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PB 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
S T R AT E G I C P L A N : 2 0 1 3 - 2 0 1 8
Our Land, Our Wealth, Our Heritage
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According to the Constitution of Kenya 2010, Article 260:
“Land” includes:
a. Th e surface of the earth and the subsurface rock;
b. Any body of water on or under the surface;
c. Marine waters in the territorial sea and the exclusive economic zone;
d. Natural resources completely contained on or under the surface; and
e. Th e air above the surface.
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Ta bl e of C on t en t sForeword ............................................................................................. 5Acknowledgement ............................................................................. 6Acronyms and Abbreviations ........................................................... 7Executive Summary ........................................................................... 8Chapter One ........................................................................ 10Introduction ........................................................................................ 101.1 Historical Background ............................................................ 101.2 Land in the Development Context ....................................... 101.2.1 Africa Context on land issues ................................................ 101.2.2 National Context ...................................................................... 111.3 Initiatives towards land reforms in Kenya ........................... 111.4 Justification for the development of the strategic plan ..... 121.5 Structure of the Strategic Plan .............................................. 13Chapter Two ....................................................................... 142.1 Overview ................................................................................... 142.2 Background ............................................................................... 142.3 Mandate of the National Land Commission ...................... 142.3 Linkages with other Sectors of the Economy .................... 182.4 Enabling policy and legal framework ................................... 20Chapter Three ..................................................................... 233.0 Overview ................................................................................... 233.1 SWOT Analysis ........................................................................ 233.2 PESTEL Analysis .................................................................... 243.3 Stakeholder Analysis ................................................................ 28Chapter Four ....................................................................... 31Strategic Direction ............................................................................. 31Chapter Five ........................................................................ 34Implementation and Co-ordination Framework ........................... 345.1 Introduction .............................................................................. 345.2 Strategic Plan Implementation Matrix .................................. 345.3 Implementation Approach ..................................................... 345.4 Strategic Plan Co-ordination .................................................. 345.5 Responsibilities and roles ........................................................ 34Chapter Six .......................................................................... 37Resource Mobilization, accountability and risk assessment ........ 376.1 Overview ................................................................................... 376.2 Resource requirement ............................................................. 37 Table 6:1 Projected Resource requirement ......................... 376.3 Resource Mobilization strategies ........................................... 386.3.1 Government Funding ............................................................. 386.3.2 Development Partners ............................................................ 386.3.3 Partnering with stakeholders .................................................. 386.4 Accountability ........................................................................... 386.5 Risks assessment ...................................................................... 386.5.1 Strategic Risks ........................................................................... 386.5.2 Financial Risks .......................................................................... 396.5.3 Operational Risks ..................................................................... 396.5.4 Technological Risks ................................................................. 396.5.5 Organizational Risks ............................................................... 396.5.6 Political Risks ............................................................................ 396.6 Mitigation, Monitoring and Reporting of Risks ................. 39Chapter Seven ..................................................................... 41Monitoring, Evaluation and Reporting ........................................... 41 Appendix 1: Implementation Matrix .......................................... 43
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The National Land Commission is an Independent government Commission established under the
Constitution of Kenya to manage public land on behalf of the national and county governments. It is
established under the National Land Commission Act, 2012. The Commission derives its functions and powers
from the Constitution and National Land Acts.
Land has been and will continue to be the mainstay of Kenya’s economy. This resource has continued to
play a significant role in the socio-economic and political development of the country. Therefore, its ownership,
allocation, distribution and utilization are of great concern to all Kenyans. Historically, land administration and
management (mainly around issues of ownership, allocation, distribution and utilization) has faced numerous
challenges. However, the Constitution of Kenya 2010 addresses land as a primary element and entrenched the
National Land Commission to effectively address issues related to Land administration and management.
In view of this, the National Land Commission has developed this Strategic Plan. Effective implementation
of this strategic plan will therefore be important not only for the National Land Commission seeking to answer
the land question in Kenya, but for laying a strong foundation for the execution of its mandate in order to meet
the huge expectations of the people of Kenya as far as land matters are concerned.
This strategic plan is a product of a participatory and interactive process with stakeholders including land
experts. The plan takes cognizance of the centrality of land in the national development agenda as in outlined
national development agenda. The Plan as formulated is alive to the fact that land is the engine of socio-economic
and political development. Therefore, this strategic plan lays a clear road map for the Commission for the period
2013-2018. The strategies herein will be implemented through annual work plans by the directorates that will be
enforced through effective performance management based benchmarks.
My team of Commissioners and the entire Commission assure our stakeholders of our commitment to
professional and inclusiveness in the execution of our mandate of effective land administration and management
for sustainable socio-economic development of the country.
Dr. Muhammad A. Swazuri OGWChair, National Land Commission
Dr. Muhammad A. Swazuri OGWChair, National Land Commission
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This is the first Strategic Plan for the National Land Commission. The strategy formulation and development
process is a culmination of consultative process that involved National Land Commission, participatory
and interactive engagement with key stakeholders and consultations with key experts and professionals in the
land sector. The Strategic plan therefore articulates the shared vision, mission, strategic objectives direction and
strategies that the National Land Commission will use in the period 2013-2018 to effectively execute its mandate
as enshrined in Article 67 of the Constitution of Kenya 2010 and other subsequent Land Laws and subsidiary
legislations.
We acknowledge the dedication of the strategic plan development team that consisted of the Commissioners
and Directors and all those who contributed in one way or another in the preparation of this Strategic Plan. The
team and other stakeholders/partners exhibited patience, hard work, commitment and diligence in navigating
through the task of developing the first Strategic Plan for the National Land Commission. Therefore, we appreciate
the Chairman and the team of Commissioners for their able leadership and technical contributions towards the
development of this strategic plan. We thank heads of Directorates and staff for the efforts and commitment to
the land course in Kenya. We greatly value and thank all our stakeholders whose views, contributions and critique
spurred the development of this great strategic plan. Special thanks goes to the Kenya Land Alliance whose
support and input has seen the development of this strategic plan to fruition.
We take cognisance of the leadership role of the Ministry of Devolution and Planning in the strategic
planning process. As we move forward to make the Kenyan people realize their aspirations of effective, accountable
and responsive land management and administration, we are aware of the critical role of stakeholders in the
implementation of this plan.
Therefore, we at the National Land Commission are convinced that with the support of our stakeholders,
successful implementation of this Strategic Plan, 2013-2018 will be a reality.
66
Chavangi Aziz TomCommission Secretary/Chief Executive Offi cer
Acknowledgement
Chavangi Aziz TomCommission Secretary/Chief Executive Offi cer
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ADRs Alternative Dispute ResolutionsASALS Arid and Semi-arid LandsCEO Chief Executive OfficerCDMC Concern Development and Management ConsultantsCLMBs County Land Management BoardsCS Cabinet SecretaryGoK Government of KenyaGIS Geographical Information SystemsICT Information Communication TechnologyIFMIS Integrated Financial Management Information SystemIPCC Intergovernmental Panel on Climate ChangeKAA Kenya Airports AuthorityKDF Kenya Defence ForcesKeNHA Kenya National Highways Authority KeRRA Kenya Rural Roads AuthorityKFS Kenya Forestry Service KPA Kenya Ports AuthorityKNBS Kenya National Bureau of StatisticsKURA Kenya urban Roads Authority KWS Kenya Wildlife ServiceLPRC Land Policy Research CentreLUP Land Use PlanMDGs Millennium Development GoalsMoLHUD Ministry of Lands, Housing and Urban DevelopmentMoU Memorandum of UnderstandingMTP Medium Term PlanM&E Monitoring and EvaluationNIMES National Integrated Monitoring and Evaluation SystemNLC National Land CommissionNLIMS National Land Information Management SystemNLP National Land PolicyPESTEL Political Economic, Social, Technological, Environmental and LegalPMS Performance Management SystemRBM Results-Based ManagementSWOT Strengths Weaknesses Opportunities and ThreatsTDRs Traditional Dispute ResolutionsTOR Terms of Reference
Acronyms and Abbreviations
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O verview: Land is the mainstay of Kenya’s economy with 80% of the population deriving their livelihood
from agriculture. Key sectors of the economy also depend on accessibility and proper management of
land for sustainable development. The Kenya Vision 2030 recognizes land as a key factor of production. The
second Medium Term Plan (MTP) of Vision 2030 identifies key policy actions, reforms, programmes and projects
for implementation in the 2013-2018 period in line with its priorities. Majority of these projects identified require
land. Therefore based on strategic role of the National Land Commission in the implementation of the land
reforms as provided for in the Constitution and Kenya Vision 2030 and, the Second Medium Term Plan 2013-
2017, this plan is developed to align this role to dynamic operating environment and the strategic thinking of the
Government of Kenya.
The mandate of National Land Commission: The Sessional Paper No. 3 of 2009 on National Land
Policy proposed a National Land Commission to provide an efficient and equitable institutional framework for
land ownership, administration and management. The policy indicated that reforms are not likely to succeed in
the absence of a sound Constitutional framework. The National Land Commission is therefore an Independent
government Commission established under the Constitution of Kenya to manage public land on behalf of the
national and county governments. It is established under the National Land Commission Act, 2012.
Specific functions include: to manage public land on behalf of the National and County Government;
recommend a National Land Policy to the National Government; advise the National Government on a
comprehensive program for registration of title in land throughout Kenya; conduct research related to land and
the use of natural resources and make recommendations to appropriate authorities; initiate investigations on
its own initiative or on complaint into present or historical land injustices and recommend appropriate redress;
encourage the application of traditional dispute resolution mechanisms in land conflicts; assess tax on land and
premiums on immovable property in any area designated by law; monitor and have oversight responsibility over
land use planning throughout the Country; alienate public land; monitor the registration of all the rights and
interests in land; ensure sustainable management of land for their intended purpose and for future generation;
develop and maintain an effective land information management system at National and County levels; manage
and administer all unregistered trust land and unregistered community land on behalf of the county governments
and develop and encourage alternative dispute resolution mechanisms in land dispute handling and management.
Executive Summary
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The role of the Strategic Plan: This Strategic Plan was developed through a collaborative process
involving the Commission staff. The Plan provides a roadmap, framework, actions and institutional reforms that
the National Land Commission will implement within the next five years. While formulating this Strategic Plan,
a number of on-going conceptual issues regarding economic, social, political, governance and environmental has
been considered. The Strategic Plan articulates the Commission’s operations and outlines the medium term
strategies to achieve the goals and objectives of the Commission.
Strategic theme of the Plan: During the plan period, focus will be on the following strategic themes:
Conferment and management of land rights; National Land information management system; Land disputes
and conflict resolution; Sustainable management and use of land; and, Institutional capacity development and
management.
The vision, mission and core values: development of vision and mission statements is based on the legal
functions of the Commission. The Vision is: excellent administration and management of land for sustainable
development. The Mission is: To facilitate sustainable land use in Kenya through a holistic land policy, efficient
land management practices, equitable access to land, comprehensive land registration and applying appropriate
land dispute handling mechanisms. The Core Values are: Efficiency, Teamwork, Transparency and Accountability,
Innovativeness, Integrity and Professionalism.
Plan implementation and coordination: For effective implementation of this plan, Key Result Areas
(KRA) and strategies have been developed in order to actualize the legal and policy goals of the Commission.
KRAs are: Public land management and administration of land rights; National Land information management
system; Land disputes and conflict resolution; Sustainable management and use of land and natural resources; and
Institutional development and management;
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1.1 Historical Background
The centrality of land to human life made it the main reason for the struggle for Kenya’s independence from British colonial rule. Land has been and will continue to be the mainstay of Kenya’s economy. This
is because over 80% of the population derives livelihood from agriculture. This resource has continued to play a significant role in the socio-economic and political development of the country. Therefore, its ownership, allocation, distribution and utilization are of great concern to all Kenyans.
Grievances over land ownership in Kenya date back to colonial, post colonial and post independence era. The colonial objective was to entrench a dominant settler economy while subjugating the African economy through administrative and legal mechanisms. All land in Kenya (other than the 10-mile Coastal strip) was deemed to belong to the Crown (under the Crown Lands Act of 1902). The colonialists were therefore granted rights to own large chunks of land in the most agriculturally potential areas (the White Highlands) and the Africans relegated to the Native Reserves.
When it was clear that Kenya would eventually get independence, colonialists ensured that Property Rights Protection was guaranteed before the conclusion of the Lancaster House talks (1960 to 1962). This was in order to guarantee their settler position in independent Kenya and continue ownership of their large chunks of land, or have the right to dispose it gainfully.
In the late 1980s to about 2002, due to misuse of political power public land was illegally and irregularly allocated resulting to unequal access to land. in the late 1980s up to the 1990s, illegal and irregular land allocations also known as “land grabbing” intensified to the extent that land meant for public purposes was acquired by individuals and corporations.
1.2 Land in the Development Context
1.2.1 Africa Context on land issues
The Africa Union Heads of State and Government meeting in Addis Ababa, in July 2009 passed a resolution on the declaration on land issues and challenges in Africa recognizing the centrality of land to sustainable
socio-economic growth, development and the security of the social, economic and cultural livelihoods of the people. The member states resolved to ensure that land laws provide for equitable access to land and related resources among all land users including the youth and other landless and vulnerable groups such as displaced persons. There was also resolution to strengthen security of land tenure for women which require special attention. The member states specifically undertook to:• Prioritize, initiate and lead land policy development and implementation processes in our countries,
notwithstanding the extent of multi-stakeholder contribution to such processes involving also civil society, private sector.
• Support the emergence of the institutional framework required for the effective development and
Chapter OneI N T R O D U C T I O N
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implementation of land policy.• Allocate adequate budgetary resources for land policy development and implementation processes, including
the monitoring of progress. 1.2.2 National Context The Kenya Vision 2030 and the second Medium Term Plan (MTP) identify land as a vital factor of production in the economy, providing the foundation for economic activities such agriculture, water management, settlement, tourism, wildlife, forestry, among others. It is not only a critical factor in economic development but also in social, political and cultural development of the country. Therefore, secure access, sustainable land use planning and equitable distribution of land are important for food and nutrition security, attraction of foreign investments, employment generation, foreign exchange earnings, and industrialisation.
The Constitution makes fundamental changes in the guiding principles for the management of the resources in the country. The imperative of this is that, under the Vision 2030 and the MTP 2013-17 framework, a review of all policy, legal and institutional instruments will be required to ensure compliance and conformity of land administration and management interventions with the Constitution in a manner that supports achievement of the Vision 2030 objectives. The envisaged land reforms are classified as key enablers in the Kenya Vision 2030 upon which economic, social and political pillars have been anchored. The reforms are aimed at improving equitable access to land and ensuring better utilization of the natural resource. Therefore, efficient land administration and management through appropriate land use policies, legal, regulatory and institutional reforms cannot be overemphasised.
1.3 Initiatives towards land reforms in Kenya
Land plays a significant role in industrial and commercial developments while its use impacts heavily on environmental sustainability. However, previous challenges in the land sector in Kenya that required urgent
legal, policy and other reforms included the land colonial history, a proliferation of statutes governing ownership and use of land, broad socio-economic patterns and demographic trends that have continuously exerted pressure on usable land. Other issues in the land debate included the optimal economic use of land, rural and urban development, squatting, the quality and security of tenure and the protection of the environment.
There were many weaknesses in the previous Constitution with regard to land. The Constitution considered land merely as ‘property’, and failed to recognize its unique and complex nature. It also made no effort to deal with the legacy of unlawful acquisition of public land by the colonial administration, or the complexity of multiple legal land regimes including customary land tenure. Further, the Constitution failed to tackle the exclusion of women and indigenous groups from land ownership, and the problem of environmental degradation.
To address these ideological, legal and socio-economic challenges the following land reform initiatives were undertaken:• The Njonjo Commission of Inquiry into Land Law systems of 1999 was tasked with developing principles for
a National Land Policy framework, the Constitutional position of land and formulation of a new institutional framework for land administration.
• The Ndung’u Land Commission of June 2003: was tasked with investigating the illegal/irregular land allocations. The Commission’s report paved way for the current legal framework and reforms in the land sector.
• Sessional Paper No. 3 of 2009 on National Land Policy: was thus formulated to provide an overall framework and defined key measures required to address the critical issues of land administration, access to land, land use planning, restitution of historical injustices, environmental degradation, conflicts, unplanned proliferation of informal urban settlements, outdated legal framework, institutional framework and information management. The policy sought to address Constitutional issues, such as compulsory acquisition and development control as well as tenure. The need for security of tenure for all Kenyans including all socio-economic groups, women,
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pastoral communities, informal settlement residents and other marginalized groups are recognized in the policy.
• The Constitution of Kenya 2010: Land ownership, use and management was one of the key considerations in the Constitution. Chapter Five of the Constitution sets out principles governing land and also requires all laws relating to land to be revised, consolidated and rationalized within certain timelines. The following Acts have since been legislated to provide a comprehensive legal framework on land administration and management in Kenya;
• The National Land Commission Act, 2012• The Land Act, 2012• The Land Registration Act, 2012
The above Land laws ushered in a new institutional framework in land management and use. However, despite the progressive reforms, numerous legislations in the agriculture, forestry and wildlife conservation sectors remain un-repealed, thereby posing a challenge to consistence and comprehensive land reforms. Most significant of these are: The Land Control Act, and Distress for Rent Act.
• Kenya Vision 2030: the Vision 2030 and the second MTP framework stipulate policy, legal and institutional instruments required to ensure compliance and conformity of land administration and management interventions with the Constitution in a manner that supports achievement of the Vision 2030 objectives. The Vision identifies land reforms as key enablers aimed at improving fair access to land and ensuring better utilization of the natural resource. Therefore, efficient utilization of land resource calls for effective implementation of land reforms through appropriate land use policies, legal, regulatory and institutional reforms.
1.4 Justification for the development of the strategic plan
Development of Strategic Plans is part of the wider government reform agendas introduced in 2003. Strategic planning as a key component of the Results based management tool will facilitate the National
Land Commission focus towards achieving its policy and legal mandate of carrying out land administration and management efficiently, equitably and sustainably. It requires that sustainable and efficient utilization of public resources in the delivery of core Government services and in this case Constitutional land reforms, services and attainment of the national and internationally agreed goals are met.
This is the first Strategic Plan for the Commission. The Plan will provide the requisite roadmap for the Commission to implement its Constitutional mandate and initiatives, and tailored to meet the anticipated challenges while ensuring the achievement of the Kenya Vision 2030
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thththhht e e Cooommm issiiionnn ttttto oo imimplp emene t its Constitutional mandate and initiatives, and taaililorororredededed ttoo mememem eeet the anticipatedchchhhhalllala lellelengngngngggese whihihih lel ensnsnnsurururrininini g g the acachih eve emmmenent t off thehe Kene ya VVision 2030
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2.1 Overview
This chapter presents the institutional setup of the Commission including its mandate. Linkages between land management and administration, and other sectors of the economic as stipulated in the country’s economic
agenda, the Vision 2030 are also provided.
2.2 Background
The National Land Policy (NLP) as adopted by Parliament in December 2009 proposed establishment of an efficient and equitable institutional framework for land ownership, administration and management. The
policy states: the government shall establish a National Land Commission to carry out land administration and management efficiently, equitably and sustainably. The policy further stipulated that land policy reforms would not succeed in the absence of a sound Constitutional framework. Section 41 of the National Land Policy requires that the Constitution shall provide for the establishment of a National Land Commission (NLC) to carry out efficient, equitable and sustainable land administration and management.
Consequently, NLC was adopted as a Constitutional body under Chapter Fifteen of the Constitution (on Commissions and Independent Offices) and it has the powers, privileges and authority as accorded to such commissions under the Constitution. Moreover, the National Land Commission is established under Article 67 of the Constitution. Apart from the obligations outlined in the Constitution and the National Land Policy (NLP), the mandate of the Commission stretches to the various functions assigned to it by the various Land Laws including the National Land Commission Act, 2012, the Land Act, 2012 and the Land Registration Act, 2012.
2.3 Mandate of the National Land Commission
The broad mandate of the Commission is derived from the Constitution of Kenya 2010 and the enabling statutes; namely the National Land Commission Act, 2012, Land Act, 2012 and the Land Registration Act,
2012. Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following thirteen principles listed in table 2.1 below.
Chapter TwoI N S T I T U T I O N A L S E T U P O F T H E N A T I O N A L L A N D C O M M I S S I O N
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Table 2:1 Principles of land administration and management (Article 60(1) and Land Act sec. 4(2))NO PRINCIPLE1. Equitable access to land;2 Security of land rights;3 Sustainable and productive management of land resources;
4 Transparent and cost effective administration of land;5 Sound conservation and protection of ecologically sensitive areas;6 Elimination of gender discrimination in law, customs and practices related to land and property in land;7 Encouragement of communities to settle land disputes through recognized local community initiatives
consistent with this constitution (traditional dispute resolution mechanisms – TDR);8 Participation, accountability and democratic decision making with the communities, the public and the
Government;9 Technical and financial sustainability;10 Affording equal opportunity to members of all ethnic groups;11 Non-discrimination and protection of the marginalized;12 Democracy, inclusiveness and participation of the people; and13 Alternative Dispute Resolution (ADR) mechanisms in land dispute handling and management.
Underlying the values and principles of land is Article 40 of the Constitution that guarantees every Kenyan, ownership of property in any part of the country. Thus every person has the right, either individually or in association with others, to acquire and own property of any description; and in any part of Kenya. NLC is the de-facto Commission charged with bringing about land reforms as expounded below in the following three Acts. These Acts provide for an institutionally balanced national land government framework with significant transfers of functions and authority to the Commission as delineated below in the Constitution (2010); National Land Commission Act (2012); the Land Act (2012) and the Land Registration Act (2012). The broad mandate of the National Land Commission can be categorized as per the following constitutional and statutory functions:
The nine functions under the Constitution of Kenya 2010 Article 67 (2, 3)1. Manage public land on behalf of the national and county governments; 2. Recommend a national land policy to the national government; 3. Advise the national government on a comprehensive programme for the registration of title in land throughout
Kenya; 4. Conduct research related to land and the use of natural resources, and make recommendations to appropriate
authorities; 5. Initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and
recommend appropriate redress; 6. Encourage the application of traditional dispute resolution mechanisms in land conflicts; 7. Assess tax on land and premiums on immovable property in any area designated by law; 8. Monitor and have oversight responsibilities over land use planning throughout the country; and9. Perform any other functions prescribed by national legislation.
It is important to note that the ninth Constitutional function is what gives rise to all the other functions in the various Acts. Thus, all the other statutory functions are directly hinged into the Constitution, giving them strength of the Constitution.
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The twelve functions under the National Land Commission Act 2012
1. Alienate public land,on behalf of, and with the consent of the national and county governments;2. Monitor the registration of all rights and interests in land; 3. Ensure that public land and land under the management of designated state agencies are sustainably managed
for their intended purpose and for future generations; 4. Develop and maintain an effective land information management system at national and county levels; 5. Manage and administer all unregistered trust land and unregistered community land on behalf of the county
government; 6. Develop and encourage alternative dispute resolution mechanisms in land dispute handling and management;7. Ensure all unregistered land is registered within 10 years;8. Within five years, of commencement of this Act, on its own motion or upon a complaint by the national
or a county government , a community or an individual, review all grants and dispositions of public land to establish their propriety or legality;
9. Within two years, upon appointment recommend to parliament appropriate legislation to provide for investigation and adjudication of claims arising out of historical land injustices;
10. The Commission shall establish offices in the counties and may establish other offices in the sub-counties as it may consider necessary;
11. In consultation and cooperation with the national and county governments establish county land management boards for the purpose of managing public land in accordance with Section 18(1) of the NLC Act; and
12. The Commission shall make regulations for the better carrying out of its functions, and such regulations shall be tabled in Parliament for approval.
The thirty-five functions under the Land Act, 2012
1. Identify, prepare and keep a database of all public land;2. Share data with the public and relevant institutions in order to discharge their respective functions and powers;3. Recommend policies on land to the Cabinet Secretary who will develop them; 4. Cause a register on public land to be kept; 5. Make rules on conversion of land, and these rules to be tabled in Parliament;6. Regulate and control the conversion of land from one category to another;7. Prescribe guidelines for the management of public land by all public agencies, statutory bodies and state
corporations in actual occupation or use of public land; 8. Maintain public land that has endangered or endemic species of flora and fauna, critical habitats or protected
areas;9. Identify and demarcate ecologically sensitive areas that are within public lands and prevent environmental
degradation and climate change in consultation with existing institutions on conservation;10. Allocate public land on behalf of the National and county governments; 11. Set aside land for investment purposes ensuring that investments in the land benefit local communities and
their economies; 12. In consultation with the National and county governments, allocate land to foreign governments on a
reciprocal basis in accordance with the Vienna Convention on Diplomatic Relations; 13. Make regulations prescribing the criteria for allocation of land and for connected matters;14. Make rules for extension of leases;15. Issue public notices before allocation of public land;16. In connection with the national and county governments, reserve land for public interest; 17. Undertake an inventory of all land based natural resources; 18. Approve plans for the development, management and use of reserved public land vested in a management
body but in compliance with relevant law on development control;19. Make rules and regulations for the sustainable conservation of land based natural resources; 20. Grant licences for temporary use of public land;
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21. Receive rents, royalties in respect to leases or licences; 22. Receive requests from national or county government to compulsorily acquire land on their behalf in public
interest or public use;23. Prescribe criteria and guidelines to be adhered to by the acquiring authorities in the acquisition of land;24. Make rules to regulate the assessment of just compensation in regard to compulsory acquisition; 25. Hold inquiry, award and promptly pay a just compensation before taking possession of the acquired land; 26. Implement settlement programmes on behalf of the national and county governments; 27. Reserve public land for the establishment of approved settlement programmes;28. Assist the national and county governments in the adminstration of settlement programmes; 29. Purchase private land for settlement (where public land is not available) subject to the Public Procurement and
Disposal Act, 2005 or any other law;30. Determine sum of money to be paid by settlement beneficiaries; 31. Administer Land Settlement Fund; 32. Consult and co-operate with the departments responsible for land, finance, agriculture, environment and
natural resources, and special programmes and with the relevant county government; 33. Power to create a right of way which shall be known as public right of way;34. Duty to order unlawful occupiers of public land to vacate them; and 35. Duty to order persons who wrongfully obstruct public rights of way and those who encroach on public rights
of way to either vacate and/or remove the obstructions.
The six functions under the Land Registration Act, 2012
1. Constitute registration units in consultation with national and county governments;2. Determine the form of a land register that shall be maintained, in each registration unit; 3. Appoint a date for geo- referencing plans to be kept in a land registry;4. Be a depository for maps: the office or authority responsible for the survey of land shall submit to the
Commission a copy of the cadastral maps for depositing; 5. Prescribe (through regulations) guidelines that the Registrar shall follow before rectifying or directing
rectification of a register or document where the document in question has been obtained by fraud; 6. Advise Cabinet Secretary in making regulations, rules or prescribing any matters required under this act and
such regulations or rules shall be tabled before parliament for approval.
The above functions can be grouped into four main fundamental areas:i. The administration and management of land;ii. Ensuring that all unregistered land is registered;iii. Historical land injustices are attended to; andiv. Review all grants or dispositions (titles, leases, deeds, transfers) of public land to ensure their propriety or
legality.
The foregoing Acts provide the grounds for a robust legal framework for gender equitable land rights as augmented by the Constitution. There is need for the NLC in partnership with other stakeholders particularly government legislative bodies to work together in improving the legal framework governing land with the primary goal of facilitating land reforms and improving land tenure security especially for those living in informal settlements; rural poor and marginalized communities. To carry out these vital land reforms as illustrated above, the Commission is guided by the powers presented in table 2.2 below. Such powers include but are not limited to those presented.
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Table 2:2 Powers of the National Land Commission No. POWERS
1. Gather by such means as it considers appropriate , any relevant information including requisition of reports , records, documents , or any other information from any source, including and State organ, and to compel the production of such information where it considers necessary;
2. Hold inquires for purposes of performing its functions under the National Land Commission Act;3. Take any measures it considers necessary to ensure compliance with the principles of land policy set out
in Article 60 of the Constitution;5. May inform itself in such manner as it may consider necessary;6. May receive written or oral statements;7. It is not bound by strict rules of evidence;8. May exercise any other powers prescribed by legislation , in addition to the powers conferred by the
constitution;9. Powers necessary for conciliation, mediation and negotiation;10. Powers to recruit its own staff;11. Power to issue a summons to witness to assist for the purposes of its own investigation;12. Where the Commission finds that a title was irregularly acquired, the Commission shall take appropriate
steps to correct the irregularity and may also make consequential orders’13. Right to entry into public land;14. Have power to enter and inspect land identified for compulsory acquisition to ascertain suitability of the
land as provided for in section 108(1) of the Land Act.15. The NLC shall have power to make regulations to secure the land rights of the minority communities, to
prevent and manage land-based disasters, to establish, plan and manage refugee camps, to deal with issues that arise from IDPs in accordance with section 160(2) of the Land Act.
16. The NLC shall also have the power to make regulations with respect to squatters;i. To establish appropriate mechanisms for their removal from unsuitable land and settlement;ii. To facilitate negotiation between private owners and squatters in cases of squatter settlements found
on private land;iii. To transfer un-utilized land and land belonging to absentee land owners to squatters; andiv. To facilitate the regularization of existing squatter settlements found on public and community land
for purposes of upgrading or development.
2.3 Linkages with other Sectors of the Economy
The National Land Policy recognises land has several values including economic, cultural, social and environmental, and makes proposals for the realization of these multiple values. It stipulates that tenure
as a means to access land is central to the realization of these values. The land sector, its administration and management is intricately linked to other sectors/activities including strategies to manage emerging issues in the economy like climate change. The import of the linkages below is that the land sector cannot be managed in isolation of what goes on in the other sectors, and vice versa. Therefore, the strategic plan envisages an integrated management approach to Land administration and management.
2.3.1 Agriculture
Agriculture is the mainstay of Kenya’s economy, contributing 24 % of the GDP (GoK, 2011). The Agriculture Act (Cap 318) of 1986 focuses on sustainable agricultural practices in order to protect and conserve the country’s environment. A major characteristic of the Agriculture Development Strategy is to transform land use to ensure better utilization of high and medium potential lands and to increase the productivity and development
18 1919
of the Arid and Semi-Arid Lands (ASALS). Reforms in land administration and management will take cognizance of this direction of resource management in the agricultural sector, which is clearly amplified in the Land Policy and the related Land laws.
2.3.2 Commerce, Industry and Infrastructural Development. The majority of Kenya’s human populations are living in the rural areas, practicing subsistence agriculture as a means of livelihood, and as the major land use. For future economic growth, there will be need to promote non-land based economic activities. Land use planning will be critical in providing for these needs. A balance of land use must therefore be identified, so that these developments are not at the expense of food security. The Commission will implement its mandate of oversight responsibility in land use planning throughout the country, including providing guidance on land use policy to the National Government. Global needs of the economy, especially for land and sustainable management of the same will be of priority.
2.3.3 Infrastructure Vision 2030 prioritized improved infrastructural network to connect different parts of the country through the establishment of roads, railways, ports, airports, waterways and telecommunications. Such infrastructural networks will promote the involvement of the private sector in National development, including in the Land sector. These developments must be planned well to avoid negatively impact on other land uses and the environment. This calls for the integration of the various sectoral plans into the broader National Land use plans. Establishment and management of a National Land Information Management System (NLIMS) will facilitate comprehensive land use planning that will also direct planning at the County levels. This will cater for the various forms of infrastructure such as settlements, energy, water, health facilities, schools, churches etc.
2.3.4 Natural Resource management Kenya is endowed with natural resources such as wildlife, forests, minerals, water and biodiversity, and recently, oil deposits; all based on land. Wildlife is an important aspect of the tourism Industry. Kenya Wildlife Service (KWS) is charged with the management of Parks, Wildlife, conservation areas and sanctuaries, and development of benefit sharing mechanisms with communities living with wildlife. KWS is also required to advise National Land Commission on establishment of parks, conservancies and sanctuaries. On the other hand Kenya Forest Service (KFS) is charged with the management of all forests, while the Water Resource Management Authority (WARMA) is charged with the management of water resources. NLC envisages developing the Community Land bill, 2013, besides implementing several land reforms. The Bill will provide mechanisms for the management of community land and related resources, including benefit sharing arrangements.
One of the Constitutional functions of the National Land Commission is to manage public land on behalf of the National and County Governments. Most of these resources are on public land. Therefore, the Commission has oversight responsibilities over all agencies charged with the management of natural resources e.g. Wildlife, Forests, Minerals, Water. The Wildlife Bill, 2013 makes proposals to address sustainable conservation of Wildlife. NLC will partner and collaborate with all stakeholders in wildlife conservation to resolve conflicts between humans and animals which are partly associated with land administration. The Commission will also monitor management of other natural resources. To achieve this, natural resource management has been institutionalized in the Commission’s establishment. In this strategic plan period, the responsible directorate will establish partnerships with all natural resource line managers, including counties to ensure that resources are used and managed sustainably.
2.3.5 Environment and Natural Resources exploitation Most activities that drive economic development are based on natural resources, and therefore on land, due to the latter hosting most of these resources. Most forms of development have negative impacts on the
2020 21
environment, making the linkage between management of land and environment complicated. Therefore land management must be supported by effective environmental management guidelines and regulations. Poor environmental management has resulted in negative impacts such as pollution, over-exploitation and climate change, which compromise productivity of land, and all resources associated with it.
Increasing human population continues to cause environmental degradation. In implementing the planned land reforms the Commission will through its oversight responsibility ensure that all developments on land are productive and sustainable. As the Commission focuses on the natural resources, the impact of resource utilization and management on the environment will be of priority.
2.3.6 National Culture and Heritage The Constitution mandates the State to protect heritage sites and the culture of indigenous communities. It recognizes customary practices as far as property and user rights are concerned. The ownership of ancestral lands and the attached resources is the foundation of the integrity of the people’s culture. The Commission will therefore develop a Community Lands Bill to bring to the fore concerns of community over land and allied natural resources.
2.3.7 Information, communication and legal Management of land has linkages with the information and communications sector, especially regarding the control and regulation of these sectors. Development of National Land Information Management System (NLIMS) will be a reality if issues of information, data integrity, security, access and retrieval are streamlined, accompanied with suitable legal safeguards. The Commission will consolidate the legal gains for effective realisation of the envisaged land reforms. NLIMS will enhance access to land information for effective and efficient decision making necessary for sustainable land administration and management.
2.3.8 Climate change Global climates will influence the future of the global economy, ecosystems and livelihoods of the rich and the poor (IPCC, 2007). Variations in climatic factors such as rainfall are bound to impact on productivity and shift the suitability of areas for current crops. Land-use guidelines to be developed by the Commission will factor climate change adaptation mechanism in the management of resources.
2.3.9 Population and livelihoods Population, livelihoods and land use are linked. The country’s population is heavily dependent on land as a principal source of livelihoods. By 2030, population is projected to be about 60 Million (KNBS, 2011). This population will present a challenge to sustainable development goals such as the Millennium development goals (MDGs). Population increase will also influence settlement patterns with people moving into new areas, such as the ASALS, intensifying rural- urban migrations, forest encroachment, clearing of natural vegetation, decrease of agricultural productivity due to change of land use, and increase in water abstraction rates. These pose challenges to implementation of effective land administration and management strategies.
2.3.10 Energy A greater section of the population relies heavily on biomass (fuel wood) as a major source of energy. This dependency is threat to forests, besides being a cause of climate change. Fossil based fuels are expensive and not environmentally friendly. However, impacts of the investments on the environment and natural resources will need monitoring by the Commission.
2.4 Enabling policy and legal framework
The above linkages necessitate that several policies and laws be reviewed for the lands sector to perform efficiently and effectively as required. The Kenya Communication Amendment Act, 2008 will facilitate
digital management of land. The ASAL Development Policy, Informal Settlement Policy, Irrigation Policy,
20 212121
industrialization policy, the National Housing Policy, National Urban Development Policy are some of the policies that need review. The Land registration Act, 2012 will be reviewed and NLC will take stock of the relevant policies and laws to ensure they are facilitative.
22 232222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222
22 2323
3.0 Overview
This chapter evaluates the Strengths, Weaknesses, Opportunities and Threats (SWOT) and identifies Political, Economic, Social, Technological, Environmental and Legal (PESTEL) factors critical in the achievement of
this Strategic Plan. A stakeholder’s analysis is also presented, highlighting areas of linkages with the Commission.
3.1 SWOT Analysis
This is an evaluation of internal and external environments with a view to identify the Commission’s organizational strengths and weaknesses, and the opportunities and threats. This analysis will enable the
Commission find a mechanism of matching the external environmental trends (Opportunities and Threats), and the internal capacities (Strengths and Weaknesses). The table 3:1, below is a summary of the analysis.
Table 3:1 SWOT ANALYSIS
STRENGTHS WEAKNESSES • Clear mandate on land derived from the Constitution
and the National Land Commission; the Land Act, and the Land Registration Act and the National Land Policy
• Facilitative legal, policy and institutional framework;
• Professional knowledge and skilled staff that represents the diversity of Kenya;
• Constitutional provision for funding (Article 249 (3)
• Visionary leadership;
• Stakeholder support;
• Existence of policy to create a Land Policy Research Centre
• Multiplicity of Legislation (Acts) touching on land management and land use;
• Inadequate financial and human resources;
• Inadequate infrastructure facilities and equipment to facilitate institutional development;
• Low level awareness by the public on the mandate and role of NLC;
• Undeveloped operational procedures and processes;
• Manual records management system;
OPPORTUNITIES THREATS
• Kenya Constitution, 2010 and the devolved governance system
• Commitment to the attainment of the Kenya Vision 2030 by the Government
• Conflicts in the land use and tenure security
• High public expectations of the Commission;
S I T U A T I O N A N A L Y S I S
Chapter Th ree
24 25
OPPORTUNITIES THREATS
• Facilitative networks with development partners
• Good will on resource mobilisation;
• Public goodwill and support;
• Already existing lead agencies in the management of public land;
• Strong collaboration with professional institutions and bodies;
• Developed collaboration mechanisms between partners/stakeholders;
• Parliamentary support;
• Devolution to facilitate effective land administration and management to the grassroots;
• Strong collaboration with other Constitutional Commissions and agencies
• Increased demand for land services
• Availability of modern information technology;
• Deep rooted land injustices
• Varied interests in land management and administration
• Legal suits/Litigations due to conflicting land interests
•Data/information insecurity;
• Unpredictable budgetary cuts;
• Insatiable demand for land due to high attachment;
• Competing land resource management institutions;
• Inadequate political goodwill, and
• Scattered geo-spatial data
• Corruption
• Increased awareness and information on land matters in the East African Region; and
• Emerging partnership and engagement framework
3.2 PESTEL ANALYSIS
Political, Economical, Social, Technological, Environmental and Legal (PESTEL) core subjects were analyzed
to determine the extent to which they would affect positively or negatively the strategies to realise the
mandate of the Commission. The table 3:2, below summarizes the core subjects, related issues and possible value
of influence and mitigation strategies.
2424
2626 27
Table 3:2 PESTEL ANALYSIS
FACTOR ELEMENTS IMPACTS ON OPERATIONS ANLC
Political • The democratic space and the dual governance structure resulting from the 2010 Constitution
• Politicizing land issues • Legislation• Political instability in some parts of the region• Regional and international treaties and agreements in
which Kenya is a party• Membership to the EAC• Statutes on International Boundaries
• Competing interests touching ogovernment may derail effective
• Constant refocusing on the land q• Conflicting legislation• Land Banking• Conflicting international and nati
administration and management
Economical • High levels of poverty• High levels of youth unemployment• Speculative demand for land• Food insecurity• Urbanisation and uncoordinated planning.
• Unrealistic increases in land price• Uncoordinated development due
Social • Rapid Population growth• Conflicts in land use• Landlessness and unemployment• Lack of respect for boundary markings• Increase in informal settlements• Increase in levels of education• traditional and community approaches on issues touching
on land in some parts of the country• Changing perception towards land in terms of natural
resource conservation
• Encroachment due to high popdemand for land.
• Complication on equity and acces• Inconsistencies between commun
and current land laws and policon the implementation of the le
Technological • Manual system on land data/information management• Emerging technologies on land use• Emergence of innovations in GIS Technology
• Inefficient Service delivery• Emerging security threats due to
Environmental • Climate change- global warming• Lack of effective policies• Environmental disasters• Land degradation• Encroachment on fragile ecosystems and water
catchments• Sub-division of land into uneconomic sizes
• Weak enforcement and implemanagement and conservationeffective land management
• Difficulty in securing wetlands an
Legal • Backlog in land cases• Inadequate capacity by the County governments to
enforce land development conditions• Unauthorized encroachment on private land Inadequate training for the CLMBs
• Conflicting interest Slowed down• Difficulties in land administration
26 2727
NS AND ACHIEVEMENTS OF MITIGATION STRATEGIES
hing on land at the two levels of ective implementation of mandateland question for political mileage
d national interest in respect to land ement
• NLC is the oversight advisory and supervisory body for implementation of land matters by the two levels of government and enhance collaboration between the two levels of government on land matters.
• NLC to review and qualify political proposed strategies to address the Land Question/Land Answer in political parties’ agenda before manifestos are presented to the registrar of political parties.
• Institutional strengthening to strategically position the NLC as a competent authority on land.
Review and harmonize conflicting legislations• Creation of land for settlement of refugees- in consultation with the County
governments• Institution of strong bilateral and multilateral negotiating mechanisms on ratification
of treaties and agreements• Enhancement of Regional cooperation where NLC shall be a consultative body.
d pricesnt due to planning challenges
• Awareness creation on land use, land rights and natural resource management.• Collaboration with county governments on land matters.• NLC will exercise legislative powers to reserve land for investments in collaboration
with county governments• Develop national and county land use spatial plans
population growth and thus high
access to land and natural resource,mmunity beliefs on land ownership policies may have negative impact
the legal instrument.
• Enforcement of Planning practices• Provision of oversight role on land use planning to prevent conflicts in land use• Development of activities to work and network with communities.•Development and implementation of awareness creation, education and advocacy
programmes , on land laws.• Fast track enactment of the Community Land Bills
ue to the collapse of land use plans• Digitization of land records• Promotion of public utilization of emerging technology platforms• Constant review of land use plans in line with technological changes
mplementation of environmental vation programmes is a threat to
nds and fragile ecosystem.
• Review of policies and legislations• Development of strategies that mainstream measures to address climate change.
down land reformsration and management
• Institutionalization of atrong legal backing system• Harmonization of policies and laws relating to land management and land based
resources• Collaboration with the Judiciary• Legitimizing other Alternative Dispute Resolution mechanisms
28 29
3.3 Stakeholder Analysis
The Commission commits to working with various stakeholders that include public and private sectors, development partners, civil societies and the general public in land administration and management.
Partnerships with stakeholders have the potential to impact on the Commission’s effectiveness and efficiency. Stakeholder categories and areas of interests are analysed as follows:
Figure 3:1 Stakeholders Categories
228
28 2929
STA
KE
HO
LDE
RN
LC’S
IN
TE
RE
STS
STA
KE
HO
LDE
R’S
IN
TE
RE
STS
GE
NE
RA
L PU
BLI
C•
Act
ive
part
icip
atio
n/ in
volv
emen
t and
acc
ount
abili
ty c
heck
s.•
Impl
emen
tatio
n; A
war
enes
s cr
eatio
n an
d C
usto
dian
s of
land
and
its
know
ledg
e.•
Arb
itrat
ion-
• E
ffic
ienc
y in
land
adm
inis
trat
ion
and
man
agem
ent
• Fa
ir an
d eq
uita
ble
dist
ribut
ion
of la
nd
GO
VE
RN
ME
NT
M
INIS
TR
IES,
D
EPA
RT
ME
NT
S &
A
GE
NC
IES
• Im
plem
enta
tion
of p
olic
ies,
regu
latio
ns, g
uide
lines
and
pro
gram
s to
sup
port
la
nd re
form
.•
Ow
ners
hip
and
impl
emen
tatio
n of
NLC
pro
cedu
res
and
guid
elin
es o
n La
nd
mat
ters
.•
Rev
iew
and
har
mon
ize
the
law
s on
land
mat
ters
.
• C
oope
ratio
n an
d co
nsta
nt c
onsu
ltatio
n on
la
nd m
atte
rs•
Mai
nstr
eam
ing
land
refo
rm in
thei
r pro
gram
s•
Col
labo
ratio
n in
pol
icy
form
ulat
ion,
legi
slat
ive
revi
ews,
advo
cacy
, exc
hang
e of
lite
ratu
re, d
ata
and
cond
uctin
g re
sear
ch o
n m
atte
rs la
nd,
incl
udin
g ge
nder
land
righ
ts.
PAR
LIA
ME
NT
• E
ndor
se p
olic
ies,
proc
edur
es a
nd re
gula
tions
•
Legi
slat
e on
Lan
d re
late
d la
ws
• Pr
ovis
ion
of a
dequ
ate
budg
et
• B
riefin
gs re
port
s an
d pr
ovis
ion
of le
gisl
ativ
e ag
enda
.
CO
UN
TY
GO
VE
RN
ME
NT
S•
Ow
ners
hip
and
impl
emen
tatio
n of
NLC
pro
cedu
res
and
guid
elin
es o
n La
nd
mat
ters
•
Res
ourc
e M
obili
zatio
n –
adeq
uate
Bud
geta
ry a
lloca
tion
to la
nd re
form
s. C
onsi
dera
tion
for a
dequ
ate
budg
etar
y al
loca
tions
Impl
emen
tatio
n of
edu
catio
n an
d aw
aren
ess
crea
tion
prog
ram
mes
on
land
re
form
sH
ousi
ng C
ount
y La
nd M
anag
emen
t Boa
rds
Est
ablis
hmen
t and
ope
ratio
nalis
atio
n of
the
Land
Boa
rds
(Vet
ting
&
Rec
omm
endi
ng L
and
boar
d M
embe
rs).
Iden
tify
and
zone
land
for s
ettle
men
t and
pub
lic b
enef
it•
Supp
ort i
n th
e im
plem
enta
tion
and
mai
nstr
eam
ing
of la
nd a
dmin
istr
atio
n an
d m
anag
emen
t in
coun
ty p
olic
ies
and
legi
slat
ive
fram
ewor
k
• Le
ader
ship
on
land
man
agem
ent &
ad
min
istr
atio
n•
Reg
ular
con
sulta
tions
and
tech
nica
l sup
port
an
d re
spon
siven
ess
• T
imel
y re
spon
ses
PRO
FESS
ION
AL
BO
DIE
S•
Prof
essi
onal
ism
and
bes
t pra
ctic
es in
Lan
d us
e an
d ad
min
istr
atio
n.•
Prov
isio
n of
tech
nica
l exp
ertis
e, e
thic
s an
d st
anda
rds
• Id
entif
y ga
ps in
lega
l and
land
pol
icie
s, pr
ofes
sion
al c
apac
ity b
uild
ing;
re
sear
ch p
artn
ers
and
linka
ges,
mon
itorin
g an
d ev
alua
tion
of p
ract
ices
for l
and
use.
• A
dher
ence
to p
rofe
ssio
nal c
ode
of c
ondu
ct
and
ethi
cal s
tand
ards
• E
ffic
ient
and
eff
ectiv
e in
corp
orat
ion
in
impl
emen
ting
NLC
man
date
.
Ta
ble
3.3
S
TA
KE
HO
LD
ER
S A
ND
NL
C’S
IN
TE
RE
ST
S
3030 31
STA
KE
HO
LDE
RN
LC’S
IN
TE
RE
STS
STA
KE
HO
LDE
R’S
IN
TE
RE
STS
ME
DIA
• O
bjec
tive
info
rmat
ion
on is
sues
rela
ting
to la
nd re
form
to e
nhan
ce th
e vi
sibi
lity
of N
LC a
nd d
isse
min
ate
info
rmat
ion
abou
t its
wor
k•
Fair
com
mun
icat
ion
and
prof
essi
onal
bra
ndin
g an
d ar
ticul
atio
n of
NLC
fu
nctio
ns•
Publ
ic p
artic
ipat
ion,
edu
catio
n &
aw
aren
ess.
• M
ains
trea
min
g la
nd c
once
rns
in p
ublic
deb
ates
.
• Po
sitiv
e en
gage
men
t•
Part
ners
hip
and
acce
ss to
NLC
info
rmat
ion.
• P
rom
otio
n of
edu
catio
n an
d aw
aren
ess
crea
tion
prog
ram
mes
on
issu
es o
f la
nd re
form
.
IND
EPE
ND
EN
T
CO
MM
ISSI
ON
SA
ND
TA
SK F
OR
CE
S
• Pa
rtne
rshi
p an
d ex
perie
nce
shar
ing.
• Pr
ovid
e co
-coo
rdin
atin
g an
d fa
cilit
ativ
e su
ppor
t to
enha
nce
prom
otio
n an
d pr
otec
tion
of la
nd ri
ghts
.•
To re
sear
ch, m
onito
r and
repo
rt o
n la
nd in
just
ices
• Pr
omot
ion
of A
ltern
ativ
e D
ispu
te R
esol
utio
ns (
AD
Rs)
and
Tra
ditio
nal
Dis
pute
Res
olut
ion
(TD
Rs)
mec
hani
sms
• Pu
blis
hing
of
repo
rts
on s
tatu
s of
land
refo
rms.
• St
eadf
astn
ess
and
inde
pend
ence
of
NLC
• R
edre
ss in
land
mat
ters
for v
ulne
rabl
e an
d m
argi
naliz
ed g
roup
s.•
Prog
ress
repo
rts
on la
nd re
form
s an
d th
e la
nd ri
ghts
.•
Prom
otio
n of
the
Con
stitu
tion
and
land
righ
ts a
dvoc
acy.
• Pr
ovis
ion
of a
dvis
orie
s, op
inio
ns a
nd re
com
men
datio
ns o
n la
nd•
Dev
elop
men
t of
stan
dard
s fo
r rea
lizat
ion
of la
nd re
form
sC
IVIL
SO
CIE
TY
O
RG
AN
ISA
TIO
NS
• C
omm
unity
em
pow
erm
ent;
awar
enes
s cr
eatio
n; c
apac
ity b
uild
ing;
reso
urce
m
obili
zatio
n;•
advo
cacy
net
wor
king
; lin
kage
s an
d in
form
atio
n di
ssem
inat
ion;
lobb
ying
an
d as
sist
ance
• E
ngag
emen
t and
wat
chdo
g fu
nctio
n
• Fa
irnes
s an
d ef
ficie
ncy
in N
LC o
pera
tions
PRIV
AT
E S
EC
TO
R/R
EA
L E
STA
TE
DE
VE
LOPE
RS
• Pa
rtne
rshi
ps in
reso
urce
mob
iliza
tion.
• Pr
ovis
ion
of in
vest
men
t and
tech
nolo
gy.
An
enab
ling
envi
ronm
ent
• Le
vera
ge o
n la
nd s
ecto
r for
pru
dent
inve
stm
ent a
nd p
rom
pt
resp
onse
to in
vest
men
t cha
lleng
es
• A
n en
ablin
g en
viro
nmen
tJU
DIC
IARY
• C
onst
itutio
nal a
nd le
gal i
nter
pret
atio
n an
d ad
vice
on
land
mat
ters
.•
Est
ablis
hmen
t of
Land
and
Env
ironm
ent c
ourt
s in
eve
ry c
ount
y.•
Dev
elop
men
t of
a fr
amew
ork
for t
he o
pera
tion
of A
DR
s/ T
DR
s m
echa
nism
Cap
acity
bui
ldin
g on
TD
Rs
• A
dher
ence
to C
onst
itutio
nalis
m a
nd e
thic
al v
alue
s in
the
refo
rm p
roce
ss•
Cap
acity
bui
ldin
g on
TD
Rs
DE
VE
LOPM
EN
T
PAR
TN
ER
SR
esou
rce
Mob
iliza
tion
and
finan
cial
/tec
hnic
al S
uppo
rt•
NLC
eff
icie
ncy
in g
over
nanc
e an
d ad
here
nce
to p
roce
dure
s an
d pr
oces
s ef
fect
iven
ess
ED
UC
AT
ION
A
ND
RE
SEA
RC
H
INST
ITU
TIO
NS
• Pa
rtne
rshi
ps in
rese
arch
• C
apac
ity b
uild
ing
& s
kills
dev
elop
men
t on
Land
mat
ters
• Pa
rtne
rshi
p/ C
olla
bora
tions
• La
bour
Mar
ket
FAIT
H B
ASE
D
OR
GA
NIS
AT
ION
S•
Col
labo
ratio
n,•
Civ
ic E
duca
tion
• La
nd C
onfli
ct M
edia
tion
• Fa
cilit
atio
n th
roug
h is
suan
ce o
f tit
les
deed
s –
espe
cial
ly fo
r ch
urch
spo
nsor
ed s
choo
ls.
CO
MM
UN
ITIE
S•
Wat
chdo
g a
nd w
hist
le b
low
ing
role
• Fa
irnes
s &
Equ
ity
30 3131
4.1 Overview
This is the Commission’s first Strategic Plan (2013-2018). The Plan will endeavor to address critical issues that will facilitate the commission to implement its mandate.
The chapter outlines a linkage between the mission of NLC and its performance and reporting as stipulated in the Constitution. The Vision and mission statements constitute the broad outlook for executing the mandate that is well defined in the various legal documents. The Commission recognizes that it must anchor its operations on certain principles and core values. Therefore implementation of the strategic objectives and strategies will be guided by the Vision; Mission; Core Values; and Key Result Areas (KRAs).
4.2 Vision
Excellent administration and management of land for sustainable development
4.3 Mission
To facilitate sustainable land use in Kenya through a holistic land policy, efficient land management practices, equitable access to land, comprehensive land registration and applying appropriate land dispute
handling mechanisms.
4.4 Core Values
EfficiencyTeamwork
Transparency and AccountabilityInnovativeness
Zero Tolerance to CorruptionIntegrity
Professionalism
Motto
Our Land, Our Wealth, Our Heritage“Ardhi Yetu, Mali Yetu, Urithi Wetu”
4.5 Key Result Areas, Strategic Objectives and Strategies
For effective implementation of this Strategic Plan, the commission will focus on the following key results areas.
Chapter FourS T R A T E G I C D I R E C T I O N
3232 33
Table 4:1 Key Result Areas, Strategic Objectives and Strategies KEY RESULT
AREAS
STRATEGIC
OBJECTIVES
STRATEGIES
Public land administration and management
To facilitate access and use of land for socio-economic and environmental sustainability
• Review of grants and dispositions upon development of regulations and procedures for the reviews.
• Guaranteeing of ownership and security of tenure.• Regularization of land rights.• Development and coordination of an advocacy
and public education programs and information dissemination on the role of NLC and benefits of land reform
National Land Information Management System
To enhance secure storage, access and retrieval of land and land resource data and information
• Development, establishment and maintenance of National & County Land Information Management Systems.
• Validation and reconstruction of existing land records.• Promotion of research on land.
Land disputes and conflict resolution
To facilitate an equitable and secure access to land and land based resources
• Establishment of legislations and procedures for addressing land disputes.
• Development of dispute resolution mechanisms.
Sustainable management and use of land and natural resources
To promote optimal use of land for the benefit of the society
• Monitoring of land use plan (LUP) at National and County levels.
• Monitoring of natural resource management.• Development control and enforcement.• Development and implementation of a stakeholders’
engagement strategy.• Development and harmonization of policies.
Institutional development and management
To develop capacity to enhance efficiency and transparency in service delivery
• Automation of NLC procedures and processes• Development of Capacity of NLC• Development and implementation of a revenue
generation mechanisms• Development and implementation of a resource
mobilization strategy• Formulation of policies and procedures• Operationalize county land management boards• Development and implementation of a risk
management framework• Development and implementation of a communication
strategy
3434 35
5.1 Introduction
Implementation of this Strategic Plan will require innovativeness, commitment and teamwork among staff and Commissioners; and support from all stakeholders. Political support is key. Logistical support and cooperation
from the Ministry of Land, Housing and Urban Development is paramount. This chapter presents framework that highlights strategy implementation mechanism and coordination.
5.2 Strategic Plan Implementation Matrix
To ensure that the planned objectives are realized, the strategic plan implementation matrix has been developed and is presented in appendix 1 of this plan.
5.3 Implementation Approach
This plan will be implemented within five years. However, the strategy plan provides a midterm review and end term review. The Midterm review will provide corrective mechanisms to address leaning points that may
need to be incorporated for consideration during the implementation.
Directorates will draw annual work plans from the implementation matrix. The work plans will be consolidated into a master Commission annual work plan which will take into consideration the financial, human and other resources available in each financial year. Commissioners shall approve all annual work plans by the end of April of the preceding financial year.
5.4 Strategic Plan Co-ordination
For effective implementation and coordination of this Plan, the Commission an M&E Committee will be established to review and track implementation of the Plan. Commissioners shall receive regular updates from the CEO on the progress of the implemented SP.
5.5 Responsibilities and roles
i. The Monitoring & Evaluation CommitteeThe Commission shall establish a Monitoring & Evaluation Committee whose membership and roles are as below:Membershipa. The CEOb. Four members appointed from among the Directors (The membership shall be for one year and on rotational
basis)c. Head of Audit & Risk Management or a designate.d. At the discretion of the Commission, they may consider one external member for technical support.e. The Head of M&E/ Planning shall be the Secretary.
I M P L E M E N T A T I O N A N D C O - O R D I N A T I O N F R A M E W O R K
Chapter Five
34 3535
ii. The Chief Executive Officer (CEO)The NLC CEO shall be the overall coordinator of the Strategic plan and will have the following roles:a. Provision of necessary technical support to the Directorates in implementing the Plan;b. Timely preparation and submission of Plan implementation reports; c. Effectively Facilitate the Commissioners in the establishment of the County Land Management Boards in
implementing land reforms at the county level.d. Chairing the M&E Committee.
iii. Cabinet Secretary, Ministry of Land, Housing and Urban Development This Plan recognizes the important role of the Cabinet Secretary for the Ministry of Land, Housing and Urban Development. It is therefore anticipated that Cabinet Secretary will play a facilitative role to enable NLC execute its mandate. Key in this is collaboration with NLC on policy direction, support in the review and enactment of legal and resource mobilisation initiatives and other expertise available in the Ministry.
iv. The Commissioners NLC commissioners will provide leadership in the implementation of this plan. They will establish appropriate linkages with other public and private partners to enhance technical synergy required for effective implementation of the planned strategies. The commissioners are also critical in the implementation of the resources mobilization strategy.
v. Directors These will fast track implementation of this strategic plan. They will be responsible for the day to day implementation of planned activities to ensure implementation of this plan is on track. They will prepare and implement the directorate specific annual work plans drawn from the Plan, report on progress/performance periodically and timely to the Head of M&E/ Planning.
In this regard, NLC operates at two main levels: at the Commission-wide level, and its nine directorates, as outlined on the following page.
Table 5:1 Directorates
DIRECTORATE HIGHLIGHTS OF THE FUNCTIONSAudit and Risk Management Unit Responsible for providing innovative risk, audit, and assurance to
improve the Commissions operations. The directorate also offers consultancy services to the commission.
Communication Unit Responsible for managing the Communication and branding of the Commission
Finance and Administration Responsible for the finance and administration functions including advising the Commission, the Chief Executive Officer and Management on strategic financial performance of the Commission
Human Resources Management Responsible for development and implementation of appropriate Human Resource strategies and training that ensure that the Commission attracts and retains a professional team of motivated employees
ICT Unit Responsible for the management, strategy and execution of ICT infrastructure for the organization. This includes implementation of technical projects in alignment with organizational goals and effective delivery of networks, development, and disaster recovery systems and processes and ICT automation processes and procedures.
Land Administration & Management Responsible for efficient organization, direction, control and co-ordination of the functions of Land Administration Directorate
3636 37
Figure5:1 Organisational Structure of National Land Commission
NOTE: See Appendix II and III for the detailed organogramThe Commission has various Directorates to address its mandate at the National level and County Land Management Boards (CLMBs) at the County level. In addition, the Commission has established Commission Committees which deliberate on key issues before presentation to the full Commission meeting.
DIRECTORATE HIGHLIGHTS OF THE FUNCTIONSLand Survey, Adjudication and Settlement
Responsible for the coordinating, surveying, land adjudication and settlement functions. Lead and develop cadastral surveys, topographical surveys, compulsory acquisition surveys, adjudication and settlement surveys, remote sensing surveys, hydrological survey and GIS applications.
National Land Information Management System (NLIMS)
Responsible for developing and maintaining geographic, spatial, legal and environmental databases that are relevant to real property throughout the country. This involves creation, analysis and publishing of land-based data such as parcel information, zoning, land use, ownership and general property information
Land Use and Planning Develop and prepare an effective and efficient system for overseeing land use planning throughout the country. In this regard the Commission is to ensure land use planning is carried out and as per the law through supervision and monitoring of planning authorities and participating in policy formulation. To achieve this, the Commission is working in consultation with both the National and County governments and other relevant agents.
Land Valuation and Taxation To undertake valuation for taxation of land and premiums on immovable property. To undertake compulsory acquisition of land for Government and State Agencies. To assess annual ground rents, compute stand premiums and offer advisory valuation services.
Legal Affairs and Enforcement Responsible for handling all legal matters and complaints from the citizens.
Natural Resources To take stock of natural resources, monitor use and management and ensure that land use policies are consistent with sustainable resource use.
Research and Advocacy To promote dialogue, interaction, inquiry, and participatory research between researchers, communities and policy makers with a view of enhancing the impact of research on land reforms and sustainable development. Responsible for the coordination and administration of research, partnerships, linkages, civic education and advocacy functions on land matters.
36 3737
6.1 Overview
Implementation of the plan will require a substantial financial outlay. To supplement Government financing the activities of this plan, the Commission will endeavour to seek financial support from development partners and
other stakeholders.
6.2 Resource requirement The table below is an indication of the Commission’s projected financial requirements to implement the planned strategies.
Table 6:1 Projected Resource requirementBUDGET (MILLION)
Strategy Year 1 Year 2 Year 3 Year 4 Year 5 Review of Grants and Dispositions upon development of regulations and procedures for the reviews
500 500 500 600 700
Guaranteeing of ownership and security of tenure. 628 528 528 628 678Regularization of land rights 700 600 600 700 800Development and coordination of an advocacy and public education programs and information dissemination on the role of NLC and benefits of land reform.
250 200 200 200 200
Development, establishment and maintenance of National & County Land Information Management Systems (NLIMS)
660 2,149 1,193 1,193 1,193
Validation and reconstruction of existing land records. 400 400 300 250 250Promotion of research on land. 220 200 300 300 350Establishment of legislations and procedures for addressing land disputes
621 600 750 900 1,000
Development of dispute resolution mechanisms. 250 200 200 200 150Monitoring of land use plan (LUP) at National and County levels 290 495 500 288 400Monitoring of natural resources Management. 160 176 200 150 100Development control and enforcement 300 300 250 200 200Development and implementation of a stakeholders’ engagement strategy
150 100 50 50 50
Development and harmonization of policies 170 250 300 450 400Automation of NLC procedures and processes 430 540 550 400 400Development of Capacity of NLC. 350 300 300 300 300Development and implementation of a revenue generation mechanisms
150 200 450 600 700
R E S O U R C E M O B I L I Z AT I O N , A C C O U N TA B I L I T Y A N D R I S K M A N A G E M E N T
Chapter Six
3838 39
BUDGET (MILLION)Strategy Year 1 Year 2 Year 3 Year 4 Year 5 Development and implementation of a resource mobilization strategy
92 50 50 50 50
Formulation of policies and procedures 100 50 50 50 50Operationalize county land management boards 360 360 360 360 360Development and implementation of a risk management framework
100 90 80 80 80
Development, implementation and operationalize of a communication strategy
200 170 200 130 200
Branding NLC 20 20 20 15 10Strengthen the public affairs and corporate communication office
50 30 20 20 20
Institutionalize guidelines and policies to combat corruption, HIV/AIDS, Alcohol and Drug Abuse
30 20 10 10 10
Institutionalize guidelines and policies to support gender and persons with specialized needs into NLC
20 10 10 10 10
6.3 Resource Mobilization strategies6.3.1 Government Funding Article 249(3) of the Constitution stipulates, Parliament shall allocate funds to enable NLC perform its function. NLC will prepare annual budgets and submit to the Government for approval to fund annual work plan.
6.3.2 Development Partners The Commission will implement mechanisms put in place to partner with development partners in supporting the strategic plan initiatives.
6.3.3 Partnering with stakeholders The Commission recognises the valuable support received from stakeholders in the implementation of land initiatives. This has been through participation in programming and information sharing platforms. Though these resources are non- financial, they impact on the implementation of the land sector initiatives. The Commission identifies private sector players as key contributors and therefore will enhance collaboration and implement projects under the Private Public Partnership framework.
6.4 Accountability
Accountability and commitment are valuable aspects of successful implementation of this strategy. As already mentioned, the Commissioners, CEO, directors will be responsible for implementation. The Commissioners
are in charge of policy formulation, giving strategic leadership in programming and general monitoring and evaluation of the Plan’s implementation and prioritization of the programs undertaken.
These tasks are done through committees namely; General Administration and Finance; Legal and Research; Land Administration and management; Compulsory acquisition; and NLIMS. The Secretariat, through the leadership of the Secretary and CEO is responsible for the day-to-day implementation, monitoring, and evaluation of NLC’s operations.
Employees will report results of their work to their respective directors/sectional heads to enable management to track performance and facilitate effective decision making.
6.5 Risks assessment Implementation of this plan is likely to face various risks as discussed below.
6.5.1 Strategic Risks• Programme activities being resisted due to conflicting social, economic and political interests.
38 3939
• Misconception due to lack of information or ignorance of the Commission’s mandate.• Constitutional or statutory changes are likely to affect the Commission’s mandate.• Weak monitoring and evaluation due to non-integration of M&E in activity implementation.• High turnover of highly qualified technical staff.
6.5.2 Financial Risks• Inadequate funding or disbursement delays due to lack of linkage between disbursement and procurement
plans leading to slowed plan implementation.• Interrupted flow of development partners funds.
6.5.3 Operational Risks• Duplication/ application of land laws by other Government Agencies is prevalent• Poor remuneration, staff turnover, shortage of office space, redeployment of staff may interfere with
implementation of the plan.
6.5.4 Technological Risks• Inadequate funding of ICT development and deployment.• Reluctance by officers to embrace new technological changes.• Data and information insecurity.
6.5.5 Organizational Risks• Delay in implementation of the Commission’s organizational structure may constrain timely formation of the
envisaged implementation teams.
6.5.6 Political Risks• Changes in national political leadership. • Community animosity and suspicion.• Politicizing implementation of land reforms.
6.6 Mitigation, Monitoring and Reporting of Risks
The Commission will seek to minimise risks through a framework that ensures coordination and economical application of resources to maximise realization of opportunities and to monitor impacts of the unforeseen
occurrences.
• undertake appropriate consultations and consensus building with stakeholders;• Involve stakeholders in review of policy and legislation and implementation as well as sensitize the
stakeholders on the Commission’s mandate;• Enhance internal and external collaboration;• Enhance M&E for early detection of any formative risk • Undertake regular training of staff on ICT and upgrading of equipment in tandem with ICT changes; • Enhancing the Commission’s capacity through effective capacity development;• Partner with stakeholders to mobilize resources, increase internal revenue and also foster efficient
utilization of resources;• Seek political goodwill and budgetary support;• Ensure meritocracy in recruitment of staff and competitive remuneration; and• Create awareness and continuous sensitization on the Constitutional values and principles of attached
to land and a move away from unjust discriminatory practices linked to land.
40 4141
7.1 Introduction
The successful implementation of this strategic plan will depend significantly on how effectively the planned activities and outputs and outcomes are monitored and evaluated. Monitoring and Evaluation (M&E) will
provide an avenue for tracking progress and inform decision making for accountability, effective service delivery, resource allocation and policy direction.
7.2 Monitoring and Evaluation Framework
The Commission’s M&E framework will be aligned to the provisions of the National Integrated Monitoring and Evaluation System (NIMES) under the M&E directorate. It will be based on definition of responsibilities,
indicators, collection and maintenance of performance data and reporting.
7.2.1 Monitoring Monthly and quarterly reports will be prepared by the commission based on the continuous monitoring of the plan activities and performance.
7.2.2 EvaluationThe Commission will review the plan periodically and evaluate its success at the end of the plan period.
Evaluation MechanismThis will entail:• Measuring actual performance against set target levels in terms of outputs and outcomes, and
establishing any variation(s) in performance;• Identifying and addressing the casual factors for variance; and• Identifying and recommending appropriate remedial measures including a review of objectives and/
or strategies.
7.3 Critical Success Factors NLC has identified the following critical factors for the successful implementation of the Strategic Plan.
i. Understanding the Strategic Plan by all who are involved in its implementation;
ii. Provision of leadership and commitment from NLC’s top management;
iii. Effective communication between all implementers on activities, outputs and outcomes;
iv. Timely implementation of activities;
v. Availability of resources as identified under each strategy;
vi. Effective translation of Strategic Plan targets to annual work plans and budgets; and
vii. Regular review, performance oversight, measurement and reporting.
M O N I T O R I N G , E V A L U A T I O N A N D R E P O R T I N G
Chapter Seven
42 43
7.4 Progress Reports
The plan will also be monitored through preparation of monthly and quarterly reports by heads of Directorates. The nature and scope of reporting will include;
• Progress made against the plan• Causes of deviation from plan• Areas of difficulty and alternative solutions to problems that may adversely affect implementation
The Monitoring & Evaluation Unit shall act as the internal consultant to assist Directorates in preparing consistent, concise and informative reports prior to presentation. The reports will describe actions taken towards achieving specific outcomes and strategies of the plan and will include costs, benefits, performance measures and progress. Performance Management Systems (PMS) will be used to improve the effectiveness of the M&E system. This will help integrate performance in a manner to enable immediate determination of impediments to success.
4242
42 4343
Ap
pen
dix
1: I
mp
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500
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.O.L
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628
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4444 45
Stra
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LC
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ars
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44 4545
Key
res
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are
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and
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man
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STR
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d In
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anag
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LIM
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NLI
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bas
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se s
yste
m•
Dev
elop
par
cel f
abric
bas
ed
cada
stre
• Su
ppor
t sys
tem
inte
grat
ion
with
oth
er c
ompo
nent
s -
open
arc
hite
ctur
e(SO
A)
• E
nsur
e da
ta s
ecur
ity a
cces
s rig
hts
and
polic
ies
Cod
ifica
tion
of p
roce
sses
in
land
• N
LIM
S in
stal
led
• N
o. o
f st
aff
trai
ned
• N
o. o
f lo
gs fr
om p
ublic
•
No.
of
syst
em a
udits
don
e•
GIS
bas
ed s
yste
m
proc
ured
and
inst
alle
d•
Impl
emen
tatio
n pl
an
and
phas
ing
of o
vera
ll pr
ojec
t.
CE
O a
nd
Dire
ctor
- N
LIM
SC
ompu
teriz
atio
n co
mm
ittee
of
Min
istr
y of
La
nds
(DPP
, D
OS,
DLA
S,
DO
L), S
ecre
tarie
s C
LMB
s
(Mill
ion)
660
2,14
91,
193
1,19
31,
193
Val
idat
ion
and
reco
nstr
uctio
n of
exi
stin
g la
nd
reco
rds.
Ver
ifiab
le
and
upda
ted
land
reco
rds.
• C
arry
out
an
inve
ntor
y of
pl
ans
and
file
reco
rds
• D
evel
op a
nd im
plem
ent
file
and
plan
s re
cord
m
anag
emen
t sys
tem
• N
umbe
r of
plan
and
file
re
cord
s ca
tego
rized
• Pl
an a
nd fi
le re
cord
s m
anag
emen
t sys
tem
in
plac
e.•
Rep
orts
on
inve
ntor
y
Com
mis
sion
ers
C.E
.OD
irect
or
Land
/
Adm
Dire
ctor
I.C
.TD
irect
or H
RM
MoL
400
400
300
250
250
Prom
otio
n of
re
sear
ch o
n la
nd.
Res
earc
h re
port
s.C
ompl
eted
rese
arch
pr
ojec
tsR
esea
rch
data
bas
e Pa
rtne
rshi
ps
deve
lope
d.R
esea
rch
Trai
ning
• D
evel
op a
rese
arch
fr
amew
ork
• C
ondu
ct re
sear
ch
• C
reat
e re
sear
ch d
ata
base
with
co
unty
gov
ernm
ents
• Su
ppor
t the
doc
umen
tatio
n-m
appi
ng o
ut o
f re
sear
ch
area
s-•
Rep
ort a
nd d
isse
min
ate
rese
arch
find
ings
• C
ondu
ct tr
aini
ng
•Res
earc
h fr
amew
ork
deve
lope
d.•N
o of
rese
arch
pro
posa
ls
•No.
of
repo
rts
publ
ishe
d •
No
of p
artn
ersh
ips
enga
ged
• N
o of
Pol
icie
s de
velo
ped.
• N
o of
trai
ning
s he
ld.
• N
o of
pol
icy
foru
ms
cond
ucte
d.
CE
O, N
LC.
Dire
ctor
s, R
esea
rch
and
Adv
ocac
y;
220
200
300
300
350
4646 47
Key
Res
ult
Are
a 3:
Lan
d D
isp
ute
s A
nd
Con
flic
t R
esol
uti
onST
RA
TE
GIC
OB
JEC
TIV
E: T
o fa
cilit
ate
an e
qu
itab
le a
nd
sec
ure
acc
ess
to la
nd
an
d la
nd
bas
ed r
esou
rces
OU
TC
OM
E: P
eace
ful r
esol
uti
on o
f co
mp
lain
ts
Stra
tegi
es
Out
puts
Act
iviti
esPe
rfor
man
ce in
dica
tors
A
ctor
sT
ime
Fram
e/B
udge
tE
stab
lishm
ent o
f
legi
slat
ions
and
proc
edur
es fo
r
addr
essi
ng la
nd
disp
utes
The
His
toric
al I
njus
tice
draf
t reg
ulat
ions
• E
stab
lish
task
forc
e on
HI
• H
old
stak
ehol
der
cons
ulta
tions
• Ta
skfo
rce
esta
blis
hed
• N
o. o
f st
akeh
olde
rs
cons
ulta
tions
hel
d
• N
o of
sta
keho
lder
repo
rts
• N
o of
pub
licat
ions
on
HI
• D
raft
bill
Stak
ehol
ders
NLC
Judi
ciar
y
Min
istr
y in
-cha
rge
of
Land
s
(Mill
ion)
621
600
750
900
1,00
0
Dev
elop
men
t of
disp
ute
reso
lutio
n
mec
hani
sms.
• A
DR
fram
ewor
k in
plac
e
•Enh
ance
d ca
paci
ty o
f
stak
ehol
ders
on
AD
R
• A
com
plai
nts
hand
ling
mec
hani
sm/
syst
em
• E
stab
lish
and
impl
emen
t A
DR
mec
hani
sms
• U
nder
take
rese
arch
in
AD
R/
TD
R a
ltern
ativ
es•
Dev
elop
trai
ning
man
ual
and
unde
rtak
e ca
paci
ty
build
ing
of d
ispu
te
reso
lutio
n co
mm
ittee
s •
Hol
d st
akeh
olde
r m
eetin
gs a
nd
wor
ksho
ps•
Dev
elop
and
impl
emen
t a
com
plai
nts
hand
ling
mec
hani
sm•
Dis
pose
land
A
djud
icat
ion
case
s
• A
DR
fram
ewor
k in
pla
ce
• N
o. o
f st
akeh
olde
rs
trai
ning
• N
o. o
f co
nflic
t rep
orts
rece
ived
• N
o of
rese
arch
pro
ject
s
• %
of
conf
licts
reso
lved
• C
ompl
aint
s ha
ndlin
g
syst
em
• N
umbe
r of
land
adju
dica
tion
case
s he
ard
and
dete
rmin
ed.
Com
mis
sion
ers
Dire
ctor
, Leg
al a
nd
Enf
orce
men
t
Dire
ctor
Res
earc
h an
d
Adv
ocac
y
Dire
ctor
Sur
vey
,
Adj
udic
atio
n an
d
Settl
emen
t
250
200
200
200
150
46 4747
Key
Res
ult
Are
a 4:
Su
stai
nab
le M
anag
emen
t A
nd
Use
Of
An
d A
nd
Nat
ura
l Res
ourc
esST
RA
TE
GIC
OB
JEC
TIV
E: T
o p
rom
ote
opti
mal
use
of
lan
d f
or t
he
ben
efit
of
the
soci
ety
OU
TC
OM
E :
En
han
ced
use
an
d m
anag
emen
t of
lan
d f
or t
he
ben
efit
of
the
soci
ety
Stra
tegi
es
Out
puts
Act
iviti
esPe
rfor
man
ce in
dica
tors
A
ctor
sT
ime
Fram
e/B
udge
tM
onito
ring
of la
nd
use
plan
(LU
P)
at N
atio
nal a
nd
Cou
nty
leve
ls
Land
use
pla
ns
Tech
nica
l rep
orts
Coo
rdin
ate
the
LUP
activ
ities
.
Dev
elop
gui
delin
es fo
r LU
P.
• N
.o o
f LU
P at
Cou
ntie
s.
• LU
P fr
amew
ork
at
Nat
iona
l lev
el
CE
O,
NLC
D
irect
or
of L
and
Use
Pla
nnin
g(M
illio
n)29
049
550
028
840
0
Mon
itorin
g na
tura
l res
ourc
es
Man
agem
ent.
• R
esou
rce
map
s.•
Nat
ural
re
sour
ce d
atab
ase
deve
lope
d.•
Dra
ft N
atio
nal
Land
Use
Po
licy
(NLU
P)
deve
lope
d.
•Con
duct
Lan
d us
e/ c
over
m
appi
ng.
•Car
ry o
ut n
atur
al re
sour
ce
map
ping
and
ass
essm
ents
•Est
ablis
h a
Mon
itorin
g fr
amew
ork
for r
esou
rce
use
tren
ds.
• E
stab
lish
a m
eta-
data
base
of
all
reso
urce
s in
the
Cou
ntry
.•
Car
ry o
ut c
onsu
ltanc
ies
on re
sour
ce v
alua
tion
and
polic
y ga
p an
alys
is in
N
RM
.•
Est
ablis
h a
reso
urce
cen
tre
at N
LC.
• Li
aise
with
the
Min
istr
y in
pre
para
tion
of th
e N
atio
nal L
and
Use
pol
icy.
• Li
aise
with
the
Cou
ntie
s in
th
e pr
epar
atio
n of
urb
an
Land
use
Pla
ns
• N
o o
f R
epor
ts.
• N
o of
MO
Us
Sign
ed.
• N
o of
Res
ourc
e M
aps.
• Fi
nal d
raft
Lan
d us
e Po
licy.
• N
o o
f C
ount
y/N
atio
nal
wor
ksho
ps.
• N
atur
al R
esou
rces
da
taba
se e
stab
lishe
d.•
No
of re
sour
ce m
ater
ial
at c
entr
e.•
Num
ber o
f A
ppro
ved
Citi
es a
nd M
unic
ipal
ities
U
rban
Lan
d U
se P
lans
Dire
ctor
, Nat
ural
R
esou
rces
. C
S, (M
inis
try
of
Land
, Hou
sing
and
U
rban
Dev
elop
men
t).
Cou
nty
Gov
ernm
ents
160
176
200
150
100
4848 49
Stra
tegi
es
Out
puts
Act
iviti
esPe
rfor
man
ce in
dica
tors
A
ctor
sT
ime
Fram
e/B
udge
tD
evel
opm
ent
cont
rol a
nd
enfo
rcem
ent
Ord
erly
sp
atia
l de
velo
pmen
t•
App
rove
bui
ldin
g pl
ans
• U
nder
take
site
insp
ectio
ns•
Plac
e ad
vert
isin
g an
d pu
blic
no
tices
• Pr
epar
e ru
les
& g
uide
lines
fo
r evi
ctio
ns•
Prep
are
draf
t con
cept
pap
er•
Bui
ld c
onse
nsus
with
st
akeh
olde
rs•
Issu
e no
tices
of
inte
ntio
n to
ev
ict
• In
vest
ors
gran
ted
deve
lopm
ent a
ppro
vals
• A
ppro
ved
deve
lopm
ent
appl
icat
ions
NLC
Cou
nty
Gov
ernm
ents
Lega
l Dire
ctor
ate
300
300
250
200
200
Dev
elop
men
t and
impl
emen
tatio
n
of a
sta
keho
lder
s’
enga
gem
ent
stra
tegy
Stro
ng
part
ners
hips
with
deve
lopm
ent
part
ners
and
oth
er
stak
ehol
ders
.
• D
onor
map
ping
• C
ount
y vi
sits
• N
o of
mee
ting
held
• N
o of
cou
nty
visi
ts
esta
blis
hed
and
thriv
ing
• Fu
nded
pro
ject
s
• A
mou
nt o
f do
nor
supp
ort
NLC
Com
mun
icat
ion
Res
earc
h an
d A
dvoc
.
Dire
ctor
ate
Stak
ehol
ders
150
100
5050
50
Dev
elop
men
t an
d
harm
oniz
atio
n of
polic
ies
Leg
al a
dvis
ory
pape
rs
Reg
ulat
ions
and
guid
elin
es;
Prop
osed
sta
tute
s
• C
reat
e m
ulti-
stak
ehol
ders
gr
oup
to d
evel
op le
gal •
gu
idel
ines
• D
evel
op le
gal g
uide
lines
• R
esea
rch
and
advo
cacy
guid
elin
es d
evel
oped
• N
umbe
r of
lega
l and
polic
y p
ropo
sals
dev
elop
ed
for c
olla
bora
tion
• Li
st o
f po
tent
ial l
egal
rese
rach
are
as d
evel
oped
NLC
,
Parli
amen
t
170
250
300
450
400
48 4949
Key
Res
ult
Are
a 5:
In
stit
uti
onal
Dev
elop
men
t A
nd
Man
agm
ent
STR
AT
EG
IC O
BJE
CT
IVE
: To
dev
elop
th
e ca
pac
ity
to e
nh
ance
eff
icie
ncy
an
d t
ran
spar
ency
in s
ervi
ce d
eliv
ery
OU
TC
OM
E: A
n E
ffic
ien
t an
d e
ffec
tive
NL
C
Stra
tegi
es
Out
puts
Act
iviti
esPe
rfor
man
ce in
dica
tors
A
ctor
sT
ime
Fram
e/B
udge
tA
utom
atio
n of
NLC
pro
cedu
res
and
proc
esse
s
Cou
ntie
s
IC
T s
yste
ms
deve
lope
d
ICT
infr
astr
uctu
re
esta
blis
hed
ICT
pol
icy
docu
men
t
• Id
entif
icat
ion
of I
CT
infr
astr
uctu
re
• D
evel
op a
n IC
T p
olic
y
• D
evel
op a
nd e
stab
lish
syst
em d
esig
n/ a
rchi
tect
ure
• In
stal
l and
Im
plem
ent I
CT
syst
ems
• IC
T P
olic
y de
velo
ped
• U
se o
f IC
T p
olic
y
• A
ppro
ved
ICT
proc
urem
ent p
lan
• N
o. o
f IC
T h
ardw
are
and
soft
war
e pr
ocur
ed a
nd
inst
alle
d
CE
O a
nd A
sst.
Dire
ctor
- IC
T,
Com
mitt
ee g
ener
al
adm
inis
trat
ion
(Mill
ion)
430
540
550
400
400
Dev
elop
men
t of
Cap
acity
of
NLC
.
Skill
ed s
taff
recr
uite
d
Inst
itutio
nal c
apac
ity
deve
lopm
ent
Trai
ned
staf
f on
rele
vant
are
as
• R
ecru
itmen
t
• D
evel
op a
Tra
inin
g po
licy
• C
arry
out
trai
ning
• C
arry
out
cap
acity
nee
ds
asse
ssm
ent
• A
ppro
ved
polic
y
• N
o. o
f sk
ills
cour
ses
iden
tifie
d
• N
o. o
f st
aff
trai
ned
on
new
ski
lls
Dire
ctor
/HR
CE
O,
Adm
inis
trat
ion
Com
mitt
ee
350
300
300
300
300
Dev
elop
men
t and
impl
emen
tatio
n
of a
reve
nue
gene
ratio
n
mec
hani
sms
Dev
elop
regu
latio
ns a
nd
guid
elin
es
Doc
umen
t pro
pert
y
valu
es a
nd ta
xatio
n
indi
ces
• E
stab
lish
Com
mitt
ees
to
deve
lop
regu
latio
ns a
nd
guid
elin
es
• E
stab
lish
Com
mitt
ees
on
dete
rmin
atio
n of
pro
pert
y
valu
atio
ns a
nd ta
xatio
n
• Id
entif
y pu
blic
c la
nd
for v
alua
tion
and
taxa
tion
asse
ssm
ent
• U
nder
take
pro
pert
y
asse
ssm
ent/
valu
atio
n an
d
billi
ng.
• R
ules
and
gui
delin
es
deve
lope
d
• C
omm
ittee
s es
tabl
ishe
d
• In
vent
ory
listin
g of
publ
ic la
nds
iden
tifie
d fo
r
asse
ssm
ent
• N
o. o
f as
sess
men
ts
unde
rtak
en a
nd b
illin
gs
mad
e
NLC
Nat
iona
l and
Cou
nty
Gov
ernm
ents
Parli
amen
t
150
200
450
600
700
5050 51
Stra
tegi
es
Out
puts
Act
iviti
esPe
rfor
man
ce in
dica
tors
A
ctor
sT
ime
Fram
e/B
udge
tD
evel
opm
ent a
nd
impl
emen
tatio
n of
a re
sour
ce
mob
iliza
tion
stra
tegy
Res
ourc
e m
obili
satio
n st
rate
gy d
evel
oped
Ade
quat
e fin
anci
al
reso
urce
s m
obili
sed
Div
ersi
fied
reso
urce
av
enue
s
• R
esou
rces
nee
ds
asse
ssm
ents
• D
evel
op a
reso
urce
m
obili
satio
n st
rate
gy•
Lobb
ying
• D
evel
opm
ent p
artn
ers
roun
d ta
ble
mee
tings
• A
ppro
ved
polic
y.•
Leve
l of
reso
urce
s m
obili
sed
• %
of
fund
s re
ceiv
ed
agai
nst b
udge
t req
uest
ed•
No.
of
prop
osal
s de
velo
ped
and
fund
ed
Dire
ctor
, Fin
ance
an
d A
dmin
istr
atio
n,C
EO
, C
omm
ittee
, Gen
eral
ad
min
istr
atio
n
9250
5050
50
Form
ulat
ion
of
NLC
pol
icie
s an
d pr
oced
ures
acr
oss
the
dire
ctor
ates
Polic
ies
and
proc
edur
es
deve
lope
d•
Dev
elop
pol
icie
s an
d pr
oced
ures
• N
o. o
f po
licie
s an
d pr
oced
ures
dev
elop
ed
and
appr
oved
.
• N
o. o
f po
licie
s an
d pr
oced
ures
in u
se
CE
O,
All
Dire
ctor
s10
050
5050
50
Ope
ratio
naliz
e co
unty
land
m
anag
emen
t bo
ards
Cou
nty
Land
Boa
rds
in
plac
eO
peni
ng s
taff
and
eq
uipp
ing
new
off
ices
• A
dver
tise
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Trai
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mem
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f sh
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job
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o. o
f tr
aini
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hops
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impl
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Com
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Stre
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publ
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and
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com
mun
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offic
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2020
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Key
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