The first set of the land laws were enacted in 2012 in line with the timelines outlined in the Constitution of Kenya 2010. In keeping with the spirit of the constitution, the Land Act, Land Registration Act and the national Land Commission Act respond to the requirements of Articles 60, 61, 62, 67 & 68 of the Constitution. The National Land Policy, which was passed as Sessional Paper No. 3 of 2009, arrived earlier than the Constitution, with some radical proposals on the land Management.

Matters of environmental migration are frequently looked at from a humanitarian perspective.1 This policy brief will instead look at it with a lens focusing on land issues. The question of environmental migration is inevitably linked to the question of land for several reasons. First, climate and environmental change trigger and accelerate the loss of land due to sea-level rise, coastal erosion, landslides and other forms of land degradation.

This book exposes the key land use and environmental problems facing Kenya today due to lack of an appropriate national land use policy. The publication details how the air is increasingly being polluted, the water systems are diminishing in quantity and deteriorating in quality. The desertification process threatens the land and its cover. The soils are being eroded leading to siltation of the ocean and lakes. The forests are being depleted with impunity thus destroying the water catchments.

Globalisation and urbanisation trends in developing countries present both opportunities for growth and development on one hand while contributing to the complex myriad challenges of managing urbanisation on the other hand. Cities and urban areas play a critical in the development of a country. They provide platforms that incorporate intense combination of economic, cultural and political factors of a country or region. Nairobi city is Kenya’s economic capital and is a major economic hub in Africa.

Cities and Urban Areas play a crucial role as engines of development as well as centers of connectivity, creativity, innovation, and as service hubs for the surrounding areas. Kenya has experienced unprecedented urban growth. At independence the urban population was about 8%. This had grown to be about 40% by 2015. It is projected that by year 2030 at least half of the Kenyan population will be urbanized. The rapid rate of urbanization exerts increased pressure on authorities to meet the needs of growing urban populations.

These guidelines provide a basis for engagement between the County Governments as planning authorities responsible for preparing, approving and implementing County Spatial Plans and the National Land Commission as a monitoring and oversight agency over land use planning. The County Government Act 2012 at section 110(1)(a) stipulates that the County Spatial Plans shall give effect to the principles and objects of county planning and development contained in section 102 and 103 of the same Act.

The absence of a clearly defined land use policy in Kenya after years of independence has resulted in a haphazard approach to managing the different land use practices and policy responses. Land use continues to be addressed through many uncoordinated legal and policy frameworks that have done little to unravel the many issues that affect land use management. The Constitution of Kenya 2010, Kenya Vision 2030 and the Sessional Paper No. 3 of 2009 on National Land Policy all call for a clear framework for effectively addressing the challenges related to land use.

This paper describes the development of a Land Information Management System (LIMS) for County Governments in Kenya. In the new Constitution 2010, devolution of some national government functions and formation of county governments was provided for. These invoked the development of new land laws to guide the devolution processes and procedures. According to the County Government Act 2012, all County Governments are supposed to develop digital Geographic Information System (GIS) based spatial plans and these calls for development of LIMS for and efficient breakthrough.

The need for affirmative action and the mainstreaming of the commons community plus a comprehensive strategy to secure indigenous and community land has become a major global concern of the 21st century. To achieve this will require out of the box reform mechanisms and the participation of the communities concerned, such that the reforms recognize and embrace indigenous systems and structures that offer avenues to secure collective rights, land use and management of commons resources; namely pastures, water and forests among others.

The application of computer technology in land administration is touted as one way of ensuring efficient and transparent land administration. Although this true, one major concern is not only how to create a computerized land information system that is interoperable across different government departments responsible for different land administration functions, but also how to ensure interoperability between national and devolved levels of government departments responsible for land administration.

The story of urbanization in Kenya should be one of cautious optimism. As an emerging middle-income country with a growing share of its population living in urban areas and a governance shift toward devolution, the country could be on the verge of a major social and economic transformation. How it manages its urbanization and devolution processes will determine whether it can maximize the benefits of its transition to a middle-income country.

The Commission has been in the forefront of promoting good governance and accountability in the land sector. Progress in the land sector has been mixed. Through the effort of the government, support agencies and other stakeholders the Commission was able to devolve its function to the 47 counties through the County Land Management Boards (CLMBs). The CLMBs have in effect devolved land services throughout Kenya. However, achieving land, better land governance, accountability in the land sector and ensuring secure land rights for all Kenyan is still to be achieved.