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

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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
GENERAL
  • INDEPENDENCE
    • 12 December 1963
    • Former British Colony & Protectorate
  • REPUBLIC
    • 12 December 1964
    • Executive President
general4
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%
urban areas
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.
categories of land
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
the main land reform programmes
THE MAIN LAND REFORM PROGRAMMES
  • 1. Land distribution – allocation
  • 2. Land formalization
  • 3. Land redistribution
land distribution allocation
LAND DISTRIBUTION - ALLOCATION
  • From government to private ownership
    • Sporadic
    • Varying sizes and user
  • Over 100 years
  • By 2001, about 230,000 parcels allocated
land redistribution
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
land registration
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
land formalization
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
deeds systems
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.
title systems
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
land administration arrangements
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.
institutions for training surveyors
INSTITUTIONS FOR TRAINING SURVEYORS
  • UNIVERSITIES
    • University of Nairobi
    • Jomo Kenyatta University of Agriculture & Technology
  • POLYTECHNIC/COLLEGE
    • The Kenya Polytechnic
    • Kenya Institute of Surveying & Mapping
some current land issues
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
land issues contd
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
general27
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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