28March2024

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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Valuation unit: Capacity

Getting attached to the national land commission’s valuation section, which is charged with the valuation of land for compulsorily acquired land, has become a career hazard. One could easily find themselves accused of helping to falsify compensation payments, in collaboration with conniving landowners. This has happened to a number of officers in the Commission, at senior and middle level. Unfortunately, the few valuers in the section have to contend with heavy workloads, thanks to the numerous ongoing public projects. This is therefore one section that the commission must constantly watch, and support as best possible. Its capacity needs enhancement.

Exaggerated costs of land

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Nairobi's draft valuation roll

The City County of Nairobi is in the process of updating its 1980 valuation roll. It has given city residents with rateable properties until 18th June, 2021 to forward objections to a draft valuation roll pending publication. Usually, objections are raised on the basis of inclusion or omissions of rateable properties, or the value ascribed to a property in the draft roll.

Though rather late, the exercise by Nairobi City County is good for its revenue base. And it will have significant financial implications to the rates payable by residents. It is therefore advisable that owners to rateable properties lodge any legitimate objections within the timeline, else find themselves bound to the rates to be published.

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Uncontrolled urban growth

Not too long ago, Thika, Kericho, Naivasha and Nakuru were like model towns. Absolutely clean. With all developments seemingly at their rightful positions, and land uses well thought out. Not anymore! These towns too, like many others in Kenya, have lost it. They are developing and expanding ad hoc. Apparently, there is no order of things, and no effective attempt to enforce any.

Every time I drive from Nairobi towards Machakos, I am amazed at the speed of emerging physical developments. The corridor between Nairobi and the turnoff to Machakos town is gradually connecting. Similarly, developments of all kind line up the corridor between Nairobi and Limuru, just as they do towards Thika. Kiambu town is now literally part of Nairobi, with residential and business premises having taken up what had been left of Kiambu’s coffee farms along Kiambu Road. Karura forest sticks out like some refreshing interruption.

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Long journey

Kenya’s online platform, the National Land Information Management System (NLIMS), dubbed “Ardhisasa”, went ‘live’ on Tuesday this week. But Kenyans are yet to appreciate how momentous this was. It is a complete “game changer”. And the journey to this stage has been arduous. It started in earnest during the sunrise years of President Mwai Kibaki’s tenure, when Hon Amos Kimunya steered the Lands Ministry. But no meaningful progress had been made till now.

This is not unusual in Africa. Many factors hinder the development of such systems including lack of political goodwill, enabling resources or institutional capacity. Sometimes there’s outright sabotage from those anxious of transparent and efficient land management systems. Because opaque and inefficient ones serve their nefarious needs. Indeed, were it not for the commitment and resolve by the President and the Lands Cabinet Secretary Farida Karoney, perhaps the “Ardhisasa” initiative would have stalled. Lessons from elsewhere inform that it takes such high level champions for transformative land information management systems such as this to be put in place. So what should Kenyans expect from “Ardhisasa”?

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Vast unregistered territory

Most community land is to be found at the Kenya Coast, the South Rift and Northern Kenya. In parts of the North, it stretches for hundreds of kilometers. For instance, community land swathes strand over five hundred kilometers between Isiolo and Moyale. And over six hundred between Garissa and Mandera, most of it unregistered. While communities in these regions have a fairly good idea of the positions of their common boundaries, only specific mapping will help to capture and reflect them on Kenya’s cadastral maps. Only then can such land be registered against the respective communities as is provided under the 2016 Community Land Act.

Investor negotiations difficult

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