Sessional Paper No. 1 of 2017 On National Land Use Policy PDF

PRINTED BY THE GOVERNMENT PRINTER, NAIROBI
REPUBLIC OF KENYA
MINISTRY OF LANDS AND

PHYSICAL PLANNING
Sessional Paper, No. 1 of 2017

on
National Land Use Policy
OCTOBER, 2017
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Enhancing!optimal!Productivity,!Efficiency,!Equity!and!Sustainability!in!Land!Use! !
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FOREWORD
As provided for by Article 260 of the Constitution, Land in Kenya is

defined as the surface of the earth and the subsurface rock, any body of
water on or under the surface, marine waters in the territorial sea and
exclusive economic zones, natural resources completely contained on or
under the surface and the airspace above the surface. It represents an
important resource for the economic life of a majority of people in
Kenya. The way people handle, and use land resource is decisive for
their social and economic well-being as well as for the sustained quality
of land resources. Land use however is not only a realm of those directly
using it; it is exposed to part of the wider reality of social and economic
development and change. Land use therefore is a highly dynamic
process. This implies that policy formulation and development planning
need to be based on a sound understanding of these dynamics.
Throughout human history, land has played a significant role in society.
Land has been the focus of productive activities and a source of political
power in any given society. All nations in the world are land based units,
whose boundaries reflect social, cultural and political identity. From a
human settlements point of view, land is a principle instrument in
fostering social justice, development, provision of decent dwellings and
health conditions; and therefore, its use should reflect the interest of the
society as a whole.
Key challenges face the optimal and sustainable use of land in Kenya.
The judicious management of natural resources, land being one, is
based on the premise that an equitable and sustainable relationship
between human and natural resource is fundamental and essential for
stability and progress of the land sector in a nation’s development.
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The biggest challenge that the country faces is to strike a balance

between satisfying the human livelihood needs and sustainable use of
resources for posterity. Other challenges include:
• The decline in the supply of pastures and portable water which stirs
conflicts among pastoralists and between small and large-scale
irrigation farmers.
• Poor quality of air and water which increases disease risks in human
beings, livestock, wildlife and extinction of other life forms.
• Destruction of water catchment areas that causes shortage of water
and electricity supply necessitating rationing.
• Desertification which reduces the productivity of land leading to food
insecurity, reduced income and inhibits the accumulation of economic
assets.
These challenges spell a gloomy future for the country unless the status
quo is changed. The formulation of a National Land Use Policy will thus
seek to balance different, yet related, concerns such as food security,
human settlements, environmental protection and climate change; and
other economic pursuits. The policy will also take cognizance of social,
cultural, economic, political and spatial dimensions of development.
PROF. JACOB T. KAIMENYI, PhD, FICD, EGH

CABINET SECRETARY
MINISTRY OF LANDS AND PHYSICAL PLANNING
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EXECUTIVE SUMMARY
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 justify formulation of a
framework for effectively addressing the challenges related to land use.
It is in response to this call that this Land Use Policy has been
developed, incorporating all activities that are likely to have an impact on
the use of land and its resources.
The overall goal of the national land use policy is to provide legal,
administrative, institutional and technological framework for optimal
utilization and productivity of land related resources in a sustainable and
desirable manner at national, county and community levels. The Policy is
premised on the philosophy of economic productivity, social
responsibility, environmental sustainability and cultural conservation. Key
principles informing it include efficiency, access to land use information,
equity, elimination of discrimination and public benefit sharing.
The Policy is cognizant of numerous factors that affect land use in Kenya
which include geographic and ecological features, population
distribution, social, historical, cultural and economic factors. Other key
factors are administrative, institutional and policy instruments,
investment, urbanization and land tenure.
So as to ensure efficient, productive and sustainable use of land, key

measures shall be taken by the government (both national and county)
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and all land users. These include: sound land use practices, conservation
and enhancement of the quality of land and land-based resources and
the proper management of demographic and health parameters. The
Government shall institute mechanisms designed to induce land owners
to put their land to productive use and encourage the application of
efficient technology for the intensification of land use. Urban land use
will be improved through measures such as establishing transparent,
accountable, sustainable, comprehensive and participatory governance
structures and decision-making processes.
Other key measures address issues of land cover, land use data and land
use planning. Land use plans shall be developed at both national and
county levels with full participation of all stakeholders and strict
adherence to them shall be enforced. Mapping and documentation of all
land uses in the country shall be undertaken, as well as developing a
framework for incentives to encourage maintenance of forest cover, land
banking for industrial, commercial, agricultural, residential and
infrastructure development.
In order to fully realize the objectives of this Policy and reduce

contradiction between various government sectors and agencies, all
sectoral laws and policy frameworks will be revised and harmonized to
bring them into accord with the recommendations of this Policy, these
include various land and land related acts and sectoral policy frameworks
such as; the Physical Planning Act Cap 286, the Land Act 2012, the
National Land Commission Act 2012, the County Governments Act, 2012,
the Land Registration Act 2012, Wildlife Conservation and Management
Act, 2013, Kenya Maritime Authority Act Cap 370, the National Land
Policy, the National Urban Development Policy, Maritime policies and
Environmental Conservation policies.
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Acronyms
AFA Agriculture and Food Authority
AFFA Agriculture, Fisheries and Food Act
ASAL Arid and Semi-Arid Land
DRSRS Directorate of Resource Survey and Remote Sensing
EMCA Environment Management and Coordination Act
GDP Gross Domestic Product
KENHA Kenya National Highways Authority
KNBS Kenya National Bureau of Statistics
KURA Kenya Urban Roads Authority
KWS Kenya Wildlife Service
LAPSSET Lamu Port South Sudan Ethiopia Transport Corridor
MDAs Ministries, Departments and Agencies
MEA Multilateral Environment Agreement
NEMA National Environment Management Authority
PRSP Poverty Reduction Strategy Paper
SEZ Special Economic Zone
TBNRM Trans-Boundary Natural Resource Management
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TABLE OF CONTENTS
FOREWORD ......................................................................................................... iii
EXECUTIVE SUMMARY ....................................................................................... v
TABLE OF CONTENTS ........................................................................................ vii
CHAPTER ONE: INTRODUCTION ..................................................................... 1

1.1 Background ................................................................................................. 1
1.1.1 Land and Land Use in Kenya at a glance ....................................................... 1
1.1.2 Statement of the Problem ............................................................................ 1
1.1.3 Government Initiatives ................................................................................. 2
1.2 Vision ......................................................................................................... 4
1.3 Mission ....................................................................................................... 4
1.4 Objectives .................................................................................................. 4
1.5 Philosophy of the National Land Use Policy.................................................... 5
1.6 Guiding Principles and Values of the National Land Use Policy ........................ 6
1.7 Method ....................................................................................................... 6
1.8 Policy review ............................................................................................... 7
CHAPTER TWO: LAND USE IN KENYA ............................................................. 8

2.1 Geographical Characteristics ....................................................................... 8
2.2 Land Capability .......................................................................................... 8
2.3 Population ............................................................................................... 10
2.3.1 Distribution .............................................................................................. 10
2.3.2 Population and Land use ........................................................................... 12
2.4 Land Use and Land Cover ......................................................................... 13
2.4.1 Land Use ................................................................................................. 13
2.4.2 Land Use Data ......................................................................................... 14
2.4.3 Land Cover .............................................................................................. 15
2.4.4 Land Availability ....................................................................................... 15
2.5 Land Use Policy Themes ........................................................................... 15
2.5.1 Agricultural Development .......................................................................... 15
2.5.2 Pastoralism and Livestock Development ..................................................... 18
2.5.3 Industrial Development ............................................................................. 18
2.5.4 Mining and Energy ................................................................................... 19
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2.5.5 Tourism ................................................................................................... 19
2.5.6 Transport and Infrastructure ..................................................................... 20
2.5.7 Natural Resources and Environment .......................................................... 20
2.5.8 Human Settlement/Housing ...................................................................... 24
2.5.9 Urban Land Uses ...................................................................................... 25
2.6 Factors that Influence Land Use and Development ..................................... 26
2.6.1 Land and Livelihoods ................................................................................ 26
2.6.2 Socio- Cultural Aspects of Land ................................................................. 26
2.6.3 The Land Connection to Poverty ................................................................ 28
2.6.4 Historical factors ...................................................................................... 29
2.6.5 Legal, Administrative and Institutional Structures ....................................... 29
2.6.6 Land Management Systems....................................................................... 29
2.6.7 Policy and Legislative Frameworks ............................................................. 30
2.6.8 Land Market and Taxation Regimes ........................................................... 30
2.6.9 Land Tenure Systems................................................................................ 31
2.6.10 Sectoral Land Use Conflicts ........................................................................ 32
CHAPTER THREE: POLICY GUIDELINES, PRINCIPLES AND STRATEGIES .... 33

3.1 Land Tenure ............................................................................................. 33
3.2 Land Management and Administration ........................................................ 34
3.3 Land Taxation .......................................................................................... 35
3.4 Population Growth and Distribution ............................................................ 36
3.5 Productive and Sustainable Use of Land ..................................................... 37
3.6 Rural Land Uses and Agricultural Development ........................................... 38
3.7 Urban Development and Management ........................................................ 39
3.8 Land Management and Development ......................................................... 41
3.9 Land Use.................................................................................................. 42
3.10 Land Cover............................................................................................... 42
3.11 Rangelands Degradation ........................................................................... 43
3.12 Cultivation on Marginal Lands and Fragile Ecosystems ................................. 44
3.13 Environmental Degradation ....................................................................... 44
3.14 Bio-diversity Conservation ......................................................................... 45
3.15 Climate Change ........................................................................................ 46
3.16 Urban Environment Management ............................................................... 47
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3.17 Coastal and Maritime (Blue Economy) Environmental Management and

Conservation ............................................................................................ 48
3.18 Surface and Underground Water Bodies ..................................................... 49
3.19 Agriculture Environment Management ........................................................ 51
3.20 Trans-Boundary Issues.............................................................................. 51
3.21 Information and Knowledge Gap on Natural Resources................................ 53
3.22 Government Priorities on Issues of National Heritage .................................. 54
3.23 Physical Development Planning .................................................................. 54
3.24 Provision of Infrastructure and Services in Human Settlements .................... 56
CHAPTER FOUR: IMPLEMENTATION FRAMEWORK ...................................... 58

4.1 Institutional Framework ............................................................................ 58
4.1.1 National Council for Land Use Policy .......................................................... 58
4.1.2 National Technical Implementation Committee ........................................... 59
4.1.3 County Technical Implementation Committees............................................ 60
4.1.4 Ministry of Lands and Physical Planning...................................................... 60
4.1.5 The National Land Commission .................................................................. 61
4.1.6 Ensuring Sound Implementation of the National Land Use Policy.................. 62
4.2 Review of Existing Legislation .................................................................... 66
4.3 Review of Existing Policy Frameworks ........................................................ 66
4.4 Preparation of Planning Guidelines and Manuals ......................................... 67
4.5 Dissemination of the Land Use Policy Guidelines and Principles .................... 67
4.6 Estimated Budgetary Requirements ........................................................... 68
4.6.1 Capacity Building for National Department of Physical Planning .................... 68
4.6.2 Communication Strategy ........................................................................... 69
4.6.3 Review of Policies and Existing Legislations ................................................ 69
4.6.4 Development of Policy Guidelines, Standards, Strategies and Manuals .......... 69
4.6.5 Enhancement of Capacity of Counties to Perform Physical Planning Functions69
4.6.6 Mapping and Documentation ..................................................................... 70
4.6.7 Preparation of Land Use Reports ............................................................... 70
4.6.8 Establishment of a Land Reclamation and Restoration Fund ........................ 70
4.6.9 Development of an Action Plan for Implementation of the Policy .................. 71
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CHAPTER
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1 INTRODUCTION
1.1 Background
1.1.1 Land and Land Use in Kenya at a glance

Land is the most important factor of production, besides labour and capital in
Kenya. It is not only a critical resource, but also the foundation of economic
development for the country.
The major land-cover types in Kenya are forests, savannahs, grasslands,
wetlands, fresh and saline water bodies, and deserts. These are used for
agriculture, pastoralism, water catchments, nature reserves, urban and rural
settlements, industry, mining, infrastructure, tourism and recreation. Other
uses include cultural sites, fishing, forestry and energy. A larger population in
the country derives their livelihoods from land based activities.
1.1.2 Statement of the Problem
The use of land in urban and rural areas as well as in the land/water interface
has been a major area of concern to all Kenyans. Problems of rapid
urbanization, inadequate land use planning; unsustainable agricultural and
industrial production methods, poor environmental management, poor cultural
practices, inappropriate ecosystem protection and management are
commonplace and require appropriate policy responses.
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. In addition, land use issues continue
to be addressed through many uncoordinated legal and policy frameworks that
have done little to unravel the many issues that affect land use management.
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Economic, social and political stability is determined by the extent to which

instruments of governance facilitate the productive and sustainable use of land.
While Kenya has made important strides towards promoting productive and
sustainable use of land, there are still a number of challenges which need to be
addressed at policy level. The question of appropriate and beneficial use of
land in Kenya has gained prominence in the face of growing population and
mounting demand for land resources. This calls for prudent and participatory
planning and utilization of these resources in an equitable, efficient and
sustainable manner that optimizes production.
1.1.3 Government Initiatives

In the past, efforts on land use and environment management were
uncoordinated as Kenya has not had a national land use policy. The colonial
period introduced various English Laws and policies such as the Swynnerton-
Plan (1954) to manage land use and emerging conflicts which were manifested
in form of Land Planning regulations. These regulations were transformed to
the Land Planning Act Cap 303 and the Land Control Act Cap 302.
Other government initiatives to address land use planning and facilitate
efficient use of land and other natural resources as the foundation for economic
development in Kenya included; the Sessional Paper No. 10 of 1965, on African
Socialism and its Application to Planning in Kenya, which emphasized the need
for planning as the basis for development and growth; Sessional Paper No. 1 of
1986 on Economic Management for Renewed Growth that focused on the need
for rural urban balance as a way of addressing social economic development
challenges facing the country. Others include Poverty Reduction Strategy
Paper, 2003-2007, Economic Recovery Strategy for Wealth and Employment
Creation 2003-2007 and the Kenya Vision 2030.
The following Acts of Parliament had specific provisions touching on matters of
land use and management of land based resources; the Physical Planning Act
Cap 286, Land Control Act Cap 302, Agriculture Fisheries and Food Authority
Act No. 13 2013, Water Act 2002, Wildlife Conservation and Management Act
Cap 376, Environmental Management and Coordination Act (Amendments)
2015, Forest Act Cap 385, 2005. However, of all the past initiatives the one
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policy framework that has brought forth the need for a National Land Use
Policy is Sessional Paper No. 3 of 2009 on National Land Policy.
Following the promulgation of the constitution of Kenya 2010, the following
statutes that have specific matters on land use, were enacted;
a) Urban Areas and cities Act, 2011
b) County Government Act,2012
c) Land Act, 2012
d) Land Registration Act, 2012
e) National Land Commission Act, 2012
f) Land (Amendment) Act, 2016
g) Community Land Act, 2015
The need for a policy framework to guide matters of land use and development
was pronounced further under the provisions of Chapter Five of the
Constitution of Kenya, which specifically under Article 60 require that land in
Kenya has to be managed and used in a manner that is equitable, efficient,
productive and sustainable. In addition, Articles 66, 68 and 69 provide for
regulation of land uses, revision of sectoral laws on land use and sustainable
exploitation, utilization, management and conservation of the environment and
natural resources. Furthermore, the Constitution also requires equitable sharing
of accrued benefits from natural resources.
However, while each of these initiatives have had measurable successes in
addressing land use challenges, lack of institutional coordination and harmony
in the various statutes pose a challenge in the overall management of land use
in the country. Therefore, one of the major aims of the National Land Use
Policy is to provide institutional coordination in land use planning across all
relevant sectors.
In line with the provisions of the Constitution, the objectives of Kenya Vision
2030 and Sessional No.3 of 2009 on National Land Policy, the Land Use Policy
will make proposals on how to promote and develop opportunities for
investments and wealth creation. In addition, the Policy will seek to support
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livelihoods and create an enabling environment for agriculture, livestock

production, settlements and other production concerns.
The National Land Use Policy (NLUP) is a statement of intent that sets out long
term goals on land use management. It addresses issues relating directly to
the use of land and its resources. It also incorporates all activities that are
likely to have an impact on the use of land and its resources.
The Policy is important in addressing issues of optimal utilization of land and
land related resources by providing principles and guidelines for: -
i)Proper management of land resources to promote public good and

general welfare;
ii) Land use planning to enhance sustainable development;
iii) Anchoring land development initiatives;
iv) Mitigating problems associated with poor land use;
v) Promoting environmental conservation and preservation; and
vi) Preparation and review of a national spatial plan and integration of
various levels of land use planning.
vii) Land and land related conflicts
viii) Categorization of land uses in the country
1.2 Vision
A National Land Use Policy that guides Kenya towards an environmentally and
socially responsible use of land and land based resources for socio-economic
transformation of the people of Kenya.
1.3 Mission
To promote best land use practices for optimal utilization of the land resource
in a productive, efficient, equitable and sustainable manner.
1.4 Objectives
The principle objective of the NLUP is to provide legal, administrative,
institutional and technological framework for optimal utilization and productivity
of land and land related resources in a sustainable and desirable manner at
National, County and Sub-county and other local levels.
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Specifically, the Policy shall offer a framework of recommendations and
principles designed to ensure the maintenance of a land use system that will
provide for:
i. Land use planning, resource allocation and resource management for
sustainable development to promote public good and general welfare;
ii. Environmental management and sustainable production in the utilization
of land resources;
iii. Coordination and integration of institutional linkages in planning at
sectoral and cross-sectoral levels to foster collaboration and decision
making among different land users;
iv. Equitable utilization of land resources to meet governance, social-
economic and cultural obligations of the people of Kenya;
v. Anchoring land development initiatives that will respond positively to the
market demands;
vi. Integrated framework for the preparation of a National Spatial Plan and
review of various land use plans;
vii. Mainstreaming of gender and special interest groups in land use planning
and management;
viii. A comprehensive and efficient GIS-based national land use information
management system;
ix. An appropriate, independent, accountable and democratic institution for
land use conflict resolution; and
x. Mitigating problems associated with poor land use.
1.5 Philosophy of the National Land Use Policy

This Policy recognizes the central place of land in the production chain and
addresses issues that relate directly to the use of land, its resources, and the
perceptions held towards land. It incorporates measures and principles to guide
all activities, whether proposed or on-going, that may have direct or indirect
impact on the use of land and its resources. The Policy takes cognizance of the
benefits of planned use of land and its resources; and builds in measures for
integrated, equitable and sustainable utilization for optimal production.
This Policy upholds the values of economic productivity, environmental
sustainability and the conservation of culture; and seeks to facilitate their
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protection and optimal use. Through this multi-faceted approach, a

comprehensive and integrated land use framework creates the context upon
which the opportunities and constraints of the use of land in Kenya are
determined.
This Policy and its implementation shall be guided by the philosophy outlined
below;
i. Land is a critical resource and important factor of production.

ii. Land is the foundation of economic development and
transformation that should be managed productively.
iii. Land is a finite resource that should be utilized sustainably; and
iv. Land is a cultural heritage which should be conserved for posterity.
1.6 Guiding Principles and Values of the National Land Use Policy
The principles are aimed at guiding the manner in which appropriate use of
land can be achieved. The following principles and values will be upheld:
i. Efficient and sustainable land use management.
ii. Ecological sustainability.
iii. Integrity and adherence to the rule of law.
iv. Food security.
v. Access to land use information.
vi. Amicable resolution of land use conflicts.
vii. Equity, inclusivity and transparency in decision-making
viii. Effective public participation.
ix. Elimination of discrimination and respect for human rights in land
use.
x. Public benefit and interest.
xi. Order and harmony in land use.
xii. Adoption of technology in land use management.
1.7 Method
This policy was generated from;
i. The Issues and Recommendation Report produced by thematic groups
comprising of state and non-state actors.
ii. Consultative workshops organized to collect views from stakeholders.
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iii. Reports documenting past initiatives on land use practices.
iv. Input from experts, research findings as well as reports from the
academia.
v. Submissions from individuals, groups and organizations.
vi. Benchmarking with best practices within and outside the region.
1.8 Policy Review

The Policy will be reviewed after every ten (10) years to take into account
emerging issues and developments in the governance dynamics of the
country’s social-economic development. In extremis, the policy may be
reviewed to deal with exceptional circumstances arising within a period shorter
than ten (10) years.
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CHAPTER
2 LAND USE IN KENYA
2.1 Geographical Characteristics

The Republic of Kenya comprises of the territory and territorial waters. It has
an area of approximately 582,646 sq. km. comprising 97.8% dry land and
2.2% water surface (National Atlas, 2004).
As provided for by Article 260 of the Constitution, land in Kenya is defined as

the surface of the earth and the subsurface rock, any body of water on or
under the surface, marine waters in the territorial sea and exclusive economic
zones, natural resources completely contained on or under the surface and the
airspace above the surface. For this reason, the NLUP is formulated to address
all the issues, challenges and the proffered policy guidelines and principles as
considered appropriate.
It is estimated that 20% of the land of the dry land area is medium to high
potential land and the rest of the land is mainly arid or semi-arid. Forests and
woodlands occupy about 37,000 sq. km. (6.35%). Some of these form part of
national reserves and game parks which together account for 10% of the
country’s area.
2.2 Land Capability
The land capability assessment indicates that virtually, the entire Kenyan
territory is capable of supporting livelihoods. However, the capability of land to
support livelihoods varies across the country. The rangeland areas (ASAL)
which constitute approximately 80% of the country have the capability to
support large scale livestock production as well as other economic activities
related to the same. The transition areas have the ability to support both
livestock farming and crop farming albeit limitations of rainfall scarcity and
unreliability.
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The prime agricultural areas that constitute approximately 15.78% have the
capability to support different types of mixed farming. Environmentally
sensitive areas which constitute approximately 27.62% afford the country huge
opportunity to conserve the environment. These areas are also capable of
supporting low environmental impact activities such as tourism. The areas with
physical limitations which constitute are unsuitable for human settlement but
may be utilized for economic activities such as tourism, film making and
research.
This analysis depicts that there is no land in Kenya that can be regarded as low
potential. This means that all land can be put into economic use.
Topographically, the country may be divided into four distinct geographical and
ecological regions or zones with different patterns of land use, namely; the
coastal plain, the arid low plateau, the highlands, and the Lake Victoria basin.
The rainfall patterns are extremely varied but generally follow those regions,
with the Lake Victoria basin receiving the heaviest and most consistent rainfall.
The different ecological/climatic zones and their general land uses are briefly
discussed below:
i. The tropical marine coastal climates with the ocean, forested islands
and sandy beaches that are ideal for deep sea fishing, prawn farming,
horticulture and tourism. The inland lakes’ basins provide similar
opportunities for subsistence and commercial fishing, irrigation,
transport, communication, water sports and tourism;
ii. The wild and expansive savannah grasslands that host a rich diversity of
flora and fauna providing scope for traditional livestock rearing by
pastoral communities and safari adventure for tourists;
iii. The rolling countryside interspersed by small hills with deep volcanic
soils that support crop and animal production using seasonal rains and
micro-irrigation along the major river basins. This zone hosts low to
medium density human settlements with 50-300 people per sq. km;
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iv. The highlands around the mountains with rich agricultural land that
support food production by large and small-scale farmers mainly using
the rain fed system of agriculture. This zone hosts the largest
concentration of human settlements with densities ranging between
300-800 persons per sq. km;
v. The mountainous parts of the highlands with equatorial type of forests
hosting the remaining forest cover, which provides the only water
catchments for the East African region and wildlife sanctuaries and,
therefore suitable for conservation. They were out of bounds for human
activity until recently, but have now been seriously encroached by small
scale farmers resulting in wanton destruction of forest cover.
vi. The temperate mountain tops mostly covered by tundra type vegetation
and snowy weather around the year, are very attractive to mountain
climbers and tourists looking for outdoor adventure and are also
suitable for conservation; and
vii. The arid and semi-arid lands that covers approximately 80% of the
country’s land mass where nomadic communities practice pastoralism
raising over fifty percent (50%) of the livestock in the country and
hosting a considerable proportion of the country’s wildlife. The scarcity
of water in these areas has a security aspect as people and animals
compete for access to it and very often conflicts arise.
2.3 Population
2.3.1 Distribution
Kenya’s population is estimated at approximately 48 million in 2016 at an
overall growth rate of 3.4% (KNBS, Population Census Report 2009).
Population in the country is unevenly distributed. The population of Kenya is
concentrated on the central and the western parts of the country. The most
populated counties include; Nairobi, (3,138,369), Kakamega (1,660,651) and
Kiambu (1,623,282) while less populated counties include; Lamu (101,184),
Isiolo (143,294), Samburu (223,947). Age-wise the population under the age of
15 constitutes 40% of the total population. The percentage of individuals under
the different age groups decreases as age increases this shows that the
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demand for facilities and services serving the young generation is high as
compared to the aged.
Table 1: Current Population Estimation per County
COUNTY TOTAL ESTIMATED POPULATION

POPULATION 2016
2009
Baringo 555561 702062
Bomet 724186 915153
Bungoma 1375063 1737666
Busia 743946 940124
Elgeyo Marakwet 369998 467566
Embu 516212 652337
Garissa 623060 787361
Homa Bay 963794 1217946
Isiolo 143294 181081
Kajiado 687312 868556
Kakamega 1660651 2098564
Kericho 758339 958313
Kiambu 1623282 2051340
Kilifi 1109735 1402371
Kirinyaga 528054 667302
Kisii 1152282 1456138
Kisumu 968909 1224410
Kitui 1012709 1279760
Kwale 649931 821317
Laikipia 399227 504503
Lamu 101539 128315
Machakos 1098584 1388280
Makueni 884527 1117776
Mandera 1025756 1296247
Marsabit 291166 367946
Meru 1356301 1713957
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Migori 917170 1159027

Mombasa 939370 1187081
Murang'a 942581 1191139
Nairobi 3138369 3965955
Nakuru 1603325 2026121
Nandi 752965 951521
Narok 850920 1075307
Nyamira 598252 756011
Nyandarua 596268 753503
Nyeri 693558 876449
Samburu 223947 283002
Siaya 842304 1064419
Taita Taveta 284657 359721
Tana River 240075 303383
Tharaka Nithi 365330 461667
Trans Nzoia 818757 1034663
Turkana 855399 1080967
Uasin Gishu 894179 1129973
Vihiga 554622 700875
Wajir 661941 836494
West Pokot 512690 647886
Total 38,610,097 48,791,556
2.3.2 Population and Land use
Approximately seventy five per cent (75%) of the country’s population live
within the medium to high potential agricultural areas (20% of land area) and
the rest in the vast Arid and Semi-Arid Lands (ASALs). One consequence of
this is that size and distribution of individuals’ land holdings varies quite widely
as does population density which ranges from as low as 2 persons per sq. km.
in the ASALs to a high of over 2000 in parts of Kisii, Vihiga, Kiambu and the
Eastern slopes of Mount Kenya.
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By 2016, the urban population in Kenya is estimated at 11,004,417 which
represents 25% of the total population. Most rapid urban growth centers are
still confined to Nairobi, Mombasa, Kisumu, Nakuru, Eldoret, Kakamega and
their satellite extensions. The urban population growth rate in Kenya is 4.4%
as from 2010 to 2015 implying a rapid rural-urban migration pattern. This is
further reflected in the country’s poverty statistics which indicate that the
proportion of those living in absolute poverty in the rural and urban areas now
stands at 50.1% and 53.1% of the population respectively.
In the rural areas, the high to medium potential zones are dominated by
millions of small farm holdings. In some cases, insecure land-tenure systems
have led to low investment in land improvement and productivity. Many
smallholder areas are suffering continuous fragmentation of holdings into
uneconomic sizes, and farms are getting smaller in the high rainfall areas and
in the drier zones as a result of lack of a law prescribing minimum and
maximum land holdings for different land uses in Kenya. In addition, many
large farms that used to produce seed and breeding stock have been sub-
divided and transferred from state to private ownership.
2.4 Land Use and Land Cover
2.4.1 Land Use
Land use refers to the activities to which land is subjected to and is often
determined by; economic returns, socio-cultural practices, ecological zones and
public policies. In the context of this policy, land use is defined as the economic
and cultural activities practiced on the land.
Land cover on the other hand, denotes the physical state of the land and
describes the quantity and type of vegetation.
Land use and land cover are interconnected by human actions that directly
alter the physical environment such as bio-mass burning, irrigation,
deforestation and the application of fertilizer.
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The interaction between physical processes and human activities produce land
cover changes or alterations of the properties of the land surface, taking either
the form of a conversion or modification which leads to secondary
environmental impacts (such as soil erosion, micro climatic changes and
changes in water quality among others) and reflects human goals mirrored on
land use and land use changes.
Key land uses in Kenya include; agriculture, industrial, commercial,

infrastructure, human settlements, recreational areas, rangelands, fishing,
mining, wildlife, forests, national reserves and cultural sites among others
spread across the high, medium and low rainfall areas.
2.4.2 Land Use Data

The existing land use data is outdated and inadequate. The data on land uses
was developed during the colonial times and has not been updated to match
the changing circumstances.
Access to land use data is limited to a few institutions that generate the data
with little dissemination to the public. Despite the importance of land cover and
land use to understanding national environmental changes there are challenges
related to data availability and access and interpretation and dissemination,
other challenges include;
i. Inadequate useful data,

ii. Lack of common definitions and standards of land use,
iii. Lack of systematic and coordinated data collection activities,
iv. Challenges in data interpretation, and
v. Lack of comprehensive mechanisms for capturing cumulative change
manifested through the geographically dispersed, progressive result of
human activity such as soil loss, habitat loss and loss of biological
diversity.
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2.4.3 Land Cover
There is a low level forest cover with the current level being 7.5% of the total
dry land cover. This is below both the national and international standards
which stand at 10% and 30% respectively.
There has been consistent loss of forest cover to other competing land uses
such as real estate development, agriculture, infrastructure development,
industrial and commercial developments and energy requirements.
The forests have been deliberately and illegally reduced to croplands, croplands
changed into grasslands and vice versa, while the grasslands are turning into
deserts. These changes are noticeable through declining yields in crops and
livestock per unit of land and longer distances covered by rural people to get
fuel-wood, water and grazing areas.
2.4.4 Land Availability

Land availability for various uses has been hindered by speculative investments
which have a negative impact on land use and land markets. Large tracts of
land are held for speculative purposes, reducing the stock of available lands
and driving the price of land up. This is one of the factors responsible for
noticeable distortion between demand and supply. At present there are no
mechanisms to prevent or reduce the concentration of land ownership.
Particular concerns are incidences of active speculation in and hoarding of land.
2.5 Land Use Policy Themes
2.5.1 Agricultural Development

The importance of land use in the economic and social activities of a society
makes it imperative that land is accessible, its potential for productivity is
enhanced and sustainability guaranteed. Kenya’s economy is largely based on
agriculture, which contributes about 30% of the GDP and provides livelihoods
to over 80% to the population.
Approximately 80% of Kenya’s total dry land surface is classified under ASALs.
This land supports 26-30% of the total population, 50% of the livestock sector
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as well as 70% of the wide variety of wildlife that form the basis for Kenya’s
tourism. The livestock sector contributes about 12% to the country’s GDP.
In several parts of the country, agricultural potential is limited because of

erosion, low fertility, rockiness and acidity of the soils, and dangers of
landslides. The adverse ecological and climatic conditions limit the available
amount of good quality agricultural land. Sustainable land use practices are key
to the achievement of food security and for other economic activities for
development.
Inadequate consultations and lack of common guiding principles between

sectors both in land use determination and formulation of laws has led to each
sector or institution pursuing its own objectives when it comes to planning for
land utilization.
Cultural practices, urbanization and growth of cities have led to subdivision and
conversion of agricultural land into residential, commercial and other uses.
These alternative land uses have led to conflict and disharmony over land use
allocation and reduced agricultural productivity. It is therefore important that
land is made available for different uses, for high production levels to be
achieved and maintained and sustainability ensured.
At individual household level, land is supposed to provide basic needs such as

food and firewood despite its fixed supply, coupled with the growing
population, this has led to a decrease in per capita land holding.
Agricultural land production is largely characterized by subsistence farming

where there is low uptake of technology and limited farm inputs resulting in
low production and poor quality products. Farming in the marginal lands has
also led to the decline in land productivity, loss of biodiversity, environmental
degradation and loss of moderation of the microclimate.
Effects of climate change in the form of drought, unreliable rainfall patterns,

flooding, and rise in temperatures among others has led to decline in
agricultural productivity, social disruption and migration.
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Rangelands are severely degraded due to overgrazing, poor animal husbandry
practices and conversion of rangeland to crop farming. This has led to
shrinkage of land available for wildlife, reduced productivity levels and
unsustainability.
Stringent land tenure systems where the government has limited power to
control land uses in freehold and community land, have led to subdivisions of
land into uneconomic units and under development of infrastructure facilities in
some areas.
Lack of value addition to agricultural products and poor marketing strategies

have led to lower returns to farmers which have in turn prompted conversion of
agricultural land to other land uses. This has led to shrinkage of productive
agricultural land, disharmony in land uses, low food production and a higher
cost of living.
The success of the National Land Policy will be determined by the extent to
which it will facilitate the productive and sustainable use of land. While
important strides have been made in Kenya to ensure that the land is
productively and sustainably used, there are still a number of problems which
need to be addressed at policy level. These are:-
i. Chronic underutilization of land especially in the large farm sector.
ii. Land deterioration that has occurred due to population pressure,
massive soil erosion arising from poor land use practices and variability
in climatic patterns. This has led to rapid depletion of land cover and
creeping desertification in ASALs which has in turn affected the capacity
for regeneration of the country’s water catchment areas.
iii. Abandonment of agricultural activities due to poor infrastructure for
agricultural produce such as rural access roads, marketing facilities,
financing and extension services.
iv. Incompatible land uses have resulted in human - wildlife and resource
use conflicts.
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2.5.2 Pastoralism and Livestock Development
Commercial livestock production and ranching have enjoyed the benefits of

sustained land use planning and support by the State through extension
services, market outlets and access to credit by financial institutions.
Pastoralists face a number of challenges including reduced pasture and water

shortage during times of drought and poor animal husbandry. Pastoral land
fragmentation and conversion to other uses exacerbated by climate change
impacts on rainfall has also led to their vulnerability to poverty and insecurity.
2.5.3 Industrial Development
In 2015 the industrial sector contributed 10.3% to the country’s GDP and 13%
to its employment. Locally manufactured goods comprised 25% of Kenya’s
exports. Industrial development is majorly in the form of processing and
manufacturing. The sector is mainly agro-based with recent shift towards
export-oriented manufacturing. Most industries are concentrated in major
towns.
Location of industries in Kenya has largely been influenced by availability of

raw materials, market for products and provision of infrastructure. Recent
initiatives to promote industrial development have leaned towards allocation of
large tracks of land for establishment of Special Economic Zones (SEZ),
Industrial parks and Industrial Clusters. These initiatives call for the formulation
of Land Use Policy to guide in their development.
Challenges facing the growth of the industrial sector in Kenya include land
fragmentation, poor infrastructure, and incompatibility of land uses. Further,
the industrial, commercial and communications sectors place specific demands
on land resources especially for establishment of industrial zones and plants.
Conversely, industrial development requires that special attention be paid to
environmental impacts and waste management services to mitigate pollution,
environmental and land degradation.
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2.5.4 Mining and Energy
The mining industry in Kenya is dominated by production of non-metallic
minerals such as fluorspar, gemstone, soda ash and stone mining. Most of
these mineral deposits lie under property that has been settled or privately
owned requiring acquisition, relocation and compensation. In 2015, the sector
contributed 0.9% to the country’s GDP, which is expected to increase as a
result of the recent discovery of coal and oil deposits in the country. These
activities are unregulated with little use of technology taking the form of
quarrying and direct excavations. These poses a safety risk to mineworkers and
people residing near the mining areas as well as general environmental safety.
There are low returns due to the low adoption of technology in mining and
wastage of land due to lack of intensification of mining methods. Further,
failure to rehabilitate mining fields after depletion of minerals leads to vast
waste lands.
Energy generation in Kenya has been dominated by hydro power at 52% of the
total energy production. The recent developments in other renewable sources
of energy such as geothermal solar, wind and biomass has had impact on land
use in the country. The areas with the potential for energy production falls
under land privately or communally owned. The process of acquisition,
relocation and compensation has in most cases resulted in conflict between the
resulting land uses, affected people and the developers hindering exploitation
of these resources.
2.5.5 Tourism
The growth of tourism industry in recent years has created new demand for
land, generating conflicts in land use and impacting significantly on prices, land
markets and land speculation. In 2015, the sector contributed 9.9% to the
GDP. However, there is geographical concentration of tourism activities at the
coast and in the arid and semi - arid areas. The tourism sector generates high
demands for water, solid waste management, and other environmental
resources and services. Sustainable tourism development could be threatened
by the general degradation of landscape and seascape quality caused by poor-
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designed urbanization, deforestation, erosion and ineffective waste

management.
2.5.6 Transport and Infrastructure

Transport infrastructure requires land both in clustered and linear forms for
their development. There is need to continuously develop and upgrade
transport infrastructure in the country taking into account current and
emerging trends in transportation. The resultant land use conflicts, land
acquisition and environmental safety during the development and upgrading
process calls for intervention through this Policy.
Most of the human settlement areas are not adequately provided with
infrastructure such as safe water, sanitation, drainage, solid waste disposal
services, security, recreation, education and health facilities. This is associated
with poor planning, inadequate enforcement and implementation of the plans,
dispersed nature of development in rural areas, urban sprawl and cases of land
grabbing. This phenomenon negatively affects the quality of environment and
life in the human settlements. There is therefore a need for development that
takes into cognizance the provision of basic infrastructure and services.
2.5.7 Natural Resources and Environment
The environment includes all elements, factors and conditions that have some
impact on growth and development of a society while natural resources are
the physical non-human factors and components whether renewable or non-
renewable. Article 260 of the Constitution of Kenya identifies natural resources
to include sunlight, surface and ground water, forests, biodiversity and genetic
resources, rocks, minerals, fossil fuels and other sources of energy. According
to the National Land Policy, natural resources specifically include wildlife,
forests, water and water bodies, minerals, marine ecosystem and the land itself
which are important in soil conservation, regulation of micro climate, water
catchment and a source of income and livelihoods among others.
Article 69 (b) of the Constitution requires forest cover to be at least 10% of the
total dry land cover. However, Kenya has only 7.5% forest cover due to
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deforestation, conversion of forest land into other land uses such as urban
land, and climate change among others.
Kenya has given priority to management of the environment and natural

resources as articulated in the Constitution and other developmental policies
and strategies including the Kenya Vision 2030. Article 42 of the Constitution,
provides for a clean and healthy environment which includes the right to have
the environment protected for the benefit of the present and future
generations through legislative framework. Article 69 (a) provides that the
State shall ensure sustainable exploitation, utilization, management and
conservation of the environment and natural resources and ensure the
equitable sharing of the accruing benefits.
Recent positive developments concerning the environment and natural

resource management include the enactment of the following laws: The
Environment and Land Court Act (2011), the Agriculture Act (AFFA), the
National Land Commission Act (2012), Environment Management and
Coordination Act (1999), Wildlife Act, Forest Act, Water Act, Fisheries Act, and
various Multilateral Environmental Agreements (MEA).
The emerging societal demands have necessitated the review of utilization and
management of natural resources and the environment in a more sustainable
manner. Currently, land use and environmental management is guided by
multiple sectoral laws and guidelines which are not harmonized. Moreover, they
are multi-layered and sometimes in conflict, which in turn creates overlapping
mandates and affects the operational framework for the application of
legislation. In addition, the evolution of the legal framework has not been in
tandem with the changes of population and technological needs. Furthermore,
the introduction of the devolved system of governance and the vesting of
community lands in local communities calls for harmonization and review of
environmental management and natural resource legislation and policies.
The NLUP shall address the following issues;
2.5.7.1 Environmental Degradation

Environmental and natural resources conservation is key for the realization of
any socio-economic development in a country. Environmental degradation
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entails pollution of water, air and the land resource. It also includes the
destruction of natural resources like the forest through encroachment and
deforestation, destruction of wetlands, water catchment areas, cultural areas
and additional damaging activities like over mining, quarrying and other
excavation activities.
2.5.7.2 Agriculture Environment Management

Challenges associated with agricultural activities include cultivation on slopes,
encroachment into wetlands, salinization in ASALs, soil erosion, landslides,
eutrophication of water bodies, over grazing, deforestation and use of
inappropriate technologies.
2.5.7.3 Coastal Environmental Management and Conservation
The country's coastal region is affected by soil erosion, encroachment of high

water marks, destruction of marine breeding sites, destruction of coral reefs
and mangrove forests, extinction of species, competition from infrastructure
and other development projects, restricted fish landing sites and obstruction of
access to the beach among others.
Kenya has an exclusive economic zone totaling to 142,400 square kilometers

and an extended continental shelf of 103, 320 square kilometers. In spite of
the high potential for exploitation and development of the marine economy not
much has been done to tap into it for the mainstream economic development
of the country. The high potential for deep sea fishing remains underutilized
and has largely been dominated by foreign fishing groups. The potential within
this area includes fisheries and aquaculture, renewable ocean energy, sea ports
and shipping, seabed exploration and minerals, marine biotechnology and
tourism.
2.5.7.4 Rangelands Degradation

Reduction in the sizes of land holdings, fragmentation due to conversion into
other land uses, soil erosion and climate change leading to reduction in
pastures and water supply as well as over-stocking continuously affect range
management.
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2.5.7.5 Urban Environment Management
As the country industrializes and the population increases, more people migrate
to the urban areas resulting to problems of pollution, informal settlement,
strain on infrastructure, waste management, public health and safety among
others.
2.5.7.6 Pastoral Lands/ Arid and Semi-Arid Lands

Arid and Semi-arid lands are threatened by land fragmentation, resource
conflicts, reduced productivity, and loss of species, desertification and
sedentarization resulting in loss of livestock during droughts.
2.5.7.7 Climate Change

Global climate changes have triggered erratic weather patterns across the
country. The unpredictable weather patterns have led to floods, droughts,
famines, low water levels and melting of snow from mountain tops. The
situation is further aggravated by the lack of adequate, systematized
information for long term predictions and planning to deal with the challenge of
climate change and natural catastrophes.
2.5.7.8 Cultivation on Marginal Lands and Fragile Ecosystems

Cultivation in marginal lands and fragile ecosystems leads to environmental
degradation and other challenges among them; loose soils, destruction of
ecosystem and the microclimatic, soil erosion, eutrophication and increased
rainwater runoff.
2.5.7.9 Bio-diversity Conservation

Kenya is endowed with a rich bio-diversity. However, its natural resources and
environment are threatened by various challenges such as destruction of the
natural habitat, loss of species, desertification and uncontrolled introduction of
invasive species.
2.5.7.10 Trans-boundary Issues

The conservation and management of trans-boundary natural resources is vital
for the natural resource and environmental sustainability. Some resources such
as lakes, rivers, forests and wildlife are ecologically dependent on elements
beyond the national boundaries. The trans-boundary natural resources and
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environment are affected by conflicting policies and approaches by various

stakeholders.
2.5.7.11 Unsustainable Natural Resource Exploitation

The prevalence of inappropriate land tenure systems coupled with the high
population growth rate in the high potential areas has pushed a significant part
of the population among farming communities away from their traditional areas
to less productive lands and forested areas which have been alienated for crop
production. This has eaten into the traditional forest areas with resulting
deforestation and destruction of indigenous forests and water-towers. It has
severely reduced the volume of water that is available in the country and
contributed, along with climate change to a changed pattern of rain
distribution. Unsustainable farming methods in these sensitive areas have
resulted in severe soil erosion and degradation which has reduced the overall
capacity for sustainable food production in the country.
2.5.7.12 Information and Knowledge Gap on Natural Resources

There is inadequate information and knowledge on the location, extent, level of
exploitation, quality and quantity of natural resources in the country. Natural
resource mapping is primarily done by Directorate of Resource Survey and
Remote Sensing (DRSRS) while other natural resource mapping is done by
different organizations. Therefore, there is need for unified mechanisms for
collection, storage and dissemination of environment and natural resources
information.
2.5.8 Human Settlement/Housing
Rural settlements are generally characterized by a dispersed pattern of

homesteads and low population density while urban settlements are compact
and densely populated. The rural population mostly depends on the natural
environment for their livelihood through primary production in agriculture and
livestock keeping among others while the urban dwellers are primarily
dependent on manufacturing industry and services sector.
While the government is committed to international declarations and best

practices (such as the Istanbul Declaration on Human Settlements and the
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Habitat Agenda), not much has been achieved in the development of adequate
shelter for all. The most notable reasons are low levels of income for the
majority of the population, high cost of land, shortage of skilled manpower,
high cost of building materials, inadequate funding in the housing sectors
among others.
Rural areas are characterized by poor social and physical infrastructure which
includes roads, education, and health and recreation facilities while the urban
settlements are more nucleated with higher population densities resulting in
increased human settlement and urbanization challenges. Majority of urban
dwellers are low income earners hence face enormous challenges in terms of
lack of secure land tenure system, housing, water and sanitation. This shortfall
in housing results in proliferation of squatter and informal settlements.
Many settlements and communities have become dysfunctional, either because

they have lost critical public functions, or because they have been created
without due attention being paid to necessary services, infrastructures and
networks, especially in the case of housing partitions. Demands created by
these developments on public services and utilities are very costly and taxing
on government agencies and utility institutions.
The challenges of poor planning, shortfall in supply of housing, poor integration

of provision of infrastructure and services in human settlements, inadequate
public participation in and awareness of land use issues and unsustainable use
of local construction materials continue to affect human settlements. Since land
is a limited resource, it calls for a rational human settlement development plan
to cater for optimal utilization of land and other natural resource within and
around settlements, both rural and urban.
2.5.9 Urban Land Uses

The indiscriminate extension of urban boundaries has brought within them
population clusters living in areas of land which are still used predominantly for
agricultural and livestock development purposes. Land use in Kenya’s urban
areas is hardly in conformity with existing zoning sub-division and building
regulations. This has led to concentration of urban development in good arable
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land, the creation of industrial estates in several areas and the conversion of
land from agriculture to housing in many parts of the country.
As a result of rapid urbanization, the country is currently experiencing major

problems of proliferation of urban informal settlements, insecurity and violence,
environmental degradation, urban decay and deteriorating public health
standards. The majority of residents in the urban areas are in the low-income
bracket and they earn their living in the informal economic sector, in small
businesses ranging from hawking to service and production enterprises.
Informal settlements are therefore an integral part of the urban economy.
Since urbanization is an inevitable process, there is need for planned growth on
a long term basis.
2.6 Factors that Influence Land Use and Development
2.6.1 Land and Livelihoods

Land is needed to provide basic social services and to support economic
activities in all sectors. While there has been significant progress over the past
four decades, land ownership and use patterns still contribute to poverty and
inequality, as there are inadequate opportunities for poor people to access
land. At the same time, good agricultural lands continue fragmented and
converted to other uses, threatening the country’s productive capacity as well
as its long-term food security. Patterns of land use and ownership also cause
large areas of land to remain as dead capital, as these lands are not placed into
productive use, and are not used as capital in the financial markets.
In addition, the manner of utilization of land determines the volume of food
that is available, employment opportunities, commodities available for domestic
and export markets.
2.6.2 Socio- Cultural Aspects of Land

The Constitution of Kenya identifies culture as one of the key values and
protects citizens from deprivation from enjoyment of such rights. In many
communities, land holds high cultural significance and symbolic value. It is a
source of prestige, social status, security and power. It is also a critical factor in
cultural identity and in the quality of the life of all citizens. People have strong
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cultural and sentimental attachment to land ownership and use, as a right and
as an expression of identity, autonomy and personal achievement. Cultural and
heritage sites provide a source of spirituality, artistic inspiration and recreation.
The relationship between culture and land use management is expressed in the
value attached to historical and archeological sites. Preservation of these sites
is therefore an integral component of the overall land use framework.
All the ecological zones provide a means of livelihood for the communities that
have settled there over the years. Communities have attachment to the land
which they consider to be a cultural inheritance from previous generations and
they tend to be highly protective of their spatial jurisdictions from potential
migrants. The spiritual life of the different communities is closely connected to
land and local geological formations such as mountains, hills, valleys, forests
and caves have traditionally been used as religious shrines, burial grounds and
places of worship. The Njonjo Commission Report cited one of the fundamental
aspects regarding the African perspectives and sociology of land in human
relations, which is worth quoting:
“For indigenous Kenyans, land has an important spiritual value, for it is

not merely a factor of production; it is first and foremost the medium
which defines and binds together social and spiritual relations within
and across generations. Land belongs to a vast family of which many
are dead, few are living, and countless members are still unborn”
(Njonjo Commission Report 2002:19).
The physical and cultural survival of indigenous people is dependent upon the
protection of their land and its resources. However, the relationship between
the indigenous people and their environment has been eroded because of
dispossession or forced removal from traditional lands and sacred sites. Land
rights, land use and resource management remain critical issues for indigenous
peoples around the world and in Kenya. Development projects, mining, forestry
activities and agricultural programmes continue to displace indigenous people.
Modern approaches to land use and management as evidenced in government

policy interventions have challenged or contradicted the traditional perception
of land resulting in many obstacles in policy and project implementation. Land
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privatization while positive in its intentions, affects the concept of shared

access to land, interferes with people’s livelihoods and introduces further
competition for already scarce resources.
The Constitution provides for freedom of movement, but this can result in
invasion and encroachment by intruders onto land which is attached to another
community resulting in conflicts. Introduction of projects and implementation of
policies without local peoples’ consultation may result in conflicts with their
perceptions of land, tenure structures and land use, leading to low productivity,
destruction of biodiversity, sacred and historical sites. On the other hand,
disaster management is usually hindered by strong attachment to land
especially in relocation proposals while land planning and development are
subject to traditional perceptions that each person must own a piece of land.
2.6.3 The Land Connection to Poverty

Among the ten main causes of poverty in Kenya that were identified in the
Poverty Reduction Strategy Paper (PRSP) nearly half of them had direct linkage
with land uses. Low productivity in crop farming and livestock farming, lack of
access to land, rural unemployment, general insecurity couched in ethnic
animosity, inadequate access to infrastructure and social services, gender
imbalance and the high incidence of HIV/AIDS were identified as direct causes
of poverty (PRSP 2001:21).
Poor land tenure systems have been associated with the poor access to land by
a large proportion of the population that would wish to make use of land to
support their livelihoods. It has been observed that forty per cent (40%) of the
large-scale farms in the high potential areas are not being optimally utilized as
the elite who own them are doing so mainly for social rather than economic
reasons. The frequent conflicts over access to water and grazing lands around
pastoral communities has affected the utilization of land for food production in
large areas raising the specter of widespread hunger and food insecurity.
Gender imbalance in the control of productive assets such as land has resulted
in women being more vulnerable to poverty among farming communities.
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2.6.4 Historical Factors
Patterns of land tenure, use and management are to a large extent the direct
product of history and culture. The two factors explain the relationship that
exists between people and land resources in Kenya and are responsible, in
many respects, for the peculiar patterns of land tenure, ownership and
property rights that currently prevail in the country. Colonial policies and laws
determined land distribution, ownership and use from which the country has
inherited highly unequal patterns of land distribution. Until recently, these laws
continued to govern land administration and management, sometimes, with
negative consequences.
2.6.5 Legal, Administrative and Institutional Structures

Lack of common guiding principles in planning and coordination among
different sectors such as agriculture, livestock, industry, transport, forestry,
wildlife, urban development and social services that result in competing and
uncoordinated land use practices. There remains however a number of issues
that impact negatively on land use development, management and
administration. In particular, there are overlapping institutional responsibilities,
insufficient collaboration, and some degree of fragmentation of land use
management authority and roles among various Ministries Departments and
Agencies (MDAs). This impedes effective and efficient management of land
use.
In many respects, land use development and management decisions are highly
sensitive, and remain directly and significantly influenced by political
considerations. Important land use decisions are still sometimes being made
outside established management procedures, in order to accommodate
investors or to satisfy local demands from particular interest groups. There is a
need to move land use development, management and administration from the
realm of politics to the realm of policy.
2.6.6 Land Management Systems

Land use administration is a complex process that requires effective and
efficient systems and organizations. While there have been significant
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improvements in recent years, land use management systems remain

inefficient, resulting in the distortion of property markets, the degradation of
land resources, and the failure of land development schemes to live up to the
expectations of developers and users. Land speculation, land ownership
structure, conflicts created by family lands and the absence of tenure
individualization, and the frequent absence of physical demarcation are among
the many issues that need to be addressed through improved land use
administration system. The importance of these issues is reflected in the
current escalation in the number of disputes, and in the negative impacts that
conflicts often have on land use development. This necessitates retention of an
independent and publicly accountable administration.
2.6.7 Policy and Legislative Frameworks

Land use administration is currently governed by a range of legal instruments
and policies. Generally, there is a lack of coordination between land use policy
instruments. There is lack of proper administrative and legal framework on
national land and of an information system that can provide accurate, reliable
and up-to-date information. There is also need for up-to-date digital maps and
land use data that allows sharing of information among Ministries Departments
and Agencies. Weak enforcement of, and compliance with existing policies and
legislation also plagues effective land use regulation and planning.
2.6.8 Land Market and Taxation Regimes
There is very little public-sector intervention in the management and operation

of land markets. In particular, taxation is not being used intentionally to guide
those land markets and land uses in a significant way. Land property taxes,
which used to be payable to local government authorities, are now collected by
Kenya Revenue Authority.
In the field of protected area planning and management, there are scattered
management responsibilities. There is need for harmonization of the functions
of the various institutions and authorities in the planning and management of
national parks, reserves and other protected areas in the country.
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2.6.9 Land Tenure Systems
Land in Kenya is public, communal or privately owned. The country has
inherited highly unequal patterns of land distribution. The peculiar patterns of
land tenure, ownership and property rights that currently prevail in Kenya have
to a large extent determined the use and management of land.
Observed trends in agricultural land ownership indicate that family and the
community continue to be the dominant form of agricultural land tenure, but
with a significant increase in the number of parcels under individual ownership.
The communal ownership presents a number of advantages, allowing a number

of heirs to have access to land providing security to all co-owners while
retaining flexibility in land use, and providing a buffer as well as a number of
non-monetary welfare benefits that would otherwise not be available to the
weakest and poorest among the heirs.
However, it creates constraints and problems, particularly in cases of disputes,

or when land is needed as collateral for access to credit. In this sense, it is an
obstacle to social mobility and economic empowerment in rural areas.
Communal ownership may also be an obstacle to land conservation, investment
in land as a productive asset and to the use of good agricultural practices.
Whereas it is much easier to control development, conserve and protect the

environment and ensure posterity of public land, it continues to experience
notable challenges in Kenya. Cases of land grabbing, encroachment,
inaccessibility of land to citizens and willing investors negatively influence this
form of land ownership.
The incidence of land speculation, among private ownership of land impacts

negatively on production while contributing to increase in land prices above
what their production capacity justifies. Also, the continued fragmentation of
small parcels at the expense of agricultural production and the need to diversify
production is another factor.
Over the past ten years, there has been notable increase in freehold ownership
of dwellings and of the land on which these dwellings are placed. There
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however remains a significant gap between private ownership of house and

private ownership of land, with significant number of houses located on land
that is not owned by the owner of the house. The demand for housing
exacerbates this situation, and has encouraged some people to build houses on
lands that are unsafe and prone to disasters, especially floods and landslides.
There have been a number of initiatives aimed at promoting land reform and
making land accessible to the poor in Kenya over the past four decades, but
these experiences have not been entirely successful. In many instances, people
have not respected the terms of their lease-purchase agreements, and only a
small number of intended beneficiaries have actually become owners.
2.6.10 Sectoral Land Use Conflicts

The Government shall;
i. Identify, map and gazette critical wildlife migration and dispersal areas
and corridors in consultation with the local communities and individual
land owners;
ii. Encourage the development of wildlife sanctuaries and conservancies
and involve local communities and individuals living contiguous to the
parks and protected areas in the co-management of such areas;
iii. Provide mechanisms for resolving grievances arising from
human/wildlife conflicts;
iv. Review the gazettement of forests and protected areas to foster the
realization of their multiple values and ensure that they are protected
for their ecosystem values and not merely to physically exclude human
activities;
v. Create an effective institutional framework and capacity to implement
International Conventions especially those touching on access to land
based natural resources; and
vi. Facilitate partnership with neighboring countries to foster Trans-
Boundary Natural Resource Management (TBNRM) in the interest of
national, regional and international conservation and development
goals.
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CHAPTER
POLICY GUIDELINES, PRINCIPLES
3 AND STRATEGIES
3.1 Land Tenure

All Kenyans have a right to access and use land, either through lease or
freehold title, as individuals, corporations or collective trusts. However, the
availability of land, particularly arable/cultivatable land, is in increasingly short
supply, and consequently some prudence is required in the issuing of public
land. This situation is exacerbated by the widely accepted practice of a lessee
acquiring public Land with a view to selling it in order to generate revenue; a
further lease then being applied for and often obtained. With a growing
population and a finite land source, this practice is leading to a shortage of
productive Public Land for the Kenyan farmer and other users is an
unsustainable form of land distribution.
To address the issue of unsustainable form of land distribution:
i. Allocation of lands and issuance of titles should be done on the basis of

approved physical development plans and approved survey plans,
approved local area zoning regulations and policy guidelines.
ii. The principle that every individual, group of individuals or company is
eligible for a lease, an extension of a lease (through a fiat or certificate)
or a grant of public land shall be maintained and the granting of a
further or second lease should be contingent upon:
a. The satisfactory utilization of the first lease.
b. Not infringe on the rights of others to acquire a first lease.
c. In cases of a transfer of a lease, the conditions of the
original lease being sustained (unless revised in the light of
an approved Local Land Use Plan).
iii. Areas of Public Land that have been identified as having a high public
value (such as watershed protection, important botanic or wildlife
habitat and/or landscape values, cultural significance, road reserves for
potential future highways, etc.) will not be allocated except under
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leases with conditions that reflect the high value or period by which the
land may be required for a reserved use.
iv. Public Land that has been allocated for recreational use (parks,
playgrounds and sports fields) should be promptly transferred, by lease
or grant, to the relevant entity with the condition that its recreational
use shall not be converted to any other use and held in perpetuity for
the common good.
v. Holding of land under a collective basis will be subject to conditions of
lease and will require an approved and binding management plan for
the leased land.
vi. All lands should be managed according to their actual suitability and
local land use plans will be required to implement proper management.
vii. Areas protected for specific use by any law shall not be de-gazetted
except in circumstances prescribed in the laws governing such areas.
viii. Squatting, or the illegal occupation of national or public lands that often
leads to unsustainable land development shall not be permitted.
ix. The protection of land rights of illegally occupied lands shall be pursued
through litigation by the owners.
3.2 Land Management and Administration

Land administration in the country faces challenges such as, outdated and
missing cadastral information, lack of security of tenure, intricate, inefficient
and uncoordinated land taxation process and inadequate information on land
parcels.
To address the issue of land administration, registration and dissemination of

information in relation to land transactions:
i. The National Cadastre should be predicted upon National Spatial Plans

and policy guidelines specific to various aspects of land use and
practices.
ii. The National Cadastre shall be linked to the national land tax and rent
database to ensure that all users of land make their annual
contributions for the use of the land.
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iii. The National Cadastre shall be open to the general public to guarantee
the transparency of land tenure, land issuing and land transactions and
the contribution of land tax.
iv. All leases of public land will be issued with binding conditions stating
clearly the intended use of the land and which shall comply with the
relevant local land use plans and the National Spatial Plan.
v. Protected areas and areas of high intrinsic value such as habitat for
endangered biodiversity and genetic resources, ecologically sensitive
sites, national heritage, water towers, marine waters and exclusive
economic zones, wetlands forests and sites with fossils fuels and
energy resources among others will not be allocated for private use or
de-gazetted.
vi. Land reserved for public utilities and infrastructure such as roads,
railways, airports, seaports, housing, offices and land banks for
investments among others shall not be allocated or re-designated for
private development and shall remain public lands.
vii. Management of reserved public land should be predicated on approved
development plans, local area development policies or technical
guidance issued by the relevant planning authorities at national and
county level.
3.3 Land Taxation

The use of land, either lease or freehold, results in the obligation to pay rent or
land tax. Land tax will be paid by owners of freehold land, and rent by the
leaseholder.
To address issues of land valuation;
i. Land valuation and taxation shall be based on approved development
plans and relevant local area land use and development guidelines.
ii. A technical framework shall be developed by the ministry in charge of
environment and natural resources in conjunction with the ministry in
charge of lands and physical planning to provide the necessary
guidelines on valuation of land and land based resources within areas
that present public environmental values and or interests.
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3.4 Population Growth and Distribution

The 2009 Census information reveals an increase in population from 33 million
in 1999 to 38 million, with the current population being estimated at 48 million
in 2016. Apart from natural growth, several migratory trends have contributed
to these changes, among them factors such as influx of refugees.
Urban sprawl, sectoral land use conflicts, wanton subdivision of land into
uneconomical units, degeneration of standards of services and facilities in
urban areas, issue of urban governance, ribbon development along highways,
congestion and poor mass transport system, poor waste management system,
pollution, social upheavals, proliferation of informal settlements, skewed
distribution of resources, impacts on micro climatic change, insecurity and
crime, poverty and unemployment.
To address the issues of population growth and distribution, national and

county governments shall;
i. Develop a National Spatial Plan to provide an integrated framework
for development of the country including guidelines for sustainable
rural and urban planning management;
ii. Prepare and implement integrated physical development plans
specific to all counties, urban and metropolitan areas, cities and
local centers;
iii. Prepare and enforce land use plans and policy guidelines to address
development activities that take place within the peri-urban areas to
control urban sprawl, sub-division of land, and conversion of land to
different uses as well as control of ribbon type of urban
development;
iv. Encourage public private partnerships in the provision of affordable
housing, public utilities and other social infrastructure;
v. Encourage development of affordable housing to meet the demand;
vi. Financial policy that encourages releasing of funds to the housing
sector;
vii. Establish land banks that will make it easy for people to access
affordable serviced land for housing development;
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viii. Development of appropriate building technologies to encourage
people to develop housing in a more economical way;
ix. Come up with programmes for development of social housing in all
urban areas;
x. Encourage waste management programmes that are
environmentally sustainable;
xi. Encourage development of towns on green energy
principles.(encourage smart growth concept);
xii. Mainstream climate change mitigation mechanisms in the
management systems of urban areas;
xiii. Put in place sustainable urban and rural management programmes
to address the growing needs of the population in terms of
infrastructure services, housing and transportation services;
xiv. Implement the Constitutional and Land Act’s recommendations as
far as determination of minimum and maximum land sizes are
concerned; and
xv. Discourage cultural practices that promote land fragmentation.
3.5 Productive and Sustainable Use of Land

The success of the National Land Policy is determined by the extent to which it
will facilitate the productive and sustainable use of land. While important
strides have been made in the country to ensure that the land is productively
and sustainably used, there are still a number of problems which need to be
addressed at policy level. These are: -
a) Underutilization of land especially in the large farm sector.
b) Land deterioration due to population pressure, massive soil erosion
arising from bad land use practices and variability in climatic patterns.
This has led to rapid depletion of land cover and creeping desertification
in ASALs which has in turn affected the capacity for regeneration of the
country’s water catchment areas.
c) Abandonment of agricultural activities due to poor infrastructure for
agricultural produce such as rural access roads, marketing, facilities,
financing and extension services.
d) Incompatible land uses have resulted in land use conflicts including
human wildlife and resource conflicts.
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To promote and ensure productive and sustainable use of land, the

Government shall develop a framework to facilitate: -
i. The attainment of orderly, productive and sustainable land use through

sound land use practices at sectoral level.
ii. The conservation and enhancement of the quality of land and land-
based resources.
iii. The improvement of the condition and productivity of degraded lands in
rural and urban areas.
iv. Develop a set of planning guidelines, policies and standards which shall
be observed and enforced by the county governments and other
sectoral agencies within the frameworks of approved physical
development plans.
v. Community participation in environmental management.
vi. Provision of social, economic and other incentives to promote
sustainable use and management of land.
vii. Adopt and mainstream GIS based integrated land use planning in a
participatory and multi-sectoral approach.
viii. Both national and county government to budget for implementation of
approved development plans.
ix. Carry out an assessment of land resources including basic soil surveys,
farming systems, soil degradation surveys as well as production
potentials of the soils in the country.
x. Establish and periodically update a land productivity information data
bank and make the data available to all users.
3.6 Rural Land Uses and Agricultural Development

Rural land use is literally inundated with laws, institutions and bureaucratic
agencies all concerned with one aspect or another of agriculture or livestock
development. These instruments notwithstanding a number of problems
peculiar to rural land use still remain. These include uncontrolled subdivision of
agricultural land, overstocking in the rangelands, mismanagement of water
resources and destruction of catchment areas, imports that threaten local
farmers, limited extension services and shortage of agricultural finances and
inputs and poor management generally. A re-examination of the social,
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economic, legal and ecological contexts in which the rural land use operates is
imperative.
To achieve sustainable rural land uses, the Government shall: -
i. Develop and implement sectoral policy guidelines to facilitate
sustainable and productive management of agriculture and livestock
sector through appropriate research, extension services, finance and
infrastructure including marketing, agro-processing, rural electrification
and capacity building;
ii. Develop a programme that seeks to promote balanced development of
the country to stem migration of the population in search of
opportunities;
iii. Institute a land taxation policy that seeks to provide a package of
incentives to encourage productive and sustainable use of land and
disincentives for keeping of idle land;
iv. Promote high value commercial agriculture;
v. Enforce the constitutional requirement on minimum and maximum land
holding acreages and also institute mechanisms for land adjustment
programmes.
3.7 Urban Development and Management
The country is currently experiencing major problems of proliferation of urban

informal settlements, insecurity and violence, environmental degradation and
deteriorating public health standards as a result of rapid urbanization. The
majority of residents in the urban areas are in the low-income bracket and they
earn their living in the informal economic sector, in small businesses ranging
from hawking to service and production enterprises. Informal settlements are
therefore an integral part of the urban economy. Since urbanization is an
inevitable process, there is need for planned growth on a long-term basis.
To ensure sustainable urbanization and promote the development of adequate

and appropriate shelter for all, the Government shall: -
i. Undertake an audit and map out the number and location of informal
settlements and provide legal security of tenure;
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ii. Design a comprehensive national plan for low income and high density
housing with well-defined targets and financing mechanism as a
strategy for minimizing informal settlements in the long run;
iii. Provide funding and mobilize resources for upgrading of informal
settlements;
iv. Create an enabling environment for urban development through the
establishment of transparent, accountable, sustainable, comprehensive
and participatory governance structures and decision making
processes;
v. Harmonize urban plans with the long term national development plans
so as to ensure synchrony between the urban centers and rural areas;
vi. Undertake the development of secondary towns, including provision of
infrastructure and utilities as a means of stimulating agro-industrial
development thus easing pressure on demand for urban services;
vii. Protect agricultural land from indiscriminate extension of urban
boundaries and other encroachments and the re-planning of peri-urban
areas for agricultural or pastoral communities;
viii. Manage spatial growth of areas in order to generate an economic and
social environment for urban development;
ix. Consider the re-conceptualization of zoning and sub-division control,
not as exclusionary mechanisms within and across residential areas, but
as tools for creation of integrated viable urban communities sharing
common services;
x. Provide efficient amenities for urban settlements;
xi. Create and protect green and recreational areas within urban centres;
xii. Review building and planning standards with a view to making them
user friendly as opposed to being a deterrent to development;
xiii. Enhance awareness on the availability of affordable proto-type plans for
low-income housing;
xiv. Promote research in appropriate technology in the construction industry
with a view of reducing the costs of building materials;
xv. Create an enabling environment for public-private partnerships in the
housing sector;
xvi. Establish land banks and make land available for investment,
development redistribution, restitution and resettlement;
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xvii. Procure land for land banks through purchase and donations as well as
formulate and implement the government buy back mechanism;
xviii. Project the actual land requirement for urban development, delineate
and fix urban boundaries after every 10 year period.
3.8 Land Management and Development

Sustainable use and management of land is the responsibility of the
proprietors, occupiers and the State. In addition to efforts by the proprietors’
own efforts, the use of regulatory power of the State is necessary if land use
problems are to be resolved. Although there are mechanisms for tracking,
monitoring and enforcement of existing laws, they are not successful on
account of inadequate enforcement, weak institutional structures, poor
governance and lack of political will.
To address the challenges of land management and development, the

Government shall: -
i. Facilitate a planning process that will: -
a) Ensure an orderly management of both urban and rural land.
b) Empower land users and occupiers to make better and more
productive use of their land.
c) Promote efficient and environmentally sound land use practices.
d) Promote participatory involvement by all stakeholders in land use
planning.
e) Ensure security and equity in access to land resources.
f) Provide for inter-sectoral coordination at all levels of land use
development.
g) Make use of political and administrative resources available at
national, regional, county and local levels.
ii. Provide a clear legal framework within the physical planning law for
effective coordination and enforcement of development control;
iii. Establish and operationalize a national GIS based land use information
system;
iv. Facilitate design and implement an innovative framework for land
tracking mechanism in rural and urban areas;
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v. Develop clear environmental standards to guide agricultural, livestock,

urban, mineral and tourist development.
3.9 Land Use

The uncontrolled use of land has resulted into challenges on land among them
incompatibility of land uses, environmental degradation, insecurity reduced
productivity, wastage of resources among others.
To address issues related to land uses the Government shall;
i. Identify, map and document all land uses in the country to be put in
an inventory that is updated every 5 years for urban and 10 years
for rural;
ii. Establish a national spatial data infrastructure;
iii. Facilitate inter-county land use planning and ensure regular
updating of land use planning maps;
iv. Develop a National land use/ land cover mapping system;
v. Design and fund new strategies for collecting and managing data
necessary for the National land use mapping system;
vi. Modernize land use information management systems to allow for
easier collection, collation, storage and dissemination of the same;
vii. Invest in decentralized land use data centers which are easily
accessible.
3.10 Land Cover

There has been consistent loss of vegetation cover to other competing land
uses such as real estate development, agriculture, infrastructure development,
industrial and commercial developments and energy requirements.
Land cover challenges are also noticeable through declining yields in crops and
livestock per unit of land and longer distances covered by rural people to get
fuel-wood, water and grazing.
To address the low vegetation cover with other competing land uses the
Government shall:
i. Carry out an inventory of all land cover classifications;
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ii. Establish mechanisms to ensure protection and improvement of
vegetation cover over time;
iii. Incorporate multi stakeholder participation in a forestation
programmes and initiatives as well as promotion of a forestation
programmes up to individual level;
iv. Develop a framework for incentives to encourage achievement of a
minimum 10% forest cover at county level, placing forest land use
where it will provide the greatest public benefit and compensate
those owners who are disproportionately affected by the
extinguishment of rights to till or to graze;
v. Promote the use of alternative sources of energy and building
materials to reduce demand on forest products.
3.11 Rangelands Degradation

To address the problem of rangelands degradation and secure pastoralists
livelihoods and tenure to land, the Government shall;
i. Plan and develop rangelands according to their various potential in
livestock production, tourism, mining and energy production;
ii. Study and update the carrying capacity of rangelands;
iii. Establish mechanisms for enforcing adherence to the optimum stocking
rates for each area;
iv. Establish a framework for livestock management in rangelands including
provision of water, pasture and fodder development;
v. Discourage open access to grazing land among the pastoralists by
promoting development of communal grazing management plans;
vi. Establish suitable methods for defining and registering land rights in
pastoral areas while allowing pastoralists to maintain their unique land
systems and livelihoods;
vii. Establish a legislative framework to regulate transactions in land in
pastoral areas;
viii. Ensure that the rights of women in pastoral areas are recognized and
protected;
ix. Provide for flexible and negotiated cross boundary access to protected
areas, water, pastures and salt licks among different stakeholders for
mutual benefit;
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x. Ensure that all land uses and practices under pastoral tenure conform to
the principles of sustainable resource management;
xi. Mainstream climate change adaptation and mitigation in rangeland
management;
xii. Set policies that optimize the long term productivity, efficiency, equity
and sustainability of rangeland use.
3.12 Cultivation on Marginal Lands and Fragile Ecosystems

To address the problem of cultivation on marginal lands and fragile
ecosystems, the Government shall;
i. Map and document all environmentally fragile and marginal land and
outlaw encroachment, tilling and keeping of livestock on marginal lands;
ii. Enforce implementation of the Environmental Management and
Coordination Act (EMCA) and other related environmental policies and
legislations to discourage cultivation and other land uses on marginal
lands and fragile ecosystems;
iii. Increase public awareness on the dangers of farming in marginal lands
like wetlands and steep slopes as a routine activity by extension service
providers;
iv. Encourage the use of modern farming practices that sustain crop yields
and soil fertility;
v. Make provision for the possibility of exclusion of cropping and
overstocking on lands currently under management where public
disbenefit is arising and compensate producers affected by exclusion
orders that extinguish or reduce existing rights to produce on that land.
3.13 Environmental Degradation

Environmental and natural resources conservation is key for the realization of
any socio-economic development in a country. Environmental degradation
entails pollution of water, air and the land resource. It also includes the
destruction of natural resources like the forest through encroachment and
deforestation, destruction of wetlands, water catchment areas, cultural areas
and additional damaging activities like over mining, quarrying and other
excavation activities.
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To protect natural resources and prevent environmental degradation to foster
sustainable development, the Government shall:
i. Identify, map and document the land area encompassing key natural
resources;
ii. Develop and implement a national wetland conservation strategy
through a participatory approach;
iii. Ensure reclamation of degraded natural resources and environment;
iv. Prohibit settlement and other activities within sensitive ecological zones;
v. Enhance the capacity of regulatory and enforcement agencies; National
Environmental Management Authority (NEMA), Kenya Forest Service
(KFS), Kenya Wildlife Service (KWS), Water Management Resource
Management Authority (WRMA) and Kenya Water Tower Agencies
(KWTA).
vi. Restructure and empower the National Department of Physical Planning
with adequate resources and institutional capacity to carry out oversight
development control at national level;
vii. Ensure enforcement and compliance to guidelines on rehabilitation of
mines and quarries, waste disposal sites and wastelands;
viii. Levy fees on benefits from ecosystems and ecological services for
management and conservation of water catchment areas;
ix. Identify, map and gazette critical water catchment areas;
x. Formulate and regularly update and fully implement water towers
master plans.
3.14 Bio-diversity Conservation

Kenya is endowed with a rich biodiversity however, its natural resource and
environment is threatened with various challenges like destruction of habitat,
loss of species, desertification and uncontrolled introduction of invasive species.
To conserve and sustain Kenya’s bio-diversity, the Government shall:
(i) Identify, map and gazette wildlife corridors, forests, mountains and
marine dispersal areas;
(ii) Identify and map each major habitat type and ensure that where more
than 80% of the original extent of a particular habitat has been lost
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nationally that no further loss is permitted, and that restoration is

undertaken to reach a minimum 20% target.
(iii) Systematically plan for and set out the extent of original and
remaining biodiversity habitats and conserve all areas of those habitats
where less than 20% of original cover remains, with similar process for
ecosystem service provision;
(iv) Secure wildlife dispersal and migratory corridors through provision of
easements and fiscal incentives programmes to the affected
communities and individuals.
(v) Enforce application of land use guidelines on Biodiversity and Invasive
Species;
(vi) Provide incentives for community participation in conservation of
natural resource and environment;
(vii) Conduct research on natural resource and environment
conservation technologies;
(viii) Establish and maintain model primary natural habitat sites;
(ix) Promote integrated ecosystem management approaches in land use
management;
(x) Research and develop a framework for valuing (through monetization
or otherwise) services derived from natural resource and
environmental conservation, and promote the use of instruments such
as payment for environmental services systems or similar that
perpetuate the continued delivery of environmental services.
3.15 Climate Change

Global climate changes have triggered erratic weather patterns across the
country. The unpredictable weather patterns have led to floods, droughts,
famines, low water levels and melting of snow from mountain tops. The
situation is further aggravated by the lack of adequate, systematized
information for long term predictions and planning to deal with the challenge of
climate change catastrophes.
To address the challenges of climate change the Government shall:
(i) Identify and map disaster prone areas;
(ii) Promote the use of NEMA Guidelines on Hazardous and Disaster
Management;
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(iii) Strengthen capacity of institutions involved in climate change
trends analysis and mitigation;
(iv) Build and strengthen research capacity on climate change and
related environmental issues;
(v) Promote land use practices that increase climate resiliency and
reduce effects on climate change;
(vi) Prioritize land use for climate change mitigation activities;
(vii) Mainstreaming climate change curriculum in national education
and values;
(viii) Integrate initiatives that will address issues of climate change and
disaster management;
(ix) Develop disaster awareness programs that sensitize the
communities on best land use practices that incorporate disaster
mitigation, incorporate climate change, adaptation and
preparedness.
3.16 Urban Environment Management

As the country intensifies its industrialization and deepens the use of new
technology coupled with increased population it faces increased challenges in
form of pollution, informal settlement, strain on infrastructure, waste
management, public health and safety among others.
To mitigate on the problems of urban environment the Government shall:
(i) Zone riparian areas, wetlands, escarpments, forests, open spaces and
parks in the urban areas for the protection of key natural resource and
environmental features and amenities including, establishing green
areas and recreational facilities in residential areas;
(ii) Restore and reclaim riparian areas, wetlands, escarpments, forests,
open spaces and parks that may have been allocated, back to public
ownership to ensure that they revert back to the original state;
(iii) Promote appropriate waste management technologies (reduce, recycle,
reuse) including toxic, hazardous, e-waste and adopt measures to
provide incentives and disincentives on recycling and reclamation of
reusable packaging materials;
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(iv) Ensure appropriate formulation and implementation of Urban

Development Plans that should take into account the need for waste
management sites and burial sites;
(v) Develop mechanisms to minimize air, water and land pollution;
(vi) Establish measures to regulate urban and peri-urban mining, quarrying
and other extractive activities and provide for rehabilitation and
restoration of such sites;
(vii) Develop strategy and framework for improving urban solid and
waste water management systems;
(viii) Promote upstream activities to reduce the likelihood of the
incidence of flooding in downstream urban areas through water
retention etc.
3.17 Coastal and Maritime (Blue Economy) Environmental

Management and Conservation
The country's coastal region is affected by erosion, encroachment of high water
marks, destruction of marine breeding sites, destruction of coral reefs and
mangrove forests, extinction of species, competition from infrastructure and
other development projects, restricted fish landing sites and obstruction of
access to the beach among others.
A sustainable blue economy is marine-based and provides social and economic
benefits for current and future generations. It restores, protects and maintains
the diversity, productivity, resilience, core functions, and intrinsic value of
marine ecosystems (the natural capital upon which its prosperity depends).
To ensure sustainable coastal environmental management and blue economy,

the Government shall:
(i) Identify, map and gazette critical river deltas, mangroves, coral
reefs, and other important coastal habitats;
(ii) Ensure the formulation and implementation of an integrated
coastal land use plan;
(iii) Harmonize and coordinate the roles of regulatory and enforcement
agencies including the county governments, NEMA, Kenya
Maritime Authority, State Department of Fisheries, Water
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Resources Management Authority as well as Ministry of Lands and
Physical Planning;
(iv) Promote and protect sustainable utilization of marine resources;
(v) Establish and implement a framework for beach management that
ensures public access as well as protection and conservation of
the beaches;
(vi) Ensure enforcement of environmental protection within Exclusive
Economic Zones, including multilateral environmental agreements
on pollution, sea-mining and fishing;
(vii) Protect, maintain and restore marine species, habitats and
ecosystems of national and international importance, including
islands within coastal and marine protected areas;
(viii) Establish convenient public utility plots along the coast line to
serve as fish landing sites and for public recreation;
(ix) Provide a framework and capacity for the management of spills
and waste emanating from the marine industry;
(x) Plan, manage and effectively govern the use of marine space and
resources, applying inclusive methods and the ecosystem
approach;
(xi) Formulate and implement laws and agreements that support a
sustainable blue economy;
(xii) Develop and apply standards, guidelines and best practices that
support a sustainable blue economy. National and County
governments, shall develop and apply the global sustainability
standards, guidelines and best practices;
(xiii) Set out statutory responsibilities for sound spatial planning of the
marine resource and ensure that these are fully integrated with
the terrestrial planning system.
3.18 Surface and Underground Water Bodies

Challenges facing surface and underground water bodies include; increased
population settlement on riparian reserves, increased cultivation within
catchment areas causing sedimentation, use of chemical fertilizers by farmers
causing imbalance in chemical composition, creation of land parcels that
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include parts of riparian areas, increased pollution and over abstraction of the
water sources.
To address the above challenges the Government shall;
i. Map, restore and reclaim riparian areas along lakes, rivers, swamps and
other wetlands;
ii. Map and ascertain the state and extent of aquifers and groundwater
resources and plan for their sustainable exploitation;
iii. Plan for trans-boundary water catchments and aquifers at the national
level;
iv. Re-afforest hill tops to restore aquifers and springs in the arid and semi-
arid lands;
v. Set up a special fund for management and reclamation of wetlands
under Ministry of Lands and Physical Planning;
vi. Harmonize and coordinate the roles of regulatory and enforcement
agencies including the county governments, NEMA, State Department of
Fisheries, Water Resources Management Authority as well as Ministry of
Lands and Physical Planning;
vii. Promote and protect sustainable utilization of inland water bodies’
resources;
viii. Establish and implement a framework for beach management that
ensures public access as well as protection and conservation of the
beaches;
ix. Protect, maintain and restore marine species, habitats and ecosystems
of national and international importance, including lakes, rivers, swamps
and other wetlands;
x. Establish convenient public utility plots along the inland water bodies to
serve as fish landing sites and for public recreation;
xi. Plan, manage and effectively govern the use of inland water bodies and
resources, applying inclusive methods and the ecosystem approach;
xii. Formulate and implement laws and agreements that support a
sustainable inland water bodies’ economy;
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xiii. Set out statutory responsibilities for sound spatial planning of the inland
water bodies’ resources and ensure that these are fully integrated with
the terrestrial planning system.
3.19 Agriculture Environment Management

Challenges associated with agricultural activities include cultivation on the
slopes, encroachment into wetlands, salinization in the ASALs, soil erosion,
landslides, eutrophication of water bodies, over grazing, deforestation and use
of inappropriate technologies.
To protect the agricultural environment, the Government shall:
(i) Identify map and delineate areas suitable for irrigated agriculture in
ASALs;
(ii) Policy proposals contained in the National Spatial Plan for
promotion of agricultural land uses should be adopted;
(iii) Zone and protect lands appropriate for agricultural uses;
(iv) Re-establish and/or provide livestock holding grounds (sufficient to
restore livestock to a valuable state after movement and before
slaughter) and livestock movement routes;
(v) Formulate and implement an integrated land use framework for
ASAL areas;
(vi) Develop and implement a regulatory framework for reclamation,
rehabilitation, restoration and use of reclaimed land;
(vii) Promote the use of NEMA Land Use Guidelines on irrigation.
3.20 Trans-Boundary Issues

The conservation and management of trans-boundary natural resources is vital
for the natural resource and environmental sustainability. Some resources like
lakes and rivers are ecologically dependent on elements beyond the national
boundaries. The trans-boundary natural resources and environment are
affected by conflicting policies and approaches by various stakeholders.
Kenya is a signatory to a number of international treaties and conventions and
regional agreements that are of direct relevance to land use. It is for this
reason that the Kenya Constitution Article 2 Section (5) and (6) recognizes that
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international law, treaties or convention ratified by Kenya form part of the

supreme law of the land.
To ensure sustainability and harmonious sharing of transnational resources, the
Government shall:
(i) Identify map and plan for all trans-boundary natural resources;
(ii) Develop trans-boundary conflict prevention resolution
mechanisms;
(iii) Harmonize policies and legal framework for environmental and
natural resource management in line with regional and
international conventions;
(iv) Enforce and/or implement existing Multilateral Environmental
Agreements (MEA) related to trans-boundary resource use;
(v) Promote the use of bi-lateral agreements and other instruments to
facilitate sustainable trans-boundary resource use.
To address the issues of low level implementation of provisions of both regional

and international treaties and conventions, the Government shall:
(vi) Implement all ratified regional and international treaties and

conventions relating to land use e.g. Treaty for the Establishment
of the East African Community, Chapter 15 (Articles 89, 90, 91, 92
and 93) on Cooperation and Infrastructure Services, and Chapter
19 on Cooperation on Environment and Natural Resources
Management Specifically Article 111 on Environmental issues and
Natural Resources;
(vii) Domesticate international conventions and other protocols to ease
compliance and implementation;
(viii) Disseminate information and sensitize the people of Kenya and East
Africa in general on the regional and international treaties and
conventions relating to land use.
To address issues related to lack of a coordinated approach in the management
of trans-boundary resources, the Government shall:
ix. In partnership with neighboring countries, provide for a legal framework

to effectively streamline the management of trans-boundary eco-
systems with a view to enhancing the quality of the environment and
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also ensure sustainable utilization of shared natural resources in the
EAC. E.g. waters of Lake Victoria, Lake Natron, Mara River, Mt.
Kilimanjaro Ecosystem, and Mt. Elgon Ecosystem.
To address issues related to lack of harmonized regional legislations/policies

that relate to conflicting land use practices e.g. Serengeti-Mara game reserve
between Kenya and Tanzania, the government shall:
x. In partnership with the member states, develop a common

environmental management policy for sustainable utilization of land
among partner states;
xi. Implement the provisions of the Treaty for the Establishment of the
East African Community, Chapter 19 (Article 112) on Management of
the Environment.
To address the issues of lack of national safeguards in light of regional and
international obligations, the Government shall;
xii. Scrutinize regional and international treaties and conventions to ensure
that they are beneficial to the country and in consistent with the
national values.
3.21 Information and Knowledge Gap on Natural Resources

There is inadequate information and knowledge on the location, extent, quality
and quantity of natural resources. Natural resource mapping is primarily done
by Directorate of Resource Survey and Remote Sensing (DRSRS) while
geological and soil mapping are done by different organizations. There is,
therefore, a need for unified mechanisms for collection, storage and
dissemination of environment and natural resources information.
To address the information and knowledge challenges, the Government shall:
(i) Map resources on a GIS based system;

(ii) Develop a common system for purposes of classification and
identification of natural resources;
(iii) Promote research and studies on Kenya’s natural resources;
(iv) Establish a multi-sectoral databank and develop mechanism for
dissemination of information on Kenya’s natural resource;
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(v) Keep this resource open to public access unless clear public
interest justification is made to the contrary.
3.22 Government Priorities on Issues of National Heritage

There has been low prioritization of issues related to the sustainable
development and protection of national heritage sites such as forests, rivers,
lakes, seas, shrines, cultural and historical. This has continued to hamper
optimum utilization of land in the natural resource and environment sector.
Inadequate budgeting allocations to these sectors have demonstrated that the
government has failed to prioritize the national heritage sites as matters of
importance.
To promote the highest and best utilization interests of the national heritage,
the Government shall:
(i) Establish, disseminate and maintain appropriate heritage and
cultural sites data bases;
(ii) Revise and implement the legal framework that governs heritage,
conservation and cultural issues;
(iii) Mobilize financial resources towards improvement and
sustainability of cultural heritage and conservation;
(iv) Protect and maintain strategic heritage and cultural sites;
(v) Enhance research on cultural conservation issues;
(vi) Identify, map and gazette the historical sites as part of the
national heritage.
(vii) Allocate the necessary resources to allow for the interpretation of
these sites to the public and to educators so as to raise and
maintain awareness of the value of the national heritage.
3.23 Physical Development Planning

Inadequate planning both in rural and urban areas, has resulted into haphazard
development, underutilization and inappropriate settlement systems.
Inadequate urbanization policies and planning guidelines have resulted to
urban sprawl and the gradual transformation of prime agricultural land into
urban areas. There is also the challenge of inadequate institutional structure to
plan and implement Physical Development plans both for the urban and the
rural areas. This situation is exacerbated by the seeming duplicity and conflicts
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in the assignment of the mandate for control and administration of the physical
planning function at the national level.
This state of affairs has resulted in skewed allocation of financial resources to

facilitate effective performance of this function by the National Directorate of
Physical Planning.
To ensure that a comprehensive and effective system for physical planning at

both national and county level is established and implemented, the
Government shall:
(i) Implement the Physical Planning legislation and regulations to

facilitate urban and rural planning;
(ii) Establish and empower appropriate physical planning structures at
county level with adequate resources and capacity to ensure their
effective and efficient performance;
(iii) Establish dispute resolution mechanisms to handle sectoral land
use disputes as well as conflicting decisions on matters of land
use;
(iv) Harmonize physical planning regulations and structures with the
other sectoral regulatory agencies within the land and
environment sectors;
(v) Develop, implement and periodically review a National Urban
Development Policy to respond to urbanization challenges;
(vi) Facilitate county and urban planning units to formulate integrated
land use plans;
(vii) Facilitate the integration of local, county and regional plans into a
national plan;
(viii) Develop sustainable settlement systems, which suit the various
urban and rural areas to create a healthy living environment;
(ix) Ensure all land use planning institutions in the country are
supported to improve and consolidate their capacity;
(x) Promote the role of community governance institutions in the
planning process;
(xi) Promote use of compact sustainable urban forms (density);
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(xii) Promote and provide incentives for urban renewal and re-
development for urban areas;
(xiii) Promote informal settlements improvement programs;
(xiv) Designate and gazette urban growth boundaries to prevent urban
sprawl;
(xv) Implement the Urban Areas and Cities Act, 2011 to facilitate urban
settlement and management;
(xvi) Review planning legislation and guidelines to meet the challenges
of urban planning and development;
(xvii) Develop urban renewal strategies and enforce development
control;
(xviii)Provide for designated, well planned and serviced wholesale and
retail sites in major and satellite towns;
(xix) Undertake planning and land banking for industrial, commercial,
agriculture and infrastructure development.
3.24 Provision of Infrastructure and Services in Human Settlements

Most urban areas are not adequately provided with infrastructure such as safe
water, sanitation, drainage, solid waste disposal services, and transportation
infrastructure. This phenomenon negatively affects the quality of environment
required in the human settlements. There is therefore a need for development
that takes into cognizance the provision of basic infrastructure and services.
Similarly, rural settlements also lack basic infrastructure and services. This is
caused by high costs due to horizontal nature of developments, dispersed
nature of rural settlements, high utilization of biomass energy (firewood and
charcoal) for cooking that depletes tree cover, haphazard development of
urban areas and fringes, and lack of integration in the provision of
infrastructure.
To ensure adequate provision of infrastructure and services in human

settlements, the Government shall:
(i) Promote an integrated approach that brings together
infrastructure and service providers at the planning stage of
development;
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(ii) Empower national and county planning institutions to ensure
proactive sustainable planning implementation and enforcement
within their respective areas of jurisdiction;
(iii) Open up rural transportation infrastructure to provide for
improved rural-urban integration;
(iv) Promote energy saving technology and encourage the use of
alternative/renewable energy sources;
(v) Develop strategies for urban and rural transportation systems;
(vi) Provide initial basic services and infrastructure in pre-developed
and developed areas;
(vii) Adopt appropriate standards for infrastructure and services in
human settlement planning.
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CHAPTER
4 IMPLEMENTATION FRAMEWORK
4.1 Institutional Framework

The implementation of this Policy will require a well-coordinated institutional
and legal framework. The success of a good land use policy depends largely on
the willingness and ability of government and other institutions to implement
prescribed recommendations.
4.1.1 National Council for Land Use Policy

There shall be established a National Council for Land Use Policy to be chaired
by the Head of Public Service to take full responsibility for coordination,
sectoral integration and mobilization of resources for implementation of this
Policy.
Functions
The principal functions of the Council shall be;

i. Steering organ for the implementation of the Policy;
ii. Mobilization of resources for effective performance of land use and
management function;
iii. Coordination and integration of sectoral programmes for effective
implementation of this Policy.
Membership of the Council shall include;

i. Head of Public Service - Chair
ii. The Cabinet Secretaries in charge of ministries responsible for;
Lands and Physical Planning, National Treasury, Transport,
Infrastructure, Environment and Natural Resources, Water,
Agriculture, Livestock and Fisheries, Devolution and Planning, Interior,
Defense, Tourism, Mining and Energy
iii. Representatives of County Governments through the Council of
Governors
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iv. Chairman, National Land Commission
v. Director General NEMA
vi. Director General KWS
vii. Director KFS
viii. National Director of Physical Planning- Secretary
The Council shall hold meetings on quarterly basis.
4.1.2 National Technical Implementation Committee

The secretariat to be provided by National Director of Physical Planning
Technical heads of departments and state agencies drawn from the respective
sectors including;
i. National Director of Physical Planning - Chair
ii. Director of Surveys
iii. Director Land Use Planning - National Land Commission
iv. Director General NEMA
v. Director General AFA
vi. Director General Kenya Maritime Authority
vii. Director KENHA
viii. Director KURA
ix. Director General LAPPSET
x. Director General KWS
xi. Director KFS
xii. Regional Development Authorities
xiii. County Executive Committee members in charge of Lands and Physical
Planning
xiv. Representatives from non-state actors through co-option
Functions of the National Technical Implementation Committee
The principal functions of the Committee shall be;
i. Implementation of decisions made by the National Council
ii. Preparing reports from various sectors on the status of
implementation for presentation to the National Council
iii. Coordination of implementation in the various sectors
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iv. Monitoring and tracking of the performance of the various sectors in

the implementation of the Policy
v. Technical support and capacity building for counties and other
agencies within the sectors
vi. Any other function assigned by the National Council
The National Technical Implementation Committee shall hold meetings on a

quarterly basis.
4.1.3 County Technical Implementation Committees

Within each county there shall be a county specific implementation committee
chaired by the Governor and deputized by the Deputy Governor. The functions
will be similar to the national technical implementation committee but strictly
within the jurisdiction of the county and membership to be drawn along similar
lines.
Membership of the County Technical Implementation Committee
i. Governor - Chairman
ii. Deputy Governor - Deputy Chair
iii. Chief Executive Committee Member in charge of; Lands and Physical
Planning, Transport, Infrastructure, Environment and Natural
Resources, Water, Agriculture, Livestock and Fisheries, Finance,
Tourism, Mining and Energy
iv. Chief Officers in charge of; Lands and Physical Planning, Transport,
Infrastructure, Environment and Natural Resources, Water, Agriculture,
Livestock and Fisheries, Finance, Tourism, Mining and Energy
v. The secretary will be the County Director in charge of Physical Planning
vi. Representatives from non-state actors through co-option
vii. Community land administration boards
4.1.4 Ministry of Lands and Physical Planning

Within the Ministry of Lands and Physical Planning the National Department of
Physical planning will be restructured and given fresh impetus for effective
performance of its enhanced function.
Specifically;
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i. Government shall rationalize and bring together all the sections existing
in other national government ministries that are currently performing
physical planning related functions. In this respect, the current
department of Urban and Metropolitan Development within the Ministry
of Transport, Infrastructure, Housing and Urban Development will be
transferred and will be domiciled in the National Department of Physical
Planning to avoid duplication and allow for coordinated approach in
handling the function of Land Use Planning and Urban Development
Management;
ii. The National Director of Physical Planning shall be the lead national
authority and advisor on matters of physical planning as well as urban
development and management;
iii. Government shall increase budgetary allocation to the National
Department of Physical Planning to facilitate effective performance of
the enhanced functions assigned to that office;
iv. Restructure and revise the organizational structure of the National
Department of Physical Planning to give it adequate institutional
capacity in terms of human resource establishment and administrative
leeway to give it the necessary latitude to perform its enhanced
function.
4.1.5 The National Land Commission

The Constitution and the National Commission Act assigns the NLC a number of
functions related to land and land Use.
In respect to this, the National Land Commission shall;
i. Develop a framework for monitoring, oversight and reporting on
performance of various public, private, communities, non-state
actors and individual land holders in performing their obligations as
outlined in this document;
ii. Conduct research on matters related to land and the use of natural
resources and make recommendations to the relevant authorities;
iii. Prepare reports to bring out challenges in the implementation of
National Land Use Policy by the different sectors;
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iv. Carry out periodic reviews on sectoral performance in the

implementation of this Policy to be submitted to all levels, specific
agencies, county governments, Parliament and President;
v. Carry out resource mobilization for the sectors in the
implementation of the Policy as the lead advocacy agent.
4.1.6 Ensuring Sound Implementation of the National Land Use

Policy
Responsibility for ensuring the sound implementation of planning policy rests
principally with the National Land Commission as set out in section 4.1.5 above.
Initial responsibility to implement this Policy lies with National and County
Technical Committees.
In respect to this;
i. All national, county and local institutions, led by the National Council
for Land Use Policy, shall adhere to the provisions of this Policy in as
far as sound and legal implementation of this Policy is concerned;
ii. The National and County Technical Committees shall ensure that
planning is executed and implemented in accordance with the
provisions of the Constitution, other relevant national legislation and
any other relevant county laws or by-laws;
iii. The National Land Commission shall set up a system for monitoring
and evaluation of all physical/spatial development plans prepared at
the national and county levels to bring them in conformity with the
Constitution and national laws.
iv. The corrective guidance of the National Land Commission shall be
upheld through a series of sanctions required to bring any errant
national or county implementing agency into line with what the
Constitution and other laws requires.
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INSTITUTIONS AND FUNCTIONS FOR THE

IMPLEMENTAION OF NATIONAL LAND USE POLICY
•!Implementation of the Policy

Lead National Authority and advisor on matters of Physical Planning as well as urban
National •!Resource mobilization

Council • Coordination and integration
of sectoral programmes
!
Ministry of Lands and Physical Planning
•!! Implementation of decisions

made by the National
development and management
Council
• Reporting on
National implementation status
Technical •!! Coordinate sectoral
implementation
Implementation
•!! Monitoring and tracking
Committee
sectoral performance
•!! Technical support and
capacity building for
counties and other agencies
within the sectors.
!
• !Implementation of the
Policy in the County
County
• County resource
Technical mobilization
Implementation • Coordination and
Committee integration of sectoral
programmes within the
County
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MONITORING AND OVERSIGHT BY THE NATIONAL LAND

!
COMMISSION IN THE IMPLEMENTATION OF THE LAND USE
! POLICY
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! PARLIAMENT
(NATIONAL
ASSEMBLY
AND SENATE)
L
NATIONAL
COUNCIL
A B
MOLPP J C MDAs
NLC
I Monitoring D
and
Oversight
E
H F
G COMMUNITIES
INDIVIDUALS,
COUNTY
NSA
GOVERNMENTS
! !
MOLPP0Ministry!of!Lands!and! MDAsLMinistries,!Departments!
Physical!Planning! and!Agencies!
NLCLNational!Land!Commission!! NSALNon!State!Actors!
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!
A. 5 i. Report!on!the!overall!status!of!sectoral!performance!to!ensure!
compliance!to!Policy!direction!
ii. Implementation!of!recommendations!made!by!the!National!Council!
iii. Generate!periodic!reports!to!the!National!Assembly!
B. 5 i. Coordination!of!sectoral!activities!in!the!implementation!of!this!
Policy!
ii. !Issue!recommendations!on!issues!arising!from!implementation!of!
the!Policy!
C. 5 i. Tracking!performance!of!the!implementation!of!the!National!Land!
Use!Policy!and!Law!in!adherence!to!the!principles!and!guidelines!
laid!out!!
ii. Generating!reports!on!the!status!of!the!Implementation!of!the!
National!Land!Use!Policy!and!the!Law!by!the!implementing!agencies!
iii. Offering!advice!on!matters!of!land!use!!
iv. Issuing!cautionary!notices!on!!underperformance!by!the!various!
sectors!!!
D. 5 i. Seek!advice!on!land!use!matters!
ii. Dispute!resolutions!over!land!related!matters!!
iii. Provide!implementation!status!reports!
E. 5 i. Seek!advice!on!land!use!matters!
i. Provide!implementation!status!reports!on!land!use!matters!
F. 5 i. Ensure!participation!on!land!use!matters!with!a!!view!of!getting!
comments!on!the!implementation!of!NLUP!!
ii. Dispute!resolutions!over!land!related!matters!
G. 5 i. Monitoring!and!evaluation!of!all!physical/spatial!development!plans!
ii. Tracking!performance!and!generating!reports!on!the!
implementation!status!
iii. Issuing!cautionary!notices!on!wanting!performances!and!relevant!
sanctions!
iv. Offering!advice!and!remedial!measures!
H. 5 i. Preparation!and!submission!!of!implementation!status!reports!on!!
the!Land!Use!Policy!!
ii. Seek!advice!on!land!use!matters!
I. 5 i. Consultation!and!cooperation!on!land!use!matters!
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ii. Preparation!and!submission!!of!implementation!status!reports!on!!
the!Land!Use!Policy!!
iii. Seek!advice!on!land!use!matters!
J. 5 i. Sharing!of!information!on!areas!that!the!departments!intervention!
ii. Require!the!NDPP!to!provide!technical!support!to!counties!!
iii. Oversight!the!Ministry!to!determine!whether!it!is!executing!its!
mandate!as!far!as!supporting!counties!in!implementation!of!this!
Policy!
K. 5 i. Preparation!and!submission!of!status!reports!on!implementation!of!
this!Policy!
L. 5 ii. Exercise!oversight!role!in!relation!to!implementation!of!this!Policy!
iii. Consider!proposed!legislation!on!implementations!of!this!Policy!for!
approval!
4.2 Review of Existing Legislation

All sectoral laws and policy frameworks will be revised to bring them into
accord with the recommendation of this Policy. These include; Agriculture Food
and Fisheries Act, 2013, Survey Act, Cap 299, Environmental Management and
Coordination (Amendments) Act 2015, Water Act, Wildlife Conservation and
Management Act, 2013, Kenya Maritime Authority Act Cap 370, 2012, Roads
Act, Climate Change Act, 2016, Physical Planning Act Cap 286, Land Act 2012,
National Land Commission Act 2012, County Governments Act, 2012, Land
Registration Act 2012, Urban Areas and Cities Act, 2012, Forestry Act, 2005,
Protected Areas Act
4.3 Review of Existing Policy Frameworks

All sectoral policy frameworks will be revised to bring them into accord with the
recommendation of this Policy. These policies include;
i. National Land Policy

ii. National Urban Development Policy
iii. National Transportation Policy
iv. Agriculture, Food and Fisheries
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v. Maritime Policies
vi. Wildlife Policies
vii. Environmental Conservation Policies
viii. Forestry Conservation Policies
ix. Kenya Vision 2030
4.4 Preparation of Planning Guidelines and Manuals

For effective implementation and mainstreaming of policy guidelines principles
and strategies the National Director of Physical Planning will prepare and
disseminate appropriate physical planning guidelines, manuals and standards.
These guidelines shall be prepared in a multi-sectoral and participative manner
to ensure ownership and easy implementation of the Policy principles.
4.5 Dissemination of the Land Use Policy Guidelines and Principles

To improve dissemination of land use information at all levels in the country,
the Ministry of Lands and Physical Planning through the National Director of
Physical Planning shall:
(i) Develop and implement a communication strategy specific to this
Policy to ensure effective and pervasive dissemination of all the
principles and guidelines to all sectors of the economy, county
governments, communities, land owners, private sector, civil
society organizations and international agencies operating within
the country;
(ii) Develop programmes for direct field engagements with
stakeholders from the counties;
(iii) Increase the use of existing and potential avenues for
disseminating land use information, including Print and Electronic
media, Institutional Libraries and Resource Centers, Civil Society
and Religious Organizations;
(iv) Package and disseminate land use information for use by a variety
of stakeholders including county governments, landowners, land
managers, land administrators, researchers, students, investors
and others;
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(v) Develop the capacity of private extension and other service

providers to provide expert advice on land use through the
participation of all land actors;
(vi) In collaboration with the National Land Commission, produce a
status report on “The State of Land use in Kenya” once every 5
years for urban areas and 10 years for rural areas;
(vii) Fully decentralize land administration and information
management systems in line with the Kenya Constitution.
4.6 Estimated Budgetary Requirements

Implementation of this Policy has financial requirements to facilitate
capacity building for the National Department of Physical Planning,
implementation of communication strategy for effective dissemination,
review of existing sectoral policies and legislations, strengthening of the
capacity of county physical planning units and implementation of the action
plan for execution of this Policy across all the relevant sectors. Below are
the intended activities that have financial implications;
4.6.1 Capacity Building for National Department of Physical Planning

i. Adequate staff comprising Physical Planners, GIS Analysts,
cartographers and administrative staff
ii. Training for skill enhancement and sensitization
iii. Benchmarking with best practices and exchange
programmes.
iv. Automate physical planning processes and development of a
Land Use Management System for connectivity and real time
sharing within the various sector, validate and digitize all
records held by the National Director of Physical Planning
v. Proper GIS Laboratories at head office and regional levels of;
Mombasa, Embu, Nyeri, Isiolo, Eldoret, Kakamega, Garissa,
Kisii, Machakos, Nakuru, Kisumu and Kitale.
vi. At least one four-wheel drive vehicle in each regional office
vii. Adequate office space with adequate internet connectivity
and furniture.
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4.6.2 Communication Strategy
i. Dissemination materials
ii. Workshops
iii. Publications
iv. Production of ICE (Information, Communication and
Education materials)
v. Annual Exhibitions
vi. Public Relations and Media
4.6.3 Review of Policies and Existing Legislations

i. Hiring of consultants to study the existing legislations and
policies
ii. Actual drafting of the bills and policies
iii. Stakeholder engagement in the review processes
4.6.4 Development of Policy Guidelines, Standards, Strategies and

Manuals
i. Revision of the Physical Planning Handbook
ii. Development of Regulations for operationalization of the
Physical Planning Act, 2016
iii. County planning guidelines
iv. Building standards
v. Urban transportation guidelines
vi. Disaster management and early warning systems
vii. Peri-urban development guidelines
viii. Standards for the utilization of natural resources for
construction
ix. Blue Economy development standards
4.6.5 Enhancement of Capacity of Counties to Perform Physical

Planning Functions
i. Adequate staff comprising Physical Planners, GIS Analysts,
cartographers and administrative staff
ii. Training for skill enhancement and sensitization
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iii. Benchmarking with best practices and exchange

programmes
iv. Automate physical planning processes and development of a
Land Use Management System for connectivity and real time
sharing within the various sectors, validate and digitize all
records held by the County Director of Physical Planning
v. At least one four wheel drive vehicle for each sub-county
vi. Adequate office space with adequate internet connectivity
and furniture
4.6.6 Mapping and Documentation

i. Natural resources
ii. Land capability
iii. Trans-boundary resources
iv. Land use and land cover
v. Fragile ecosystems and marginal lands
vi. Wildlife dispersal corridors
vii. Marine dispersal areas
viii. Disaster prone areas
ix. Riparian areas, wetlands, open spaces, parks and river deltas
x. Irrigated and areas with potential for irrigation in the ASALs
xi. National protected areas
xii. Historical sites and national heritage areas
xiii. Informal settlements
4.6.7 Preparation of Land Use Reports

i. State of Land Use in Kenya
ii. Rangelands carrying capacity study report
4.6.8 Establishment of a Land Reclamation and Restoration Fund

i. Land reclamation and restoration fund
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4.6.9 Development of an Action Plan for Implementation of the
Policy
For purposes of having a rationalized and coordinated programme, the Ministry

of Lands and Physical Planning shall develop and disseminate an action plan
that will guide all sector players in implementation of this Policy.
Policy Implementation Cost

Year Actions Cost in
Millions
Year 2016/2017 • Develop action plans and roll out the 100M
one implementation process
• Setting up GIS Labs at regional and 300M

County offices
• Empower National Regional and 400M

county planning institutions for a
proactive planning implementation
and enforcement through: -
o Capacity Building through training
and equipment
(Each Regional office to have at least 3
physical planners, 2 GIS analysts
and 1 Planning Assistant)
• Initiate preparation of Policy 1.2 billion
guidelines, standards, regulations
and planning manuals
Year 2017/2018 3 billion
Two • Public sensitization and awareness
creation on the policy prescriptions
• Formation of the proposed
institutions for implementation
• Undertake land capability
assessment
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• Initiate planning and mapping of

natural resources and fragile
ecosystems in the country
• Research and studies on the
country’s natural resources
Year 2018/2019 • Community governance through 4 billion
Three community sensitization on planning
process and other sectoral
management processes to promote
sustainable use and management of
land
• Support for planning institutions in
the country to improve and
consolidate their capacity for
implementation
Year 2019/2020 • Map, restore and reclaim riparian 4 billion
Four areas along lakes, rivers and other
wetlands
Year 2020/2021 • Review planning legislations, policies 4 billion
Five and guidelines to meet the
challenges of urban and rural
planning and development and
ensure conformity to the policy
• Prepare guidelines for the
implementation of the policy across
the different levels
• Monitoring and evaluation of Impact
of the policy
• Undertake NLUP review
Note: Initial Programme over 5 years will cost KSh. 17 Billion.!
! !

Sessional Paper No. 1 of 2017 On National Land Use Policy PDF

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Sessional Paper No. 1 of 2017 On National Land Use Policy PDF

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PRINTED BY THE GOVERNMENT PRINTER, NAIROBI

MINISTRY OF LANDS AND

Sessional Paper, No. 1 of 2017

As provided for by Article 260 of the Constitution, Land in Kenya is

The biggest challenge that the country faces is to strike a balance

PROF. JACOB T. KAIMENYI, PhD, FICD, EGH

So as to ensure efficient, productive and sustainable use of land, key

In order to fully realize the objectives of this Policy and reduce

AFA Agriculture and Food Authority

AFFA Agriculture, Fisheries and Food Act

ASAL Arid and Semi-Arid Land

DRSRS Directorate of Resource Survey and Remote Sensing

EMCA Environment Management and Coordination Act

GDP Gross Domestic Product

KENHA Kenya National Highways Authority

KNBS Kenya National Bureau of Statistics

KURA Kenya Urban Roads Authority

KWS Kenya Wildlife Service

LAPSSET Lamu Port South Sudan Ethiopia Transport Corridor

MDAs Ministries, Departments and Agencies

MEA Multilateral Environment Agreement

NEMA National Environment Management Authority

PRSP Poverty Reduction Strategy Paper

SEZ Special Economic Zone

TBNRM Trans-Boundary Natural Resource Management

CHAPTER ONE: INTRODUCTION ..................................................................... 1

CHAPTER TWO: LAND USE IN KENYA ............................................................. 8

CHAPTER THREE: POLICY GUIDELINES, PRINCIPLES AND STRATEGIES .... 33

3.17 Coastal and Maritime (Blue Economy) Environmental Management and

CHAPTER FOUR: IMPLEMENTATION FRAMEWORK ...................................... 58

1.1.1 Land and Land Use in Kenya at a glance

1.1.2 Statement of the Problem

Economic, social and political stability is determined by the extent to which

1.1.3 Government Initiatives

livelihoods and create an enabling environment for agriculture, livestock

i)Proper management of land resources to promote public good and

1.5 Philosophy of the National Land Use Policy

protection and optimal use. Through this multi-faceted approach, a

i. Land is a critical resource and important factor of production.

1.8 Policy Review

2 LAND USE IN KENYA

2.1 Geographical Characteristics

As provided for by Article 260 of the Constitution, land in Kenya is defined as

2.2 Land Capability

Table 1: Current Population Estimation per County

COUNTY TOTAL ESTIMATED POPULATION

Migori 917170 1159027

2.3.2 Population and Land use

2.4 Land Use and Land Cover

2.4.1 Land Use

Key land uses in Kenya include; agriculture, industrial, commercial,

2.4.2 Land Use Data

i. Inadequate useful data,

2.4.4 Land Availability

2.5 Land Use Policy Themes

2.5.1 Agricultural Development

In several parts of the country, agricultural potential is limited because of

Inadequate consultations and lack of common guiding principles between

At individual household level, land is supposed to provide basic needs such as

Agricultural land production is largely characterized by subsistence farming

Effects of climate change in the form of drought, unreliable rainfall patterns,

Lack of value addition to agricultural products and poor marketing strategies