1. APPLYING LEWIN’S (1947) MODEL
TO UNDERSTAND CHANGE
MANAGEMENT THROUGH POLICY
AND LAW IN KENYA’S LAND SECTOR
Lyla Latif
University of Duisburg- Essen, Institute of Political
Science

2. “Can governmental organizations
change?”
Fernandez & Rainey in Managing Successful Organizational
Change in the Public Sector

3. Selection criteria
Abramson & Lawrence in The Challenge of Transforming Organizations: Lessons Learned about Revitalizing
Organizations
Large Scale
Planned
Strategic
Administrative Change

4. Background
 Pre colonialist era
 Communal land
 Chieftains
 Colonial era
 Colonialists designated areas
for the natives
 Introduced the hut and poll tax
 Concept of absolute
proprietorship introduced
 Independence
 Concept of public land
 Retention of private ownership
 Group ranches
 Post independence
 Era of land grabbing
 Illegal allocations
 Irregular allocations
 Njonjo and Ndung’u
commission
 Current period (2008 to date)
 Post election violence
 Reform period
 National Dialogue and
Reconciliation Accord -
Agenda 4
 National Land Policy 2009
 Articles 60 – 68 of the
Constitution of the Republic
of Kenya
 Revision, consolidation and
rationalization of existing land
laws

5. The laws that required revision,
consolidation and harmonization
 The Government Land Act, Cap
280
 The Registration of Titles Act,
Cap 281
 The Land Titles Act, Cap 282
 The Land Adjudication Act, Cap
284
 The Land Consolidation Act, Cap
283
 The Registration of Documents
Act, Cap 285
 The Trust Land Act, Cap 288
 The Rent Restriction Act, Cap
296
 The Registered Land Act, Cap
300
 The Way leaves Act, Cap 292
 The Landlord & Tenants (Shops,
Hotels and Catering) Act Cap
 The Land Control Act, Cap 302
 The Agriculture Act, Cap 318
 The Wildlife (Management &
Conservation) Act, Cap 376
 The Road Act No. 2 of 2007
 The Indian Property Transfer Act
(ITPA), 1882
 The Sectional Titles Act, No 21 of
1987
 The Land Acquisition Act, Cap
295
 The Trespass Act Cap 294
 The Land (Group Representative
Act) Cap 287
 The Trusts of Land Act, Cap 290

6. The list goes on…
 The Distress for Rent Act, Cap
293
 The Land Planning Act, Cap 303
 The Equitable Mortgages Act,
Cap 291
 The Mortgages (Special
provisions) Act, Cap 304
 The Mining Act, Cap 306 [The
Mining and Minerals Bill, 2011]
 The Petroleum (Exploration and
Production) Act, Cap 308
 The Egerton University Act, Cap
214
 The Sisal Industry Act, Cap 314
 The Grass Fire Act, Cap 327
 The Irrigation Act, Cap 347
 The Water Act, Cap 372
 The Fisheries Act, Cap 378
 The Kenya Ports Authority Act,
Cap 39
 The Public Roads and Roads of
Access Act, Cap 399
 The Lakes and Rivers Act, Cap
409
 The Stamp Duty Act, Cap 480
 The Estate Duty Act, Cap 483
 The Banking Act, Cap 488
 The Shelter Afrique Act, Cap 493
C
 The Geothermal Resources Act
 The Land Dispute Tribunal Act,
No 18 of 1990
 The Coast Development
Authority, Cap 449

7. The list is NOT exhaustive
 The Kerio Valley Development Authority, Cap 441
 The Lake Basin Development Authority Act, Cap
442
 The Tana and Athi River Development Authority
Act, Cap 443
 The Ewaso Ng’iro South River Basin
Development Authority Act, Cap 447
 The Environmental Management and Co-
ordination Act, No. 8 of 1999
 The Law of Contract Act, Cap 23
 Forest Act, Act No. 5 of 2005

8. Need for change and its
management to be addressed
through
 The National Land Commission Act
 The Land Act
 The Land Registration Act
 The Community Land Act

9. Methodology
Lewin’s (1947) model
 8 factor model for
change management
1. Ensure the need
2. Provide a plan
3. Build internal support
for change and
overcome resistance
4. Ensure top
management support
and commitment
5. Build external support
6. Provide resources
7. Institutionalize change
8. Pursue comprehensive
change

10. Ensure the need
 Managerial leaders to
persuade members and
stakeholders of the need
for change
 Crafting a compelling
vision (overall direction for
the change and strategies)
 Continuing process of
exchange with
stakeholders and
participants
 The long list of laws
 Irregular and illegal
allocations
 Collective goal
Features The case of Kenya

11. Provide a plan
 Course of action
(vision is not
enough)
 Policy stage (clear,
specific goals and
desired outcomes)
 Policy ambiguities
can sow confusion
 Agenda 4
 NLP, 2009
 Constitution of
Kenya, 2010
 Ministry of Land
contracting
consultants to draft
the bills
Feature The case of Kenya

12. Build internal support for change and
overcome resistance
 Build internal support
 Reduce resistance
through participation
in the change process
 Create urgency
(crises)
 Threats and
compulsion to ward
off resistance
 Bargaining,
persuasion, rewards
 Political will (bounded
hands)
 Budget allocations to
the Ministry of Land
 Ministry setting up
department to kick
start the process
 Constitutional
mandate
Features The case of Kenya

13. Ensure top management support
and commitment
 Influences the
change process
 Either an individual
or a coalition giving
legitimacy to the
process (cabinet
members, top level
career civil servants)
 Constitutional
mandate
 Commission for the
Implementation of
the Constitution set
up
Features The case of Kenya

14. Build external support
 Build support from
political overseers
(power to impose
statutory changes and
control the flow to vital
resources to public
organizations) and key
external stakeholders
(interest groups)
 Obtain the skills
required for managing
the change
 CSOs, NGOs, Human
Rights watchdogs backing
change
 Linked groups (surveyors,
economists)
 Leasehold and private
owners
 MNCs, corporations and
foreign owners and
companies
 Public consultations
 Stakeholder consultations
 Public education
Features The case of Kenya

15. Provide resources
 Sufficient resources
to support the
process (change is
not cheap or without
trade-offs)
 Department staffing for
monitoring progress
 Stakeholder and public
consultations
 Expert consultants
 Media
 Booklets for information
dissemination
 Nation wide
consultation
Features The case of Kenya

16. Institutionalize change
 Part of daily routine
to make the change
enduring
 Out with the old, in
with the new
approach
 Not easy
(Armenakis, Harris
& Field [1999]
model)
 Repeal and effecting of the new
land laws
 Piecemeal implementation
(timeline)
 Electronic registries
 Administration and management
 Overcoming challenges
 Lost files
 Few registries
 Outdated registry systems
 Investigations and adjudication of
land disputes
 The Environment Land Act, 2011
Features The case of Kenya

17. Pursue comprehensive change
 Comprehensive approach
to change (not just a
departmental change, the
whole ministry for
example)
 Understand the change
 Build momentum for the
broader array of changes
to follow
 Consistency
 Team spirited approach
 Transition
 Secondment and
termination of
contracts
 Addressing illegal and
irregular allocations
 Addressing historical
injustices
Features The case of Kenya

18. Key highlights
 Which of the steps were found to be critical?
 Each step leads to the next stage to be addressed and
brings in consistency
 Easy to follow up when monitoring and evaluating the
success or failure of the change
 Most important stages in the context of Kenya were
the first and the last
 In the context of Kenya, support was found to be
critical and if that support had not been entrenched in
law; the constitution being the highest of all laws, the
change management may not have successfully
occurred

19. Key highlights (continued)
 Has the process been successful?
 Partly yes
 The long list of laws that created ambiguity and caused
mismanagement were replaced by 2 main sources of land
law
 Registries have been streamlined and conveyancing
procedures better regulated
 Institution that were required to be set up have been
established and are functioning (National Land Commission,
the Environment and Land Court)
 Partly no
 Irregular and illegal allocations not addressed
 Issue of landlessness not addressed (squatters)
 Legal and administrative tussles over functions between
National Land Commission and county government

20. Key highlights (continued)
 What is being done to address the challenges
resulting from the change in the land sector
 Calls to amend certain provisions of the new statutes
to remove ambiguity
 Court decisions on interpretation on various provisions
of the land laws and guidance on whether the National
Land Commission or the county government exercises
jurisdiction
 Departments coming up with strategic plans to ensure
the provisions of the new land laws are fully enforced

21. Conclusion
 Can government organizations change?
 To some extent when it is a law driven initiative
backed up by political support and sometimes
international pressure.

22. Thank you for listening