Formulating a sectoral approach to urban land policy: The case of Kenya Robin McLaren Know Edge Ltd [email protected] Land Governance in Support

Formulating a sectoral Formulating a sectoral approach to urban land approach to urban land

policy: The case of Kenyapolicy: The case of Kenya

Robin McLarenRobin McLaren

Know Edge LtdKnow Edge Ltd

[email protected]@knowedge.comm

Land Governance in Support Of The MDGs: Land Governance in Support Of The MDGs: Responding To New ChallengesResponding To New Challenges

Washington, DC Washington, DC March 9March 9thth & 10 & 10thth 2009 2009

mailto:[email protected]

mailto:[email protected]

Land Governance & MGDsLand Governance & MGDs 22

OutlineOutline Kenya at a glanceKenya at a glance The land legacyThe land legacy The new National Land PolicyThe new National Land Policy Challenges & responses to implementing Challenges & responses to implementing

the National Land Policythe National Land Policy


Key Messages / IssuesKey Messages / Issues

Is the new National Land Policy a step too Is the new National Land Policy a step too far and fast for politicians to endorse?far and fast for politicians to endorse?

Can Kenya afford the implementation or Can Kenya afford the implementation or should more pragmatic and cheaper should more pragmatic and cheaper solutions be adopted?solutions be adopted?

How can we create multi-sectoral solutions How can we create multi-sectoral solutions when components of government aren’t when components of government aren’t joined up?joined up?

Can the role of the citizen in gathering Can the role of the citizen in gathering information for urban land administration information for urban land administration and management be better exploited?and management be better exploited?


Kenyan at a GlanceKenyan at a Glance

Country’s population ~ 37.5 million at Country’s population ~ 37.5 million at an overall growth rate of 2.6% (2007). an overall growth rate of 2.6% (2007).

Only 15% of the land is fit for Only 15% of the land is fit for agricultural production.agricultural production.

Absolute poverty in the urban areas Absolute poverty in the urban areas now stands 49%. now stands 49%.

The land distribution pattern in Kenya The land distribution pattern in Kenya is very much skewed. In Nairobi 5% of is very much skewed. In Nairobi 5% of the land is currently housing 75% of the land is currently housing 75% of the city’s population. the city’s population.


UrbanisationUrbanisation

Increase in Increase in urbanisation:urbanisation:

196319638%8%

1989198919%19%

20152015~50%~50% Some urban centres, Some urban centres,

Nairobi in particular, Nairobi in particular, have doubled in have doubled in population over the population over the past decade. past decade.


Kenya and LandKenya and Land

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


Kenya and Land LegacyKenya and Land Legacy

It was expected that the It was expected that the transfer of power from colonial transfer of power from colonial authorities to indigenous elites authorities to indigenous elites would lead to fundamental would lead to fundamental restructuring of the legacy on restructuring of the legacy on land. land.

This did not materialise and This did not materialise and the result was a general re-the result was a general re-entrenchment and continuity entrenchment and continuity of colonial land policies, laws of colonial land policies, laws and administrative and administrative infrastructure. infrastructure.

[Source: www.twitter.com]


Urban PlanningUrban Planning The majority of developments within the The majority of developments within the

Kenyan urban centres are haphazard and Kenyan urban centres are haphazard and have mainly taken place outside urban have mainly taken place outside urban planning intervention. planning intervention.

Physical planning is beset nationally by a Physical planning is beset nationally by a complex institutional arrangement.complex institutional arrangement.

[Source: World Bank]


Economic & Physical PlanningEconomic & Physical Planning

This situation is exacerbated by the This situation is exacerbated by the glaring disconnect between national glaring disconnect between national economic planning process and economic planning process and physical planning. physical planning.

Consequently, the physical Consequently, the physical development plans have not been development plans have not been recognised as essential instruments recognised as essential instruments for the development of urban for the development of urban centres, which are engines of growth. centres, which are engines of growth.


Housing Production and Demand Housing Production and Demand by Income Categoriesby Income Categories

0%5%

10%15%20%25%30%35%40%45%50%

Low LowerMiddle

UpperMiddle

High

SupplyDemand

[Source: Department of Housing, Government of Kenya, 2006]


Informal SettlementsInformal Settlements Kibera, Nairobi, Kenya Kibera, Nairobi, Kenya

(Nubian word meaning (Nubian word meaning "forest" or "jungle." )"forest" or "jungle." )

Largest slum in Africa Largest slum in Africa with estimated 0.6M -with estimated 0.6M -1.2M population1.2M population

Even though Kenya’s informal settlements house Even though Kenya’s informal settlements house the majority of the country’s urban population, the majority of the country’s urban population, the residents of these settlements are treated as the residents of these settlements are treated as if they were invisible.if they were invisible.


New National Land Policy for New National Land Policy for KenyaKenya

A Key Component of the SolutionA Key Component of the Solution

““To guide the country towards To guide the country towards efficient, sustainable and efficient, sustainable and equitable use of land for equitable use of land for prosperity and posterity”prosperity and posterity”


Inclusive Process of Formulating Inclusive Process of Formulating National Land PolicyNational Land Policy

Process launched at a Stakeholders’ Process launched at a Stakeholders’ Workshop in February 2004, with a wide Workshop in February 2004, with a wide range of participants drawn from public range of participants drawn from public and private sectors and civil society. and private sectors and civil society.

Approved by the Cabinet in September Approved by the Cabinet in September 20072007

Not approved by Parliament prior to the Not approved by Parliament prior to the national elections in December 2007national elections in December 2007 Still not approved by Still not approved by current parliamentcurrent parliament

[Source: www.bbc.co.uk]


National Land PolicyNational Land PolicyKey Changes to Land GovernanceKey Changes to Land Governance

A democratic and decentralised land A democratic and decentralised land governance system.governance system.

Rationalised land laws.Rationalised land laws. Communal ownership of land and Communal ownership of land and

customary land rights re-established.customary land rights re-established. Overall framework for dealing with Overall framework for dealing with

land use planning, development land use planning, development control and environmental control and environmental management issues.management issues.


National Land PolicyNational Land PolicyKey Changes to Land GovernanceKey Changes to Land Governance

Land Information Management System Land Information Management System as part of National Spatial Data as part of National Spatial Data Infrastructure.Infrastructure.

Improved opportunities for tax collection.Improved opportunities for tax collection. Multi-sectoral approach taking into Multi-sectoral approach taking into

account all related sectors such as account all related sectors such as agriculture, livestock, water, energy, agriculture, livestock, water, energy, human settlement, industry, tourism, human settlement, industry, tourism, wildlife, forestry and fisheries.wildlife, forestry and fisheries.


National Land Policy Support of National Land Policy Support of MGDsMGDs

New National Land Policy

Economic, Social & Environmental Policies

Goal 1Eradicate ExtremePoverty

Goal 3PromoteGenderEquality

Goal 7EnsureEnvironSustain

Goal 8DevelopGlobal Partner

1a 1b 3a 7a 7d 8f


Key Challenges in Implementing the Key Challenges in Implementing the NLPNLP

Political SupportPolitical Support Politicians have most to loose - they have used land Politicians have most to loose - they have used land

as political favours and used their powers to acquire as political favours and used their powers to acquire land. land.

ResponseResponse Collaboratively develop a robust business case to Collaboratively develop a robust business case to

prioritise the implementation of the policy to prioritise the implementation of the policy to maximise the return on investment. maximise the return on investment.

Use the economic justification to leverage support Use the economic justification to leverage support and convince politicians and senior civil servants of and convince politicians and senior civil servants of the policy’s role in the structural development and the policy’s role in the structural development and transformation of the economy, leading to growth, transformation of the economy, leading to growth, poverty reduction and social stability. poverty reduction and social stability.

Place Land in the heart of the national development Place Land in the heart of the national development framework. framework.



AffordabilityAffordability GDP in 2006 of US$22.8 billion and a total GDP in 2006 of US$22.8 billion and a total

debt/GDP of US$28.7 billion.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.

ResponseResponse Create a sustainable business model to support Create a sustainable business model to support

land administration and management.land administration and management. Build trust between the land governance Build trust between the land governance

arrangements and the financial services sector.arrangements and the financial services sector. Continually seek faster, cheaper and more Continually seek faster, cheaper and more

innovative solutions for land administration.innovative solutions for land administration.



Reduction in CorruptionReduction in Corruption The Kenya Bribery Index 2005 showed that The Kenya Bribery Index 2005 showed that

65.7% of the people visiting the Ministry of 65.7% of the people visiting the Ministry of Lands might be asked for a bribe. Lands might be asked for a bribe.

ResponseResponse Create fully accountable and independent Create fully accountable and independent

land governance arrangements supported land governance arrangements supported by a Land Information Management by a Land Information Management System to generate the necessary System to generate the necessary transparency and accountability.transparency and accountability.



Solutions to Informal SettlementsSolutions to Informal Settlements Estimated housing demand will be 12 million Estimated housing demand will be 12 million

quality dwelling units by 2030.quality dwelling units by 2030. Kenya Slum Upgrading Programme to improve Kenya Slum Upgrading Programme to improve

the lives and livelihoods of an estimated 5.4M the lives and livelihoods of an estimated 5.4M people in slums and informal settlements in people in slums and informal settlements in urban areas by 2020 – only a few hundred last urban areas by 2020 – only a few hundred last year.year.

ResponseResponse Need slum upgrading and prevention tools that Need slum upgrading and prevention tools that

are less complex and resource intensive, are are less complex and resource intensive, are built around a ‘range of rights’ and are scalable.built around a ‘range of rights’ and are scalable.


Key Challenges in Implementing Key Challenges in Implementing the National Land Policythe National Land Policy

Multi-sectoral ApproachMulti-sectoral Approach Effective land management requires coordination Effective land management requires coordination

and cooperation among different sector such as and cooperation among different sector such as agriculture, water, energy, industry, tourism, etc. agriculture, water, energy, industry, tourism, etc.

Current institutional arrangements and behaviour Current institutional arrangements and behaviour don’t support the necessary level of co-operation.don’t support the necessary level of co-operation.

ResponseResponse This requires strong relationships at the central This requires strong relationships at the central

government level to co-ordinate policies as well at government level to co-ordinate policies as well at the local level to co-ordinate implementation. the local level to co-ordinate implementation.

This level of cooperation is challenging for any This level of cooperation is challenging for any government and may require institutional reforms government and may require institutional reforms to allow it to happen more effectively. to allow it to happen more effectively.

Need to integrate land policy with the economic Need to integrate land policy with the economic growth and poverty reduction policies.growth and poverty reduction policies.



Land Information Management System (LIMS)Land Information Management System (LIMS) Kenya faced with customising a LIMS Kenya faced with customising a LIMS

solution to manage their formal and solution to manage their formal and customary tenures.customary tenures.

High costs and on-going license fees.High costs and on-going license fees.

ResponseResponse Develop a generic LIMS solution that is Develop a generic LIMS solution that is

based on open standards and Free and based on open standards and Free and Open Source Software (FOSS).Open Source Software (FOSS).

Capacity build rather than pay licenses fees Capacity build rather than pay licenses fees – more sustainable solution.– more sustainable solution.



Urban Change InformationUrban Change Information Incomplete and poorly maintained land Incomplete and poorly maintained land

administration registers do not provide administration registers do not provide effective urban change information. effective urban change information.

ResponseResponse Adopt a citizen, centric urban sensing Adopt a citizen, centric urban sensing

paradigm that uses crowdsourcing as an paradigm that uses crowdsourcing as an effective source of urban change and land effective source of urban change and land information.information.

Increase use of m(mobile)-government Increase use of m(mobile)-government services based on cellular phones – land title services based on cellular phones – land title on a phone.on a phone.


Crowdsourcing Example -UshahidiCrowdsourcing Example -Ushahidi

Allows Africans caught up Allows Africans caught up in political unrest to report in political unrest to report incidents of killing, incidents of killing, violence and violence and displacement.displacement.

An open source tool to An open source tool to crowdsource information crowdsource information in times of crisis.in times of crisis.

A simple goal to A simple goal to aggregate information aggregate information from the public for use in from the public for use in crisis response. crisis response.

http://www.ushahidi.com

Ushahidi is used to Ushahidi is used to identify areas where identify areas where aid is requiredaid is required



Final MessagesFinal Messages

Integrate land policy with the economic Integrate land policy with the economic growth and poverty reduction policies.growth and poverty reduction policies.

Provide a set of tools to convince politicians Provide a set of tools to convince politicians to place Land within the heart of the to place Land within the heart of the national development framework.national development framework.

Develop more pragmatic and cheaper land Develop more pragmatic and cheaper land administration and management solutions, administration and management solutions, especially for slum upgrading and especially for slum upgrading and prevention.prevention.

Engage citizens more effectively in urban Engage citizens more effectively in urban information collection to support land information collection to support land administration and management.administration and management.

Documents

Formulating a sectoral approach to urban land policy: The case of Kenya Robin McLaren Know Edge Ltd [email protected] Land Governance in Support