Formulating a sectoral approach to urban land policy: The case of Kenya Robin McLaren Know Edge Ltd Land Governance in Support Of The MDGs: Responding To New Challenges Washington, DC March 9 th & 10 th 2009

Land Governance & MGDs2 Outline Kenya at a glance Kenya at a glance The land legacy The land legacy The new National Land Policy The new National Land Policy Challenges & responses to implementing the National Land Policy Challenges & responses to implementing the National Land Policy

Land Governance & MGDs3 Key Messages / Issues Is the new National Land Policy a step too far and fast for politicians to endorse? Is the new National Land Policy a step too far and fast for politicians to endorse? Can Kenya afford the implementation or should more pragmatic and cheaper solutions be adopted? Can Kenya afford the implementation or should more pragmatic and cheaper solutions be adopted? How can we create multi-sectoral solutions when components of government aren’t joined up? How can we create multi-sectoral solutions when components of government aren’t joined up? Can the role of the citizen in gathering information for urban land administration and management be better exploited? Can the role of the citizen in gathering information for urban land administration and management be better exploited?

Land Governance & MGDs4 Kenyan at a Glance Country’s population ~ 37.5 million at an overall growth rate of 2.6% (2007). Country’s population ~ 37.5 million at an overall growth rate of 2.6% (2007). Only 15% of the land is fit for agricultural production. Only 15% of the land is fit for agricultural production. Absolute poverty in the urban areas now stands 49%. Absolute poverty in the urban areas now stands 49%. The land distribution pattern in Kenya is very much skewed. In Nairobi 5% of the land is currently housing 75% of the city’s population. The land distribution pattern in Kenya is very much skewed. In Nairobi 5% of the land is currently housing 75% of the city’s population.

Land Governance & MGDs5 Urbanisation Increase in urbanisation: Increase in urbanisation: 19638% % 2015~50% Some urban centres, Nairobi in particular, have doubled in population over the past decade. Some urban centres, Nairobi in particular, have doubled in population over the past decade.

Land Governance & MGDs6 Kenya and Land Land was a key reason for the struggle for independence and land issues remain politically sensitive and culturally complex. Land was a key reason for the struggle for independence and land issues remain politically sensitive and culturally complex.

Land Governance & MGDs7 Kenya and Land Legacy It was expected that the transfer of power from colonial authorities to indigenous elites would lead to fundamental restructuring of the legacy on land. It was expected that the transfer of power from colonial authorities to indigenous elites would lead to fundamental restructuring of the legacy on land. This did not materialise and the result was a general re- entrenchment and continuity of colonial land policies, laws and administrative infrastructure. This did not materialise and the result was a general re- entrenchment and continuity of colonial land policies, laws and administrative infrastructure. [Source:

Land Governance & MGDs8 Urban Planning The majority of developments within the Kenyan urban centres are haphazard and have mainly taken place outside urban planning intervention. The majority of developments within the Kenyan urban centres are haphazard and have mainly taken place outside urban planning intervention. Physical planning is beset nationally by a complex institutional arrangement. Physical planning is beset nationally by a complex institutional arrangement. [Source: World Bank]

Land Governance & MGDs9 Economic & Physical Planning This situation is exacerbated by the glaring disconnect between national economic planning process and physical planning. This situation is exacerbated by the glaring disconnect between national economic planning process and physical planning. Consequently, the physical development plans have not been recognised as essential instruments for the development of urban centres, which are engines of growth. Consequently, the physical development plans have not been recognised as essential instruments for the development of urban centres, which are engines of growth.

Land Governance & MGDs10 Housing Production and Demand by Income Categories [Source: Department of Housing, Government of Kenya, 2006]

Land Governance & MGDs11 Informal Settlements Kibera, Nairobi, Kenya (Nubian word meaning "forest" or "jungle." ) Kibera, Nairobi, Kenya (Nubian word meaning "forest" or "jungle." ) Largest slum in Africa with estimated 0.6M -1.2M population Largest slum in Africa with estimated 0.6M -1.2M population Even though Kenya’s informal settlements house the majority of the country’s urban population, the residents of these settlements are treated as if they were invisible. Even though Kenya’s informal settlements house the majority of the country’s urban population, the residents of these settlements are treated as if they were invisible.

Land Governance & MGDs12 New National Land Policy for Kenya A Key Component of the Solution “To guide the country towards efficient, sustainable and equitable use of land for prosperity and posterity”

Land Governance & MGDs13 Inclusive Process of Formulating National Land Policy Process launched at a Stakeholders’ Workshop in February 2004, with a wide range of participants drawn from public and private sectors and civil society. Process launched at a Stakeholders’ Workshop in February 2004, with a wide range of participants drawn from public and private sectors and civil society. Approved by the Cabinet in September 2007 Approved by the Cabinet in September 2007 Not approved by Parliament prior to the national elections in December 2007 Not approved by Parliament prior to the national elections in December 2007 Still not approved by current parliament Still not approved by current parliament [Source:

Land Governance & MGDs14 National Land Policy Key Changes to Land Governance A democratic and decentralised land governance system. A democratic and decentralised land governance system. Rationalised land laws. Rationalised land laws. Communal ownership of land and customary land rights re-established. Communal ownership of land and customary land rights re-established. Overall framework for dealing with land use planning, development control and environmental management issues. Overall framework for dealing with land use planning, development control and environmental management issues.

Land Governance & MGDs15 National Land Policy Key Changes to Land Governance Land Information Management System as part of National Spatial Data Infrastructure. Land Information Management System as part of National Spatial Data Infrastructure. Improved opportunities for tax collection. Improved opportunities for tax collection. Multi-sectoral approach taking into account all related sectors such as agriculture, livestock, water, energy, human settlement, industry, tourism, wildlife, forestry and fisheries. Multi-sectoral approach taking into account all related sectors such as agriculture, livestock, water, energy, human settlement, industry, tourism, wildlife, forestry and fisheries.

Land Governance & MGDs16 National Land Policy Support of MGDs New National Land Policy Economic, Social & Environmental Policies Goal 1 Eradicate Extreme Poverty Goal 3 Promote Gender Equality Goal 7 Ensure Environ Sustain Goal 8 Develop Global Partner 1a1b3a7a7d8f

Land Governance & MGDs17 Key Challenges in Implementing the NLP Political Support Politicians have most to loose - they have used land as political favours and used their powers to acquire land. Politicians have most to loose - they have used land as political favours and used their powers to acquire land.Response Collaboratively develop a robust business case to prioritise the implementation of the policy to maximise the return on investment. Collaboratively develop a robust business case to prioritise the implementation of the policy to maximise the return on investment. Use the economic justification to leverage support and convince politicians and senior civil servants of the policy’s role in the structural development and transformation of the economy, leading to growth, poverty reduction and social stability. Use the economic justification to leverage support and convince politicians and senior civil servants of the policy’s role in the structural development and transformation of the economy, leading to growth, poverty reduction and social stability. Place Land in the heart of the national development framework. Place Land in the heart of the national development framework.

Land Governance & MGDs18 Key Challenges in Implementing the NLP Affordability GDP in 2006 of US$22.8 billion and a total debt/GDP of US$28.7 billion. GDP in 2006 of US$22.8 billion and a total debt/GDP of US$28.7 billion. NLP costs exceed US$250 million over 6 years. NLP costs exceed US$250 million over 6 years.Response Create a sustainable business model to support land administration and management. Create a sustainable business model to support land administration and management. Build trust between the land governance arrangements and the financial services sector. Build trust between the land governance arrangements and the financial services sector. Continually seek faster, cheaper and more innovative solutions for land administration. Continually seek faster, cheaper and more innovative solutions for land administration.

Land Governance & MGDs19 Key Challenges in Implementing the NLP Reduction in Corruption The Kenya Bribery Index 2005 showed that 65.7% of the people visiting the Ministry of Lands might be asked for a bribe. The Kenya Bribery Index 2005 showed that 65.7% of the people visiting the Ministry of Lands might be asked for a bribe.Response Create fully accountable and independent land governance arrangements supported by a Land Information Management System to generate the necessary transparency and accountability. Create fully accountable and independent land governance arrangements supported by a Land Information Management System to generate the necessary transparency and accountability.

Land Governance & MGDs20 Key Challenges in Implementing the NLP Solutions to Informal Settlements Estimated housing demand will be 12 million quality dwelling units by Estimated housing demand will be 12 million quality dwelling units by Kenya Slum Upgrading Programme to improve the lives and livelihoods of an estimated 5.4M people in slums and informal settlements in urban areas by 2020 – only a few hundred last year. Kenya Slum Upgrading Programme to improve the lives and livelihoods of an estimated 5.4M people in slums and informal settlements in urban areas by 2020 – only a few hundred last year.Response Need slum upgrading and prevention tools that are less complex and resource intensive, are built around a ‘range of rights’ and are scalable. Need slum upgrading and prevention tools that are less complex and resource intensive, are built around a ‘range of rights’ and are scalable.

Land Governance & MGDs21 Key Challenges in Implementing the National Land Policy Multi-sectoral Approach Effective land management requires coordination and cooperation among different sector such as agriculture, water, energy, industry, tourism, etc. Effective land management requires coordination and cooperation among different sector such as agriculture, water, energy, industry, tourism, etc. Current institutional arrangements and behaviour don’t support the necessary level of co-operation. Current institutional arrangements and behaviour don’t support the necessary level of co-operation.Response This requires strong relationships at the central government level to co-ordinate policies as well at the local level to co-ordinate implementation. This requires strong relationships at the central government level to co-ordinate policies as well at the local level to co-ordinate implementation. This level of cooperation is challenging for any government and may require institutional reforms to allow it to happen more effectively. This level of cooperation is challenging for any government and may require institutional reforms to allow it to happen more effectively. Need to integrate land policy with the economic growth and poverty reduction policies. Need to integrate land policy with the economic growth and poverty reduction policies.

Land Governance & MGDs22 Key Challenges in Implementing the NLP Land Information Management System (LIMS) Kenya faced with customising a LIMS solution to manage their formal and customary tenures. Kenya faced with customising a LIMS solution to manage their formal and customary tenures. High costs and on-going license fees. High costs and on-going license fees.Response Develop a generic LIMS solution that is based on open standards and Free and Open Source Software (FOSS). Develop a generic LIMS solution that is based on open standards and Free and Open Source Software (FOSS). Capacity build rather than pay licenses fees – more sustainable solution. Capacity build rather than pay licenses fees – more sustainable solution.

Land Governance & MGDs23 Key Challenges in Implementing the NLP Urban Change Information Incomplete and poorly maintained land administration registers do not provide effective urban change information. Incomplete and poorly maintained land administration registers do not provide effective urban change information.Response Adopt a citizen, centric urban sensing paradigm that uses crowdsourcing as an effective source of urban change and land information. Adopt a citizen, centric urban sensing paradigm that uses crowdsourcing as an effective source of urban change and land information. Increase use of m(mobile)-government services based on cellular phones – land title on a phone. Increase use of m(mobile)-government services based on cellular phones – land title on a phone.

Land Governance & MGDs24 Crowdsourcing Example -Ushahidi Crowdsourcing Example -Ushahidi Allows Africans caught up in political unrest to report incidents of killing, violence and displacement. Allows Africans caught up in political unrest to report incidents of killing, violence and displacement. An open source tool to crowdsource information in times of crisis. An open source tool to crowdsource information in times of crisis. A simple goal to aggregate information from the public for use in crisis response. A simple goal to aggregate information from the public for use in crisis response. Ushahidi is used to identify areas where aid is required

Land Governance & MGDs25

Land Governance & MGDs26 Final Messages Integrate land policy with the economic growth and poverty reduction policies. Integrate land policy with the economic growth and poverty reduction policies. Provide a set of tools to convince politicians to place Land within the heart of the national development framework. Provide a set of tools to convince politicians to place Land within the heart of the national development framework. Develop more pragmatic and cheaper land administration and management solutions, especially for slum upgrading and prevention. Develop more pragmatic and cheaper land administration and management solutions, especially for slum upgrading and prevention. Engage citizens more effectively in urban information collection to support land administration and management. Engage citizens more effectively in urban information collection to support land administration and management.