19April2024

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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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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I am in this small, friendly and beautiful city of Windhoek. Windhoek, the capital city for Namibia, has historical significance. It was home to the many political conferences held to usher the independence of Namibia in 1990.

I was last here in 2017. Namibia is vast and, in size, far larger than Kenya. However, ironically, its population is much smaller. In 2017, it was about 2.4 million. Currently, projections place it at 2.6. Kenya’s current population is approximately 53.7 million, up from approximately 50.2 in 2017. Therefore, within the five years, while Kenya’s population has grown by approximately 3.5 million, Namibia’s has grown by about 200 thousand. Useful comparative statistics for our demographic and economic planners. Our sharp population growth remains a challenge to our economic growth. Importantly, Kenya should keep sight of the collaboration opportunities offered by this comparatively younger democracy.

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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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Market Protocol

EAC Partner States have begun to share lessons and best practices in land policy development. Each will henceforth be able to share considered best practices in land policy formulation, implementation and review. This regional sharing will be done within the realm of Article 15 of the EACMarket Protocol which provides that access to, and use of land and premises, shall be governed by national policies and laws of individual Partner States. States will therefore be at liberty to learn from each other, and, where they identify lessons applicable to their jurisdictions, make bilateral arrangements to benchmark, learn and borrow accordingly.

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New government

Polling for Kenya’s fifth President and members of the 13th parliament, along with the third cohort of County Governors and County Assembly members, will happen next week Tuesday 9th August. I appeal for efficient and peaceful voting, and, subsequently, thorough, accurate and transparent tallying of the vote. I am just back from an engagement with the East African Community in Dar es Salaam and I could easily tell that East Africa, and indeed Africa, has eyes on Kenya. Let’s therefore demonstrate that our democracy has come of age, and provide those watching us with a good comparative benchmark and hope.

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