This document provides an overview of land management practices and policies in Kenya. It discusses the different types of land tenure systems and rights of ownership, including leasehold, private, public and community land. It also outlines some key areas of land management such as land adjudication, the land market, inheritance, and access to land for investment. The presentation identifies the various players involved in land management, as well as tools used like GPS and GIS. It further discusses relevant land management policies and performs a SWOT analysis. Recommendations are provided on best practices, including implementing a land information system and harmonizing existing land laws.

1. LAND
MANAGEMENT
IN
KENYA
PRESENTATION
Group
two
Valentine
Atieno
NS/0052/010
James
Gitau
NS/0056/010
Martin
Kung’u
NS/0043/010
Michael
Mutuku
NS/0042/010
Moses
Owino
NS/0030/010
Judith
Torus
NS/0031/010
Edwin
Kedeng’e
NS/0093/010
NPL
407
PLANNING
AND
ENVIRONMENTAL
LAW

2. LAND
MANAGEMENT
IN
KENYA
An
Overview
of
current
practices
and
existing
policies
on
Land
Management
in
Kenya
Presented
by;
James
Gitau
&
Martin
Kung’u

3. RIGHTS
OF
OWNERSHIP
OF
LAND
Quan&ty
of
rights
that
different
tenure
systems
confer
on
individuals
or
groups
of
individuals

4. v
Leasehold
Tenure;
right
to
use
land
for
a
defined
period
of
&me
in
exchange
for
the
performance
of
certain
obliga&ons
e.g.
rent
v
Private
Land;
land
lawfully
held,
managed
and
used
by
an
individual
or
other
en&ty
under
statutory
tenure
RIGHTS
OF
OWNERSHIP
OF
LAND
CONT’D

5. v
Public
Land;
all
land
that
is
not
private
land
or
community
land
and
any
other
land
declared
to
be
public
land
by
an
Act
of
Parliament.
v
Community
Land;
Land
lawfully
held,
managed
and
used
by
a
specific
community
as
shall
be
defined
in
the
Land
Act
RIGHTS
OF
OWNERSHIP
OF
LAND
CONT’D

6. LAND
MANAGEMENT
KEY
AREAS
v
Land
Adjudication;
intended
to
ex&nguish
customary
tenure
and
replace
it
with
statutory
tenure
v Land
Market
operation;
deal
with
the
value,
transfer,
lease
and
mortgage
of
interests
in
land.

7. v
Inheritance
of
Land;
entails
the
transmission
of
land
rights
from
one
living
person
to
another
or
through
testate
or
intestate
succession.
v
Access
to
Land
by
Non-­‐Citizens;
non-­‐citizens
can
apply
for
and
be
allocated
land
for
any
permissible
use.
v
Access
to
Land
for
Investment;
secure
the
national
interest
and
confer
bene]its
to
local
communities
in
acquiring
investment
land
LAND
MANAGEMENT
KEY
AREAS
CONT’D

8. KEY
PLAYERS
&
ACTORS
IN
LAND
MANAGEMENT
District
Land
Board
Community
Land
Board
National
Land
Commission

9. INSTRUMENTS
AND
TOOLS
USED
IN
LAND
MANAGEMENT
GLOBAL
POSITIONING
SYSTEMS
v Finding
and
location
of
sensitive
land
marks;
v Keeping
track
of
the
locations
of
study
plots
that
have
been
established
to
monitor
forest
growth;
v Tracking
the
migratory
paths
of
species
Application
in
Environmental
Mngt;

10. Geographic
Information
Systems
It
is
a
system
designed
to
capture,
store,
manipulate,
analyze,
manage
and
present
all
types
of
geographical
data.

11. Applica&on
of
GIS
and
GPS
in
Land
Management
SEA, EIAs,
Environment
Audit
Soil
and
Water
Conserva&on
Measures
Forestry
Agriculture
Water
Resource
Solid
waste
Mngt.
Land
Mngt.
Restora&on
s
of
Wetlands

12. Policies
in
Land
Management

13. Policies
in
Land
Mngt;
v
Cons&tu&on
of
Kenya
v
Land
Policy
v
Physical
Planning
Act
v
Environmental
management
and
Coordina&on
Act
(EMCA,
1999)
v
Forest
Act
v
Water
Act
v County
Government
Act,
2012
v
Land
Act,
2012

14. SWOT
analysis
on
Land
Mngt;
Strengths
• Decentralized
services
to
the
county
level
•
Existing
legal
frameworks
•
Existence
of
institutional
set-­‐up
to
mainstream
cross-­‐
cutting
issues
•
Reform-­‐oriented
leadership.
• Existing
infrastructure
Weaknesses
• Uncoordinated
and
incoherent
land
laws
and
policies
• Weak
linkage
between
spatial
planning
and
national
development
planning
• Uncoordinated
and
incoherent
land
laws
and
policies
•
Poor
implementation
of
policies
and
laws

15. SWOT
analysis
on
Land
Mngt;
Opportuni&es
• Poli&cal
goodwill
•
Improved
accessibility
to
donor
resources
•
Increased
demand
for
land
services
• Enhanced
spa&al
informa&on
sharing
and
collabora&on
in
the
East
African
region
• On
going
public
sector
reforms
Threats
• Conflicts
in
land
use
paVerns
•
Poli&cal
interference
•
Vested
interests
on
land
•
Insecurity
land
tenure
• Illegal
and
irregular
land
alloca&ons
and
double
&tling
• Existence
of
too
many
statutes
on
land
administra&on

16. Recommendation
on
best
land
use
management
practices
v
Implementation
of
land
management
information
system
v Modernization
of
Land
registries
v Land
cover
and
land
use
mapping
v Repeal
and
harmonization
of
existing
land
laws

17. Recommendation
on
best
land
use
management
practices
cont’d
v Security
of
tenure
for
sustainable
development
v Land
use
planning
v Improve
work
environment
v Land
Banking