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COUNTRY REPORT: KENYA

COUNTRY REPORT: KENYA. Presented to the FIG Commission 7 Annual Meeting, Krakow, Poland. September 17 - 23, 2003. by Jasper Ntwiga Mwenda. GENERAL. INDEPENDENCE 12 December 1963 Former British Colony & Protectorate REPUBLIC 12 December 1964 Executive President. GENERAL.

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COUNTRY REPORT: KENYA

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  1. COUNTRY REPORT: KENYA Presented to the FIG Commission 7 Annual Meeting, Krakow, Poland. September 17 - 23, 2003. by Jasper Ntwiga Mwenda

  2. GENERAL • INDEPENDENCE • 12 December 1963 • Former British Colony & Protectorate • REPUBLIC • 12 December 1964 • Executive President

  3. 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%

  4. 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.

  5. 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

  6. THE MAIN LAND REFORM PROGRAMMES • 1. Land distribution – allocation • 2. Land formalization • 3. Land redistribution

  7. LAND DISTRIBUTION - ALLOCATION • From government to private ownership • Sporadic • Varying sizes and user • Over 100 years • By 2001, about 230,000 parcels allocated

  8. PROGRESS OF LAND REFORMS ON TRUST LAND

  9. 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

  10. STATUS OF LAND REDISTRIBUTION PROGRAMME (2001)

  11. 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

  12. 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

  13. 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.

  14. 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 • > 2 million titles

  15. PROGRESS IN ISSUANCE OF TITLE TO LAND (1976-1999)

  16. 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.

  17. INSTITUTIONS FOR TRAINING SURVEYORS • UNIVERSITIES • University of Nairobi • Jomo Kenyatta University of Agriculture & Technology • POLYTECHNIC/COLLEGE • The Kenya Polytechnic • Kenya Institute of Surveying & Mapping

  18. LOCAL TRAINING INSTITUTIONS

  19. PROFESSIONAL MEMBERSHIP (Institution of Surveyors of Kenya)

  20. 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

  21. 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

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

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