29March2024

Categories Land Governance

Land Reforms in Kenya and around Africa

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Posted by on in Land Governance

High turnover of top leaders

Best wishes as you savour the delights of the season, and take a most deserved break as we look back. It’s an opportune moment to reflect upon the land sector too. A little earlier, out went Farida Karoney, and in came Zachariah Mwangi Njeru, to the top office at Ardhi House. Farida was bold and firm. She dared some difficult changes in the rather conservative Lands Ministry. She kick-started the establishment of a national online land management system, which should expedite business. This system is yet to be perfected though, and is the one thing that Cabinet Secretary Njeru should give priority.

As I wish Farida well in her time away from Ardhi House, I welcome CS Njeru to this rather challenging Ministry. It has caused anxiety to previous occupants, some of whom later found themselves parading court corridors, courtesy of their days there. Little wonder, this Ministry has had a high turnover at the top. Hon Amos Kimunya, Prof Kivutha Kibwana, James Orengo, Charity Ngilu, Fred Matiang’i, Prof Jacob Kaimenyi and Farida steered it during the Mwai Kibaki and Uhuru Kenyatta presidencies.

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Land issues under the EAC

Discussing matters land in the East African Community has been difficult. Because land, its policies and laws, aren’t easy to agree on. They are quite jurisdiction-specific. What works in one country may be inapplicable in another. Indeed, the Protocol on the establishment of the East African Community (EAC) Common Market, which is informed by the Treaty of Establishment, is quite explicit on matters land. The Common Market Protocol provides for the free movement of goods, persons, labour, services and capital. It also provides for the rights of establishment and the rights of residence of EAC citizens. Article 15 of this protocol is on access to and use of land and premises. It tersely provides that Partner States are agreed that access to and use of land and premises shall be governed by the national policies and laws of the Partner States. This therefore limits the depth of discussions on matters land within the Community.

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2017 Demolitions

In 2017, I chaired a task force under the then Ministry of Lands and Physical Planning. The task force was established to investigate the processing of extension and renewal of leases since year 2010. The precursor to the establishment of this task force by the then Minister Prof Jacob Kaimenyi was ominous.

Demolition squads waving parallel lease documents had raided properties in Nairobi, forced out occupants and swiftly demolished pricey developments. Parklands, the City Center and River Road were particularly targeted. This ruthless and traumatising trend was worrying. Often, the parallel lease documents used turned out fraudulent, either irregularly prepared following the death of a lessee, or the expiry of an original lease, even in instances where applications for renewal pended in Lands offices. These aren’t legitimate methods for accessing property rights.

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Expanded mandate

The soft spoken Zachariah Mwangi Njeru is the new sheriff at the Lands Ministry. This is now a new look Ministry, with a much expanded mandate. It hosts three key departments. The State Department for Lands and Physical Planning, the State Department for Housing and Urban Development and the State Department for Public Works. Lands and Physical Planning carries the traditional land delivery units of land policy, land administration, physical planning, adjudication and settlement, surveying and mapping and land registration. Housing and Urban development drives housing policy, government housing, affordable housing, slum upgrading and our urban planning policy. Public Works is responsible for building and construction policy, standards and codes. It’s also responsible for supplies, procurement and the management of government buildings.

One easily appreciates the power the Ministry packs. It’s responsible for the registration and regulation of a wide group of professionals responsible for the built environment. These include land surveyors, valuers, estate agents, planners, architects, quantity surveyors and building surveyors. The National Housing Corporation and the National Construction Authority are under this Ministry too. So Cabinet Secretary Mwangi Njeru is likely to find himself under immense pressure from the public, professionals, contractors and county governments who seek services, or provide professional support, through this Ministry.

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Female Governors

The new government, at national and county level, is now in place. Congratulations to the office holders. Of the 47 County governors, seven, just about 15 per cent, are women. My colleagues from Rwanda remind me that, comparatively, this is still dismal. They brag of a better record. But for a country that started with an all male cast after the 2013 elections, this new record motivates.

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