COUNTRY REPORT: KENYA
Presented to the FIG Commission 7
Annual Meeting, Krakow, Poland.
September 17 - 23, 2003.
by
Jasper Ntwiga Mwenda
GENERAL
INDEPENDENCE
12 December 1963
Former British
Colony &
Protectorate
REPUBLIC
12 December 1964
Executive President
GENERAL
AREA: Over 582600 sq. Km
POPULATION: 28.7million (1999 census)
Current estimate: 31 million
National pop.growth rate: 2.9%
Rural: 78% Urban 22%
Female: 50.5% Men: 49.5%
High potential land: 30%
URBAN AREAS
Urban pop. Growth rate: 6.5% pa
Smaller towns ~ 9.1%
Nairobi has 36% of urban population
Estimated 65% Nairobi population lives in
informal settlements – may be higher in
smaller towns.
CATEGORIES OF LAND
1. Government Land (~10%).
Control by central government.
2. Private Land (~20%).
Freehold or leasehold tenure
3 . Trust Land (~70%).
Held in trust for residents by County Councils
(local authorities) until formalization of rights.
 May be re-designated soon
THE MAIN LAND REFORM
PROGRAMMES
1. Land distribution – allocation
2. Land formalization
3. Land redistribution
LAND DISTRIBUTION ALLOCATION
From government to private ownership
Sporadic
Varying sizes and user
Over 100 years
By 2001, about 230,000 parcels allocated
PROGRESS OF LAND REFORMS
ON TRUST LAND
CONSOLIDATION
AREAS
ENCLOSURE
AREAS
RANGELAND
AREAS
NO. OF TITLES 0.46 million
1 million
400
AREA
COVERED (ha) 1.3 million
3.5 million
3 million
FIELD SURVEY Ground survey –
METHODS
mainly chain and
compass
Identification
Identification on
on un-rectified 1:50000 series
aerial photos
topographical
maps
LAND REDISTRIBUTION
Subdivision and allocation of large farms,
previously owned by settlers to larger numbers
of farmers
White settlers owned 7.5 million acres (~ 3 m
ha) of farm land – about 30% of high potential
land
Two approaches used: 1. Government initiative (WB, UK, Germany etc.)
2. Private – Land buying Co., Co-op & self-help
groups
Private initiatives have settled more people
STATUS OF LAND REDISTRIBUTION
PROGRAMME (2001)
Settlement
Schemes (Govt.)
Company & Co op
farms (private)
Area (ha)
1 million
2.2 million
No of farms/
schemes
422
2700
No of families
settled
160000
-----
No of titles issued
120000
1.5 – 1.8 (est.)
LAND REGISTRATION
Title and deeds systems in existence
Intention to phase out deeds system since
1920
Deeds system exist because conversion
voluntary or when transaction involving title
occurs
LAND FORMALIZATION
Land under customary tenure brought to the
register. Freehold title for agricultural use.
English system of registration
Systematic approach used
Three different approaches: 1. Consolidation
2. Enclosure of existing parcels
3. Identification of group ranches
DEEDS SYSTEMS
Exist under three Acts
1. Registration of Documents Act, 1901 –
simple deeds system
2. Land Titles Act, 1908. Simple then
upgraded to advanced in 1911.
3. Government Lands Act, 1915 – Advanced
deeds system.
TITLE SYSTEMS
Two title registration systems: 1. Registration of Titles Act, 1920
Requires fixed boundary surveys
Torrens system
Slightly over 200000 titles
Registered Land Act, 1963
Serves both general and fixed boundaries systems
English title system
> 2 million titles
PROGRESS IN ISSUANCE OF
TITLE TO LAND (1976-1999)
3500000
3000000
2500000
2000000
1500000
1000000
500000
0
1976 1984 1992
No of titles
LAND ADMINISTRATION
ARRANGEMENTS
 MINISTRY OF LANDS & SETTLEMENT – Main player
 Departments within Min. of Lands & Settlement:  1. Lands – Allocation of Govt. land, Govt. valuation, registration of land
 2. Survey of Kenya – Surveying and Mapping. Licensed surveyors also involved in title
surveys
 3. Land Adjudication & Settlement – formalization, redistributive and consolidation reforms
 4. Physical Planning – planning of land
 5. Administration – coordination of activities within the Ministry
 Other authorities: 




a. Office of the President – especially allocations
b. Min. of Roads & Public Works
c. Min. of Agriculture
d. Min. of Local Government
etc.
INSTITUTIONS FOR TRAINING
SURVEYORS
UNIVERSITIES
University of Nairobi
Jomo Kenyatta University of Agriculture &
Technology
POLYTECHNIC/COLLEGE
The Kenya Polytechnic
Kenya Institute of Surveying & Mapping
LOCAL TRAINING INSTITUTIONS
INSTITUTION
COURSE
ANNUAL
INTAKE
DURATION
(years)
COMMENTS
University of
Nairobi
B Sc
M Sc
28
2
5
2
Geomatics
Jomo Kenyatta
Univ. of Agric.
& Technology
B Sc
28
5
Geomatics
Kenya
Polytechnic
Diploma
HND
60
15
3
2
Surveying and
Cartography
Kenya Institute
of Surveying &
Mapping
Diploma
HND
108
25
3
2
Surveying,
Cartography,
Photo & RS,
Map Repro
PROFESSIONAL MEMBERSHIP
(Institution of Surveyors of Kenya)
CATEGORY
OF
MEMBERSHIP
CHAPTER
TOTAL
Full
Associate
Technician
LAND
SURVEYORS
90
108
10
208
BUILDING
SURVEYORS
39
6
N/A
45
LAND
MANAGEMENT
19
2
N/A
21
VALUATION &
ESTATE
MANAGEMENT
326
167
N/A
493
SOME CURRENT LAND ISSUES
 1. Constitutional conference in progress
-
greater control by communities in land allocation
more accountability with regard to community land
redesignation of land categories
National Land Commission (being discussed)
 2. Repossession of ”illegally allocated” land
 3. ”New generation” title deeds (?)
 3. Informal settlements – upgrading
- what rights and to whom
- MOU with UN-Habitat
LAND ISSUES (contd)
 4. Computerization of land records
A number of initiates with a number of donors on going but little
coordination between donors
Physical Planning – France
Survey of Kenya – Japan, France
Adjudication & Settlement – Germany
Lands – UK, Denmark
Advertisement in May in Press seeking solution
 5. Need for better coordination between Ministries with
regard to land issues
GENERAL
KENYA IS A WONDERFUL COUNTRY. PAY
US A VISIT AND SEE FOR YOURSELF
THANK YOU
dziekuye bardzo
Do-zabacze nia w Kenii