COUNTRY REPORT: KENYA

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COUNTRY REPORT KENYA

• Presented to the FIG Commission 7
• Annual Meeting, Krakow, Poland.
• September 17 - 23, 2003.
• by
• Jasper Ntwiga Mwenda

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GENERAL

• INDEPENDENCE
• 12 December 1963
• Former British Colony Protectorate
• REPUBLIC
• 12 December 1964
• Executive President

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GENERAL

• AREA Over 582600 sq. Km
• POPULATION 28.7million (1999 census)
• Current estimate 31 million
• National pop.growth rate 2.9
• Rural 78 Urban 22
• Female 50.5 Men 49.5
• High potential land ?30

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URBAN AREAS

• Urban pop. Growth rate 6.5 pa
• Smaller towns 9.1
• Nairobi has 36 of urban population
• Estimated 65 Nairobi population lives in
  informal settlements may be higher in smaller
  towns.

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CATEGORIES OF LAND

• 1. Government Land (10).
• Control by central government.
• 2. Private Land (20).
• Freehold or leasehold tenure
• 3 . Trust Land (70).
• Held in trust for residents by County Councils
  (local authorities) until formalization of
  rights.
• May be re-designated soon

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THE MAIN LAND REFORM PROGRAMMES

• 1. Land distribution allocation
• 2. Land formalization
• 3. Land redistribution

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LAND DISTRIBUTION - ALLOCATION

• From government to private ownership
• Sporadic
• Varying sizes and user
• Over 100 years
• By 2001, about 230,000 parcels allocated

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PROGRESS OF LAND REFORMS ON TRUST LAND
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LAND REDISTRIBUTION

• Subdivision and allocation of large farms,
  previously owned by settlers to larger numbers of
  farmers
• White settlers owned 7.5 million acres ( 3 m ha)
  of farm land about 30 of high potential land
• Two approaches used -
• 1. Government initiative (WB, UK, Germany etc.)
• 2. Private Land buying Co., Co-op self-help
  groups
• Private initiatives have settled more people

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STATUS OF LAND REDISTRIBUTION PROGRAMME (2001)
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LAND REGISTRATION

• Title and deeds systems in existence
• Intention to phase out deeds system since 1920
• Deeds system exist because conversion voluntary
  or when transaction involving title occurs

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LAND FORMALIZATION

• Land under customary tenure brought to the
  register. Freehold title for agricultural use.
• English system of registration
• Systematic approach used
• Three different approaches -
• 1. Consolidation
• 2. Enclosure of existing parcels
• 3. Identification of group ranches

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DEEDS SYSTEMS

• Exist under three Acts
• 1. Registration of Documents Act, 1901 simple
  deeds system
• 2. Land Titles Act, 1908. Simple then upgraded to
  advanced in 1911.
• 3. Government Lands Act, 1915 Advanced deeds
  system.

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TITLE SYSTEMS

• Two title registration systems -
• 1. Registration of Titles Act, 1920
• Requires fixed boundary surveys
• Torrens system
• Slightly over 200000 titles
• Registered Land Act, 1963
• Serves both general and fixed boundaries systems
• English title system
• gt 2 million titles

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PROGRESS IN ISSUANCE OF TITLE TO LAND (1976-1999)
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LAND ADMINISTRATION ARRANGEMENTS

• MINISTRY OF LANDS SETTLEMENT Main player
• Departments within Min. of Lands Settlement -
• 1. Lands Allocation of Govt. land, Govt.
  valuation, registration of land
• 2. Survey of Kenya Surveying and Mapping.
  Licensed surveyors also involved in title surveys
• 3. Land Adjudication Settlement
  formalization, redistributive and consolidation
  reforms
• 4. Physical Planning planning of land
• 5. Administration coordination of activities
  within the Ministry
• Other authorities -
• a. Office of the President especially
  allocations
• b. Min. of Roads Public Works
• c. Min. of Agriculture
• d. Min. of Local Government
• etc.

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INSTITUTIONS FOR TRAINING SURVEYORS

• UNIVERSITIES
• University of Nairobi
• Jomo Kenyatta University of Agriculture
  Technology
• POLYTECHNIC/COLLEGE
• The Kenya Polytechnic
• Kenya Institute of Surveying Mapping

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LOCAL TRAINING INSTITUTIONS
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PROFESSIONAL MEMBERSHIP (Institution of Surveyors
of Kenya)
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SOME CURRENT LAND ISSUES

• 1. Constitutional conference in progress
• - greater control by communities in land
  allocation
• - more accountability with regard to community
  land
• - redesignation of land categories
• - National Land Commission (being discussed)
• 2. Repossession of illegally allocated land
• 3. New generation title deeds (?)
• 3. Informal settlements upgrading
• - what rights and to whom
• - MOU with UN-Habitat

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LAND ISSUES (contd)

• 4. Computerization of land records
• A number of initiates with a number of donors on
  going but little coordination between donors
• Physical Planning France
• Survey of Kenya Japan, France
• Adjudication Settlement Germany
• Lands UK, Denmark
• Advertisement in May in Press seeking solution
• 5. Need for better coordination between
  Ministries with regard to land issues

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GENERAL

• KENYA IS A WONDERFUL COUNTRY. PAY US A VISIT AND
  SEE FOR YOURSELF
• THANK YOU
• dziekuye bardzo
• Do-zabacze nia w Kenii