Resource information
This National Land Policy will guide the country towards efficient, sustainable and equitable use of land for prosperity and posterity. The Mission of the Policy aims at: promoting positive land reforms for the improvement of the livelihoods of Kenyans through the establishment of accountable and transparent laws, institutions and systems dealing with land (sec. 1.3). The overall objective of the National Land Policy is to secure rights over land and provide for sustainable growth, investment and the reduction of poverty in line with the Government’s overall development objectives. Specifically the policy shall offer a framework of policies and laws designed to ensure the maintenance of a system of land administration and management that will provide: a) All citizens with the opportunity to access and beneficially occupy and use land; b) Economically viable, socially equitable and environmentally sustainable allocation and use of land; c) Efficient, effective and economical operation of land markets; d) Efficient and effective utilisation of land and land-based resources; and e) Efficient and transparent land dispute resolution mechanisms (sec. 1.4). Sustainable land use practices are key to the provision of food security and attainment of food self sufficiency (sec. 118).The formulation of this Policy was guided by the following principles: a) Equitable access to land for subsistence, commercial productivity, settlement, and the need to achieve a sustainable balance between these uses; b) Intra- and inter- generational equity; c) Gender equity; d) Secure land rights; e) Effective regulation of land development; f) Sustainable land use; g) Access to land information; h) Efficient land management; i) Vibrant land markets; and j) Transparent and good democratic governance of land. Effective land management requires coordination and cooperation among different sectors. This Policy should be understood and implemented taking into account all related sectors such as agriculture, livestock, water, energy, human settlement, industry, tourism, wildlife, forestry and fisheries (sec. 142).The Government shall overhaul the existing institutional framework for land administration and management to: a) Facilitate the delivery of efficient, cost-effective and equitable services; b) Ensure devolution of land administration and management; c) Facilitate access to land administration and management by the poor so that the sector can contribute to poverty reduction; and d) Ensure adequate stakeholder participation and accountability in land administration and management (sec. 229).Government shall: a) Facilitate the development of national and regional physical development plans as a basis for investment and sustainable utilisation of natural resources, taking local land use practices into account; b) Provide for implementation of cluster settlements for easier provision of infrastructure and to stop uncontrolled subdivision of land; and c) Identify and map areas which are prone to natural calamities such as floods, landslides and droughts, for national disaster preparedness (sec. 106). Kenya experiences disasters that should be managed in order to avoid the loss of human and animal life, the negative impacts on agriculture, the natural environment and the destruction of property. Such disasters include floods, earthquakes and landslides. There are no legal, policy and institutional frameworks for the prevention and management of land-related disasters. There is also a dearth of appropriate technologies and financial resources to deal with these disasters (sec. 200). The Government shall: (a) Establish legal, policy and institutional frameworks for the prevention and management of land-related disasters; and (b) Establish a suitable legal and administrative framework for resettlement in the event of natural disasters (sec. 201).
