25April2025

Categories Land Governance

Land Reforms in Kenya and around Africa

This blog focuses on issues of land reforms in Kenya and around Africa and related matters

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Public land allocation

The President is reported to have recently accented to the allocation of some land at Roysambu in favour of a Nairobi Church. The subject land is said to be reserved for military use. Away from this specific land, whose contentious history remains in the public domain, does the President hold sway over the allocation of public land to individuals or other private entities?

President's powers under pre-2010 regime

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Leaseholds

Can one lose their leasehold land even when they live on it? Then what happens to the buildings and other fixtures that they’ve erected thereon? I thought the answers to these basic questions are obvious. But not quite. I have found myself constrained to address these questions in radio engagements and routine social banter. While those who hold their land under freehold terms do so in perpetuity, those who hold leasehold land do so for a period. This period is usually stipulated in the lease agreement binding the landlord/lessor and the tenant/lessee. This agreement elaborates pertinent conditions, including what should happen to buildings that one may have constructed. Leases are renewable.

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Nairobi-Green spaces

A happy and prosperous 2025 to BD readers. Let’s rev it by looking at the invaluable green spaces around Nairobi. I’ve been wondering if they’re safe enough. There are ominous signs. The key spaces include Ngong Forest, Karura Forest, Nairobi National Park, Uhuru and Central Parks. Each has had some story. Construction of the Special Gauge Railway through the Nairobi National Park threatened to take up some of its land. But thanks to innovative designs, the track was raised and loss of land averted. Recently, Nairobi County issued notice of intent to lease Uhuru and Central Parks through a Public Private Partnership (PPP) arrangement. One hopes that this won’t adversely expose these spaces to mercantile land speculators.

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GIS Guidelines for counties

Kenya was late in seizing the use of GIS technology for development. However, it’s been catching up, even if rather slowly. That’s why I was excited to see the Council of Governors, in partnership with the Food and Agriculture Organisation of the United Nations (FAO) and the European Union (EU), recently launched some guidelines that will govern the implementation of GIS-driven platforms in Counties. GIS-driven platforms, which enable the easy manipulation, presentation and dissemination of spatial data, are powerful tools for efficient land governance and decision-making. The guidelines are expected to enhance the uptake of this technology by County governments.

The road to the development of the guidelines has been long, and called for niche expertise, and substantial funding. Luckily, Council of Governors had good partners in FAO and EU, besides other local technical partners. Let us therefore celebrate this achievement, and, in addition, use the guidelines to trigger the establishment of GIS-based information systems across the country. The guidelines, with a foreword by Governor Ahmed Abdullahi, the current Chairman of the Council of Governors, underscore the need to seize the use of GIS tools, and include a checklist of the pertinent requirements and steps to be taken in establishing such systems.

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Informal moratorium

For months now, the Nairobi City County has not processed applications for the renewal or extension of leases. There seems to be an informal moratorium on such applications. There are murmurs and complaints surrounding it. By developers, Architects, Planners, Surveyors and other professionals charged with routinely supporting Kenyans requesting such technical support. What heightens anxiety is that no one seems to want to take responsibility and accountability on the matter within the City Planning Department. Worse, there’s been neither official explanation about the cessation, nor justification. Such lacuna invites speculation, and, in the circumstances, the highest office in the County Government, that of the Governor, deserves to be called out.

Renewal and extension of leases

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