01May2024

Mwathane Urban Managers Must Navigate the Politics of Land Carefully

LAND REFORMS IN KENYA AND AROUND AFRICA

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Urban Managers Must Navigate the Politics of Land Carefully

Posted by on in Land Governance
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Land Information Management Systems

Let me conclude the message I kicked off in my last piece on the Kenya Urban Forum 2023 held in Naivasha mid-last month. The major cities in this country have accumulated huge amounts of land records with time. Such large numbers of manual land records overwhelm. These cities, along with big municipalities, are encouraged to consider harnessing modern technology. They need to consider developing computer driven land information management systems. In developing such systems, they’ll need to liaise closely with the national survey and mapping agency, Survey of Kenya. This will help to ensure that their systems are based on a uniform survey reference framework, and run on protocols and data formats amenable to data exchange with the national land information management system, known as ardhisasa, which is under development.

Acquisition of land for public purposes

It was also observed that counties need to develop land banks for their future needs. The County Governments Act empowers County Governments to lease or acquire land for their projects as desirable. In this regard, it was noted that Counties may consider prioritizing the acquisition of land for construction of bypasses in order to arrest traffic gridlocks which are becoming a common feature in the rapidly growing urban centers. Embu town, which hosted this year’s Madaraka Day fete, helps to illustrate. To secure the stadium which is next to the Nairobi-Meru highway, cross-town traffic had to be diverted. Due to the absence of an appropriate bypass, the efforts to divert traffic off the highway were quite constrained, and travelers suffered substantial delays as a result. Many towns may suffer similar fate were they to host major national or international events. Counties however pointed out their limitations in this regard, including the huge amounts of money required for compensation in today’s land market.

Even as I observed that the costs of land will continue to rise, and it’s therefore prudent to identify and purchase land early, the national land commission interjected, seeking to know why County governments always took the option of compensating for leasehold land. Why, they were challenged, wouldn’t they use the forfeiture clauses to determine contracts with lessees in breach of the conditions of grant? A key condition, which has been widely breached, requires that such land be developed within a specified period.

Politics of land

Urban managers were also urged to beware the politics of land, which has the capacity to delay or stop development projects. Such politics is manifest whenever issues relating to boundary delineation, forced evictions, repossession of grabbed land and the development or review of valuation rolls have to be managed. In some jurisdictions, the transparency that comes with modern land information management systems may be unwelcome, and politics may be used to defeat their development or maintenance. These tools could pose subtle threats to vested interests. It’s therefore upon every urban manager to develop a good nose for such politics, and navigate it accordingly. Competent land professionals around them may come in helpful.

Date: 6th July, 2023

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