Welcoming Remarks at First Annual Conference On

WELCOMING REMARKS AT FIRST ANNUAL CONFERENCE ON:

“PLANNING UNDER A DEVOLVED SYSTEM OF GOVERNMENT IN KENYA”

Friday 23rdNovember 2012, Laico Regency Hotel - Nairobi

By

Dr. Karanja Mwangi, MKIP FKIP

Chairman, Kenya Institute of Planners (KIP)

Senior Lecturer of Planning, DURP, University of Nairobi

Mr. C. Kowour, Chairman, Institution of Surveyors of Kenya

Mr. Erastus Rweria representing Mr Kinuthia Wamwangi Chairman, Transition Authority

Mr. Tom Odongo, Town Clerk, Nairobi City Council

Mr. A. Masinde, representing the Chief Guest, Hon James Orengo, Minister for Lands

Ladies and Gentlemen,

I WELCOME YOU ALL to this national conference on “Planning under Devolved System of Government in Kenya”.

ALLOW MEto thank and appreciate the Ministry of Lands and the Nairobi City Council for co-sponsoring this conference with Kenya Institute of Planners.

As we all know, the new constitution of Kenya has created new impetus for planners to evaluate the role we have played in planning for change and development in our cities, towns and rural areas in the recent and distant past.

THE NEW CONSTITUTION CATERSfor planning under devolved government at county level and also provided for planning functions at the national level. I believe too that planning for special regions such as natural resource areas that cut across two or more counties as well as metropolitan regions magnitude has also a place in planning under the new constitution through appropriate legislation. Most importantly, the constitution has given planners the opportunity to align delivery of professional planning services with needs of county governments without neglecting planning needs at the national level and in special regions.

THIS CONFERENCE PROVIDESearly opportunity to the members of the Institute, professionals in other sectors, policy makers and investors, civil society as well as academia to meet and discuss pertinent constitutional, legal and organizational issues that touch on planning under devolved systems of government in Kenya. The role of the Institute in this is to spearhead advancing of professional planning in Kenya. In this regard, I take this early opportunity to state a renewed commitment by the Institute to spearhead advancing of norms of sustainable professional planning in Kenya.

AS CHAIRMAN OF THE INSTITUTE, I am happy to note that the Governing Council has embarked on re-organizing the Institute, with a view to align its functions with constitutional provisions and new legal regime on planning.

THIS INITIATIVE IS MEANT to make the Institute more effective in advancing the growth of relevant theory of the practice of planning in Kenya. It will also deepen and embed sustainability of investment environment in the rural areas of counties, cities and towns; and promote regional economic growth to arrest spatial inequality in development across Kenya.

THE GENERAL WELFARE AND INTERESTSof the Kenyan society with respect to liveable built environment is an underlying goal in the Institute’s quest to a play role in steering change and transformation of society and in supporting market economy in the country. However, I am aware the Institute can only realize this goal by working with partners.

THE PARTNERSHIPbetween the Institute and the Ministry of Lands and Nairobi City Council in co-sponsoring this conference is a good example of the Institute’s initiative in this direction. Working with partners would serve as catalyst for planners’ work in rural and urban communities in the context of national-county government planning and development relations.

LADIES AND GENTLEMEN, new contexts for the formulation and implementation of public policy within which the devolved system of government has introduced underscore this. There are also new institutions and arrangements of organization for urban, county and national planning and management that are being established. These developments should be of immense interest to planners, rest the planners will be alienated from emerging mainstream of policy design and execution processes and procedures.

THIS CONFERENCE, therefore, is organized to provide participants appropriate forum to discuss constitution provisions and legislated laws that are relevant to planning and unfolding organizational arrangements under devolved system of government.

WITH THESE REMARKS,I wish you all fruitful deliberations during this important conference. On its part the Institute will play its role in institutionalizing planning under the new system by championing the tenets of good planning practice guided by its enduring motto of: >MAKING KENYA A PLANNING SOCIETY<. Asante!! Thank you!!

FORWARD OF THE PROCEEDINGS OF THE CONFERENCE OF THE KENYA INSTITUTE OF PLANNERS HELD AT LAICO REGENCY HOTEL, NAIROBI ON 23RD NOVEMBER 2012

The Kenya Institute of Planners Annual Conference (KIP-AC), 2012 was a watershed event. It was the first national event organized by the Institute during early stages of Kenya’s transition to devolved system of government. The timing of the event is sandwiched between the county’s “past” soon after the Constitution of Kenya 2010 was promulgated; and the Kenya’s “future”.“Past” because the Grand Coalition Government (GCG) that ruled Kenya when the new Constitution was passed in a referendum held on 4th August 2010 was governing under the old 1963 independent Constitution which provided for a centralized government. “Future” because Kenya had promulgated a new Constitution on 26th August 2010 and ushered in a developed system of government to replace a centralized system of government.

When KIP organized the annual conference on 23 November 2012, Kenya was three (3) months and eleven (11) days to 4th March 2013 general elections which introduced and actually launched the devolved system of government. Most importantly the conference was held exactly twenty-six (26) months and 27 days since 26th August 2010 which would propel governance and development into coming decades. This is the critical period when it was expected symbols of old planning e.g. The Physical Planning Act (PPA), Physical Planners Registration Act (PPRA) and laws that providing for planning of by the six regional development authorities (RDAs) would be repealed as part of legislating the new provisions of planning law under the new Constitution e.g. Sections 102-115 in Part XI – County Planning in the County Government Act (CGA), Sections 32-42 in Part V of Urban Areas and Cities Act(UACA), etc. Yet, embracing devolved system of government also generated demand for planning of land based resources, economy, social and cultural development where new policy outlook and planning practices require, a similarly, new planning culture.

The 2012 Conference therefore provided the first forum for KIP members to reflect on where planning profession has comes from and where it is headed in the coming decades.

As presentations and plenary discussion show, more work for planners lie ahead in their quest for making Kenya a planning society which underlines the message contained in this welcome statement to participants.

The speech by the Chief Guest, Hon James Orengo, Minister of Lands has enunciated a host of problems and issues for planners. Planners have no option but to organize around the issues by the Chief Guest and be active in providing requisite professional leadership. The problems and issues range from unregulated urban growth, shortage of decent housing, dysfunctional urban transportation, lack of unemployment and disabling poverty. Hon Orengo has impressed on planners to take advantage of the new Constitution and sections of new laws such as the Land Act, No 6, 2012, Sections 102- 115 in County Government Act, No17, 2012 which provide new ways of land use planning and management of development.

The Key Note address by Mr Erastus Rweria on behalf of Mr Kinuthia Wamwangi takes a historical detour. The Note reminds participants the weakness of the old independent constitution in respect of planning. The Note goes on to implore that the new Constitution 2010 has specific articles on planning and public finance management. It also emphasizes that provisions on planning in the County Government Act are quite elaborate.

Dan Kiara presentation follows with a discussion on the role of urban management boards (UMB) which will be formed to take charge of urban planning and management functions in the cities and municipalities. He has concluded that the new Constitution and Urban Areas and Cities Act (UACA) provide for a new beginning in governance and management of urban areas and cities.

Andile’s presentation gave the participants exceptional opportunity to learn from the Republic of South Africa. A historical discussion in the presentation covering Mid-19th Century to 1948 when the policy of apartheid was formalized in law, through to the entry of post-apartheid era in 1994 to the present; gives the background against which changes have taken place in planning. Specifically, the presentation states clearly the challenges of devolved government in South Africa in early 2000s; and has compared and distinguished between devolution, delegation and decentralization. The presentation conclude by noting the changes Kenya has embraced by adopting devolution stressing they should be treated as “….an ongoing party. It is evolving in tits and throws…….” But he has reminded participants that the Constitution has laid the foundational principles for legal reform and refinement. He notes further that the capacity for advanced (spatial) planning approaches and standardizing GIS data is now well established, while the linkage between planning products and budgetary processes to ensure what is planned will be implemented are all within reach of planners. Andile also see devolved planning as a form of mechanism of implementing local democracy and that political challenges that come with devolution of governance and planning are not insurmountable.

George Onyiro notes that devolution is complex and least understood, at least in Kenya. The presentation discusses devolution from point of view of providing multiple levels of autonomy, self-governance and promoting equality. It has pointed out that the creation of forty-seven (47) county governments is a shift in paradigm for governance in Kenya. The presentation notes that devolution cuts across vision 2030 and that UN devolution technical support framework to the Government of Kenya is being considered. In tandem presentation has called for the re-branding the Kenya Institute of Planners.

Planning organization, inter-government coordination and collaboration are covered in the presentation by Rose Muema. The presentation has advanced the view that urban land use planning in Nairobi City County is a useful function. Consequently, coordination and collaboration oversight planning functions of the National Government over the city county and bordering metropolitan region would organize around urban land use planning activities. It has further noted that new institutions at the national, county and sub-county levels form new organization for planning. It concludes that the new constitutional and the evolving legislative framework for a two-tier system of government has revitalization effects on planning and from this, planners should take the cue now.

Charles Konyango’s paper discusses spatial planning within a devolved government system. It points out that spatial planning at county rural level will also provide regulatory institutions for land use development, establish priorities for action in local communities as well as in monitoring of implementation of development proposals. The presentation conclude that the role of national spatial planning in a country is among others, to come up with incentives and sanctions to ensure effective cooperation across sectors, administrative boundaries between newly formed levels of government.

Finally, T. W. Mwangi’s presentation has focused on the role of regional development authorities (RDAs) in devolved government structures. The presentation has pointed out that the authorities are appropriate vehicle for national government to engage county government in planning within counties and across-borders of natural resource regions.

Overall, the forward has pointed out some of the issues covered during the conference. Those who will be privileged the proceedings will confirm that indeed the 2012 KIP Annual Conference played a foundational role for a new beginning of the planning profession in Kenya for the coming decades.

Karanja Mwangi

Nairobi, May 2013

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