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COUNTRY REPORT: KENYA
Presented to the FIG Commission 7Annual Meeting, Krakow, Poland.September 17 - 23, 2003.
byJasper Ntwiga Mwenda
GENERAL
INDEPENDENCE 12 December 1963 Former British
Colony & Protectorate
REPUBLIC 12 December 1964 Executive
President
GENERAL
AREA: Over 582600 sq. KmPOPULATION: 28.7million (1999
census) Current estimate: 31 million National pop.growth rate: 2.9% Rural: 78% Urban 22% Female: 50.5% Men: 49.5% High potential land: 30%
URBAN AREAS
Urban pop. Growth rate: 6.5% pa Smaller towns ~ 9.1% Nairobi has 36% of urban population Estimated 65% Nairobi population lives
in informal settlements – may be higher in smaller towns.
CATEGORIES OF LAND
1. Government Land (~10%). Control by central government.
2. Private Land (~20%). Freehold or leasehold tenure
3 . Trust Land (~70%). Held in trust for residents by County
Councils (local authorities) until formalization of rights.
May be re-designated soon
THE MAIN LAND REFORM PROGRAMMES
1. Land distribution – allocation2. Land formalization3. Land redistribution
LAND DISTRIBUTION - ALLOCATION
From government to private ownership Sporadic Varying sizes and user
Over 100 yearsBy 2001, about 230,000 parcels
allocated
PROGRESS OF LAND REFORMS ON TRUST LAND
CONSOLIDATION AREAS
ENCLOSURE AREAS
RANGELANDAREAS
NO. OF TITLES
0.46 million 1 million 400
AREA COVERED (ha)
1.3 million 3.5 million 3 million
FIELD SURVEY METHODS
Ground survey – mainly chain and compass
Identification on un-rectified aerial photos
Identification on 1:50000 series topographical maps
LAND REDISTRIBUTION
Subdivision and allocation of large farms, previously owned by settlers to larger numbers of farmers
White settlers owned 7.5 million acres (~ 3 m ha) of farm land – about 30% of high potential land
Two approaches used: - 1. Government initiative (WB, UK, Germany etc.) 2. Private – Land buying Co., Co-op & self-help
groupsPrivate initiatives have settled more people
STATUS OF LAND REDISTRIBUTION PROGRAMME (2001)
Settlement Schemes (Govt.)
Company & Co op farms (private)
Area (ha) 1 million 2.2 million
No of farms/ schemes 422 2700
No of families settled 160000 -----
No of titles issued
120000 1.5 – 1.8 (est.)
LAND REGISTRATION
Title and deeds systems in existenceIntention to phase out deeds system
since 1920 Deeds system exist because conversion
voluntary or when transaction involving title occurs
LAND FORMALIZATION
Land under customary tenure brought to the register. Freehold title for agricultural use.
English system of registrationSystematic approach usedThree different approaches: -
1. Consolidation 2. Enclosure of existing parcels 3. Identification of group ranches
DEEDS SYSTEMS
Exist under three Acts 1. Registration of Documents Act, 1901
– simple deeds system 2. Land Titles Act, 1908. Simple then
upgraded to advanced in 1911. 3. Government Lands Act, 1915 –
Advanced deeds system.
TITLE SYSTEMS
Two title registration systems: - 1. Registration of Titles Act, 1920
Requires fixed boundary surveysTorrens systemSlightly over 200000 titles
Registered Land Act, 1963Serves both general and fixed boundaries
systemsEnglish title system> 2 million titles
PROGRESS IN ISSUANCE OF TITLE TO LAND (1976-1999)
0
500000
1000000
1500000
2000000
2500000
3000000
3500000
1976 1984 1992
No of titles
LAND ADMINISTRATION ARRANGEMENTS
MINISTRY OF LANDS & SETTLEMENT – Main player Departments within Min. of Lands & Settlement: -
1. Lands – Allocation of Govt. land, Govt. valuation, registration of land 2. Survey of Kenya – Surveying and Mapping. Licensed surveyors also involved in
title surveys 3. Land Adjudication & Settlement – formalization, redistributive and consolidation
reforms 4. Physical Planning – planning of land 5. Administration – coordination of activities within the Ministry
Other authorities: - a. Office of the President – especially allocations b. Min. of Roads & Public Works c. Min. of Agriculture d. Min. of Local Government etc.
INSTITUTIONS FOR TRAINING SURVEYORS
UNIVERSITIES University of Nairobi Jomo Kenyatta University of Agriculture
& TechnologyPOLYTECHNIC/COLLEGE
The Kenya Polytechnic Kenya Institute of Surveying & Mapping
LOCAL TRAINING INSTITUTIONS
INSTITUTION COURSEANNUALINTAKE
DURATION(years) COMMENTS
University of Nairobi
B ScM Sc
282
52 Geomatics
Jomo Kenyatta Univ. of Agric. & Technology
B Sc 28 5 Geomatics
Kenya Polytechnic
DiplomaHND
6015
32
Surveying and Cartography
Kenya Institute of Surveying & Mapping
DiplomaHND
10825
32
Surveying, Cartography, Photo & RS, Map Repro
PROFESSIONAL MEMBERSHIP (Institution of Surveyors of Kenya)
CHAPTERCATEGORY OF MEMBERSHIP
TOTAL
Full Associate Technician
LAND SURVEYORS
90 108 10 208
BUILDING SURVEYORS
39 6 N/A 45
LAND MANAGEMENT
19 2 N/A 21
VALUATION & ESTATE MANAGEMENT
326 167 N/A 493
SOME CURRENT LAND ISSUES
1. Constitutional conference in progress - greater control by communities in land allocation - more accountability with regard to community land - redesignation of land categories - National Land Commission (being discussed)
2. Repossession of ”illegally allocated” land 3. ”New generation” title deeds (?) 3. Informal settlements – upgrading
- what rights and to whom - MOU with UN-Habitat
LAND ISSUES (contd)
4. Computerization of land records A number of initiates with a number of donors on going
but little coordination between donors Physical Planning – France Survey of Kenya – Japan, France Adjudication & Settlement – Germany Lands – UK, Denmark Advertisement in May in Press seeking solution
5. Need for better coordination between Ministries with regard to land issues
KENYA IS A WONDERFUL COUNTRY. PAY US A VISIT AND SEE FOR YOURSELF
THANK YOU dziekuye bardzo
Do-zabacze nia w Kenii
GENERAL