result of reduced capacity in water catchment areas.
The third is the abandonment of agricultural activities due to a number of factors, two of which are worth noting. One is the incidence of HIV/Aids in the rural area - the full effect of this pandemic is that vast areas of agricultural land lies idle as a result of loss of productive labour capacity. The other is poor infrastructure for agricultural produce such as rural access roads, marketing facilities, financing and extension services.
The fourth is the emergence of serious land use conflicts between crop production and other activities including, pastoralism, forestry, wildlife, and urban development. This is particularly serious in areas that lie at the interface between high potential and marginal lands; and between high potential peri-urban and urban areas.
The fifth is the increased squalor in urban areas due to rapid population growth, incidence of urbanization and the spread of spontaneous or un- regulated settlements. Most of these settlements, especially those on public land, are characterized by extremely high densities, relatively haphazard physical layouts, abject poverty, poor social infrastructure such as health, education, sanitation and shelter and land tenure insecurity. Important effects of these include a general breakdown in zoning and subdivision control, and increased pressure on the capacity of urban authorities to deliver services to residents of these settlements.
Challenges
The biggest challenge that the country faces is to strike a balance between satisfying the human livelihood needs and sustainable use of resources for posterity. Others include:
- The decline in the supply of pastures and portable water which stirs conflicts among pastoralists and between small and large-scale irrigation farmers.
- Poor quality of air and water which increases disease risks in human beings, livestock, wildlife and extinction of other life forms.
- Destruction of water catchment areas that causes shortage of water and electricity supply necessitating rationing.
- Desertification which reduces the productivity of land leading to food insecurity, reduced income and non-accumulation of economic assets.
These challenges spell a gloomy future for the country unless the status quo is changed. The formulation of a National Land Use Policy will thus seek to balance different, yet related, concerns such as food security, human settlements, environmental protection and climate change; and other economic pursuits. The policy will also take cognizance of social, cultural, economic, political and spatial dimensions of development.
1.3Why a Land Use Policy
A Land Use Policy is a statement of intent that sets out long term goals on land use management. The need for this Policy has been recognized by the Sessional Paper No. 3 of 2009 on National Land Policyand re-emphasized by the Kenya Vision 2030 which recognizes the National Land Use Policy as a basis for sustainable development initiatives. The Policy is important in addressing issues of optimal utilization of land and land related resources by providing principles and guidelines for:-
- Proper management of land resources to promote public good and general welfare;
- Land use planning to enhance sustainable development;
- Anchoring land development initiatives;
- Mitigating problems associated with poor land use;
- Promoting environmental conservation and preservation; and
- Preparation of a national spatial plan and integration of various levels of land use planning.
1.4Objectives
To achieve this goal, the objectives of the National Land Use Policy will be to:
(1)Harmonize initiatives in the utilization of land resource so as to have an integrated and sustainable strategy.
(2)Provide guidelines for land-use planning, resources allocation and resource management.
(3)Provide suitable legal, administrative, institutional and technological guidelines for managing current and emerging land use trends.
(4)Provide principles to promote optimum utilization of land resources to meet governance, social-economic, political and cultural obligations of the people of Kenya.
(5)Promote new initiatives in land use management that will respond positively to market demands.
(6) Provide integrated framework to foster collaboration among different land users in tackling issues of abuse of land and planning.
(7)Develop and strengthen coordinated institutional linkages in planning.
(8)Provide framework for the preparation of a national spatial plan and review of various land use plans.
(9)Provide guidelines in mainstreaming gender issues in land use planning and management
1.5Outputs
The outputs of the National Land Use Policy will be:
- A harmonized and sustainable approach to the utilization of the land resource.
- Guidelines for land-use planning, resources allocation and resource management.
- Legal, administrative, institutional and technological guidelines for managing current and emerging land use trends.
- Principles that promote optimum utilization of land resources to meet governance, social-economic, political and cultural obligations of the people of Kenya.
- New initiatives in land use management that will respond positively to market demands.
- Integrated framework to foster collaboration among different land users in tackling issues of abuse of land and planning.
- Coordinated institutional linkages in planning.
- A framework for the preparation of a national spatial plan and review of the various land use plans.
- Guidelines in mainstreaming gender issues in land use planning and management
2.0LAND USE POLICY ISSUES
2.1Policy elements
The National Land Use Policy will address the following basic elements:
(a)Land Use Principles:
The appropriate land-use system must involve making decisions, choosing between options, accommodating diverse interests and presenting them as guidelines whose implementation must cater for the best interest of people individually, communally and as a nation.
The land use principles will be based on Land Management issues identified in the National Land Policywhich include:-
- Land use planning principles
- Sustainable production principles.
- Environmental management principles, and
- Sectoral and cross-sectoral land-use.
(b)Land Use Plan:
TheNational Land-Use Policywill form the basis for the preparation of a coherentand coordinated National Spatial Plan and other landuse plans, which will be based on a planning process that recognizes:-
- Existing situations.
- Impacts on Environment.
- Need for Incentives and disincentives.
- Need for Institutional re-engineering and re-alignment.
- Globalization.
(c)Continuous Land Use Planning:
Land is used for different purposes and changes in response to emerging needs. It is important to select the appropriate use for a particular area and time that best serves the interests of all those involved. Different land uses compete,whereas people have divergent interests in land and its resources. Continuous land-use planning will therefore be necessary in mitigating problems arising from competing land uses and the divergent interests.
(d)Environmental Impact Assessment (E.I.A):
Environmental Impact Assessment focuses on the unpredicted cost of development programmes. For example water reservoirs may lead to diseases, weed problems, eutrophication and seismic effects. Irrigation projects may trigger water borne diseases, water pollution, and salinityof soils or water logging. It is therefore important that land earmarked for any form of land use undergo a thorough E.I.A before implementing the programme or project.
(e)Incentives and Penalties:
These are used to protect the natural resources and also the welfare of the people who depend on these resources for their livelihoods. Sanctions clearly define the values that must be protected. Incentives involve a wide range of awards and tax exemptions for land users who use technology to preserve resources and individuals who contribute to knowledge on appropriate use of land and land based resources.
(f)Land-tenure System:
This involves understanding the system of rights and institutions that govern access to land and use of land and other natural resources.
Arable land in Kenya comprises 19.2% of total land out of which 2.2% is covered by forest. The remaining 82% is arid or semi-arid. The skewed access and distribution of land inevitably translates into sharp social differences leading to land use problems and conflicts. Understanding the land-tenure system facilitates just and fast mitigation of land use problems and conflicts.
(g)Institutional Arrangement:
It is important that all the concerns in resources management be integrated and the responsibility of implementing and enforcing compliance be vested in an institution. A suitable institution will need to be put in place, which will stipulate the manner in which land resources will be accessed and used. This will take into account the rights of the people, the legal basis and the principles of conservation.
2.2Guiding Principles
In pursuit of the basics of a National Land Use Policy, the following guiding principles will be upheld:-
(a)Efficiency and ecological sustainability
(b)Cultural integrity
(c)Productivity
(d)Environmental Conservation and preservation
(e)Access to land use information
(f)Conflict resolution and management
(g)Efficient land use management
(h)Gender equity
(i)Sustainable land use
(j)Effective regulation of land use practices
(k)Good governance
2.3Land use concerns
(a)Human Settlements
The Human settlement strategy of 1978 broadly outlined inter-alia national development strategy which identified urban growth points and agricultural areas. This strategy intended to address the growing imbalances between urban and rural areas in the provision of infrastructure in selected towns and centres. The land use decisions were, to some extent, guided by this broad strategy. However, there were instances in which developments did not conform to this strategy. A contributory factor has been the inability of the various agencies concerned with land management to synchronize their mandates in an integrated manner to establish guidelines for protection, monitoring and enforcement of measures for sustainable development.
(b)Economic Development
Economic development in Kenya has by no means proceeded in a uniform manner in different regions of the country.The level of development in certain areas reflects in part, the uneven distribution of natural resource endowments, the colonial history and the very process of development itself. This scenario has led to widening regional disparities and persistent inequalities in terms of availability of land, intensity of land use and labour productivity; production and incomes; and in access to infrastructural facilities such as roads, water supply, markets, health and educational facilities.
(c)Urbanization and Population Growth
Population growth, coupled with rapid and uncontrolled urbanization; and high demand for rural settlements has resulted in intense competition for land. Twenty per cent (20%) of Kenya which is classified as high potential land accommodates 75% of the total population. The pressure on land has triggered:
- Migration both from rural – rural and from rural to urban areas.
- Subdivision of land to uneconomical units
- Urban sprawl into prime agricultural land
- Encroachment into fragile ecosystems and protected areas; and
- Resource use conflicts among others.
In urban areas,the migration has exceeded the absorptive capacity of the towns in terms of the provision of employment, housing, education and other services. This situation is reflected in poorand inadequate living conditions, increasing urban unemployment, housing, education, other infrastructure and services.