DEVELOPMENT AND IMPLEMENTATION OF THE LAND MANAGEMENT SYSTEM: AN IMPETUS OR A DETERRENT TO EFFECTIVE AND EFFICIENT LAND MANAGEMENT IN KENYA? WORLD BANK LAND & POVERTY CONFERENCE 14 th March – 18 th March, USA PROF. MUHAMMAD SWAZURI, PhD, OGW CHAIRMAN, NATIONAL LAND COMMISSION, KENYA

Introduction Land is the most factor of production apart from labour and capital in Kenya. Information Management of this valuable resource is therefore key. Many people (Individuals and Corporate Institutions) own properties which require land. We would then expect a much faster improvement on economics and land governance. But then!, Is this really the case on the ground?

Developing a Land Information Management System (LIMS)? The National Land Commission is mandated to: a.Manage public land on behalf of the National and County governments ( Constitution, 2010, Article 67(2a). b. Identify, prepare and keep a database of all public land ( Land Act, 2012). c.Public land constitutes 13% of the total land mass in Kenya. Why Land Information Management System ? 1.To enable us capture, manage, and analyze geographically referenced land-related data. 2.Reduce land disputes and bring about land reforms 3.To promote the good governance of land and natural resources

The history of land in Kenya has been ad-hoc and opportunistic Land speculation, land ownership structure, conflicts created by public lands, community lands and the absence of tenure individualization, and the frequent absence of physical demarcation are among the many issues that need to be addressed through improved land use administration systems.

Legal Grounding & Establishing LIMS The National Land Policy (NLP) recognizes that Kenya has not had up to date land information touching various sectors – Much of these information exists in paper form. NLP and NLC Act prescribes for the establishment of a nationwide land information management system to help streamline operations and management of land in the country. The National Land Information Management System (NLIMS) implementation in Nairobi synergizes the various systems used in land management and assumes all the features associated with the respective disparate systems – these are foundations of an efficient management system.

Land Information Management System Reliability  Institutional structure has been contemplated and work has already commenced towards actualizing NLIMS. LIMS would allow for the much- needed sharing of information among agencies in an effective and efficient manner. Given the diverse interests and competing users and rights in land and land based resources, an integrated system and land use planning is a sure way of appreciating the diversities. Figure: NLIMS service within NLC, MoLHUD and Government

Pitfalls  Based on the issues pointed out in our paper, there has been major challenges experienced over time:- 1.The story about public land is a story of power relations, the relationship between the state, civil society, communities and experiences – both good and bad. 2.The lack of information on what is where and where is what. 3.Weak statistical information, reliability information and analysis on state property especially transfers ( devolution- counties; state and municipalities).

Opportunities on LIMS Implementation in Nairobi  In view of these issues, we identify key opportunities that would be provided through the implementation of the LIMS in Kenya: 1)Guaranteed ownership and security of tenure; 2)Efficient and speedy registration of transactions; 3)Monitoring and analysis of market and rental values of land and property; 4)Protection of public and community lands; 5)Reduction in land disputes – ADR and TDR mechanisms; 6)Improved planning and infrastructural development; 7)Enhanced revenue collection by increased productivity; 8)Search and verification of titles in real time; 9)Increased levels of transparency, open governance and participation and; 10)Statistical data availability for policy & management decisions.

Ahsanteni!