Kenya - Land Governance Country Profile

5. Land Administration and Institutions

There are several institutions that are involved in land governance in Kenya. The major ones are:

5.1 The Ministry of Lands and Physical Planning

The Ministry is charged with the responsibility of providing policy direction and coordinating all matters related to lands and physical planning. The ministry’s functions include: registration, valuation, surveying, adjudication settlement and physical planning.

It has three key departments:

• The Department of Land: This is charged with the responsibility of ensuring efficient administration and sustainable management of the land resource in the country. Its mandate is to formulate and implement land policy, undertake physical planning, register land transactions

• Department of Physical Planning: This department aims at achieving a balanced regional development over the national geographic space for the benefit and welfare of all. Key activities include; Feasibility studies into matters concerning physical planning and advising on matters concerning

• Department of Survey: This department implements the Government’s policy of sustainable exploitation of land and its natural resources. It is also tasked with carrying out hydrographic surveys for safe navigation, exploration and exploitation of natural resources of rivers, lakes.

5.2 The National Land Commission (NLC)

The mandate of the National Land Commission (NLC) is drawn from the National Land Policy of 2009, Constitution of Kenya 2010, National Land Commission Act, 2012, the Land Act 2012 and the Land Registration Act of 2012. The NLC is concerned with: managing public land on behalf of the national and county governments; advising the government on land registration; researching on land use and management; and finding ways to redress historical injustices, among others.

The specific functions of NLC are:

• On behalf of, and with the consent of the national and county governments, alienate public land;

• Monitor the registration of all rights and interests in land;

• Ensure that public land and land under the management of designated state agencies are sustainably managed for their intended purpose and for future generations;

• 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 government; and

• Develop and encourage alternative dispute resolution mechanisms in land dispute handling and management.

5.3 Environment and Land Court

The Court is established under section 4 of Environment and Land Court Act, 2011. This is an Act of Parliament to establish a superior court to hear and determine disputes relating to the environment and the use and occupation of, and title to, land, and to make provision for its jurisdiction functions and powers, and for connected purposes.

Section 13(2) of the Environment and Land Court Act provides that the Court:

• shall have jurisdiction to deal with disputes relating to environmental planning and protection, land use planning, title, tenure, boundaries, rates, rents, valuations, mining, minerals and other natural resources, compulsory acquisition of land, land administration and management,

• public, private and community land and contracts or other instruments granting any enforceable interests in land; and

• Any other dispute relating to environment and land.

5.4 Magistrates Courts

It is important to note that the Magistrates Courts still have jurisdiction to entertain land matters subject to their pecuniary jurisdiction. This was set out in Kenya Gazette (Notice Number 16268). If the dispute affects a community, then a representative of the community appointed by members of that community can file the relevant claim on behalf of the other members of the community. This is provided for under Order 4 rule 4 of the Civil Procedure Rules 2010 which relates to representative suits.

5.5 Other Institutions

Other institutions are:

• The Institution of Surveyors of Kenya (ISK): The ISK is the professional organization in this country that brings together the “landed” professionals. It brings together the disciplines of the surveying profession namely the Valuers, Land Surveyors, Geomatic Engineers, Registered Estate Agents, Property Managers, Building Surveyors, Land Administration Managers and Facilities Managers. The key objectives of the Institution is to promote professional ethical performance of services rendered by our members and also to ensure that our members actively contribute towards the development of national and international policies, strategies and plans for land management in a sustainable manner. It offers a Diploma in Land Management Surveyors that equips such the graduate with better ways of handling the process of land administration with a view to achieving optimum returns from such land.

• The Kenya Land Alliance (KLA): The KLA) is formally a Trust and registered as a NGO established create an institutional framework for land laws and policy

advocacy. It conducts the following activities lobbying and advocacy for policy and legislative reforms; participation in the national debate on land reform and adoption of constitutional principles on land and property, the environment and natural resources and facilitating and coordinating the networking, information gathering and sharing among KLA members and others.

• The Land Development and Governance Institute (LDGI). The LDGI was incorporated as a not-for-profit organization to fill the apparent gap in the land sector between pure advocacy associations and professional associations. It offers a bridge for communities and stakeholders to meet policy makers as well as for policy makers to meet communities for effective policy formulation and implementation. Advocates for good policies, laws and practices, track implementation of policies through our regular Scorecards and policy analysis forums; empower society by sharing information through media, artwork and capacity building forums at county level and carry out research to establish

innovations in land use and development; capacity build technical officers, land owners, users and managers at the county level on the constitutional and policy provisions on land and convene several county level forums, featuring topics such as land management and administration, land use planning, sub-divisions, boundaries and dispute resolution.