Transcript - The Institution of Engineers of Kenya

Infrastructure way leaves, reserves and
corridors
A presentation to
INSTITUTION OF ENGINEERS OF KENYA
‘‘Innovative Engineering Solutions for Counties Industrialization”
By
Salome L. Munubi and Hosea Ndung’u
9th May 2013
Tom Mboya Labour College, Kisumu
Infrastracture Wayleaves, Reserves and Corridors
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1.
BRIEF INTRODUCTION
2.
INFRASTRUCTURE DEVELOPMENT
3.
THE NEW LAND LAWS
4.
PROPERTY RIGHTS WAYLEAVES AND EASMENTS
5.
LAND LAW-CONVEYANCY
6.
CHALLENGES IN MAINTENANCE OF WAYLWEAVE CORRIDORS
7.
THE NATIONAL LAND POLICY ISSUES IN THE REFORMS
8.
CONCLUSION
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Infrastructure Wayleaves, Reserves and Corridors
KETRACO is a state corporation
incorporated on 2nd December, 2008
under the Company's Act, Cap 486
pursuant to the Sessional Paper No. 4 of
2004 on Energy
 Its mandate is to design, construct,
operate and maintain new high voltage
transmission line infrastructure

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1950’s to 2008: 3,300km
KETRACO to do 8,316km
There will be need to develop:
• 3,715km of 400kV T/Lines
• 2,824km of 220kV T/ Lines
• 1,777km of 132kV T/ Lines
The total arithmetic cost of the
transmission system expansion
cost is $1.55 billion.
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The capacity was 1,205MW in 2009
forecast to rise to 15,065MW in 2030.
Candidate generation resources
considered in the system expansion
plan include geothermal, hydro, coal,
oil-fired and nuclear plants as well as
imports from the neighbouring countries
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Indicates the total installed capacity will be
obtained from:
• 27% from Geothermal
• 24% from Nuclear plants,
• 24% from Coal Plants
• 13% from Imports
• 6% from Hydro plants,
• 7% from MSD plants, Gas Turbine and Wind
The net present value of the system expansion
cost over the 20 year amounts to $10.15 million.
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
Infrastructure development is a set of interconnected structural
frameworks necessary for a robust economy

Social infrastructure development refers to basic social amenities such
as schools and hospitals Infrastructure development determines a
country or region's development level

Definition - "the physical components of interrelated systems providing
commodities and services essential to enable, sustain, or enhance
societal living conditions."
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It refers to the technical structures supporting an economy such as
roads, bridges, water supply, sewers, electrical grids and
telecommunication infrastructure. Constitutional reference

Functionally, infrastructure facilitates production of goods and services
and distribution of the finished products to markets.
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
To achieve infrastructure development
targets outlined in the vision 2030 using
efficient and sustainable approaches
within optimal project costing.
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Prescription for siting of convectional
infrastructure development projects.
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Shortest length, hence least capital cost.
Accessibility for easy construction and maintenance
Requirement of future loads or expansion plans
Separation distance from parallel infrastructure facilities
(power lines, pipelines, railway lines)
Avoiding of protected and conservation areas (forests, wild
life sanctuaries and cultural heritage).
Cost of securing and clearing right of way (ROW).
Maintaining technical and statutory distances from Airports,
Airstrips and Helipads
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
THE LAND ACT (No. 6 of 2012) (Repealed)
 The way leaves Act (Cap 292)
 The Land Acquisition Act (295)

The Land Registration Act (No 3 of 2012) (Repealed)
a.
b.
c.
d.
e.

The Indian Transfer of Property Act 1882
The Government Lands Act (Cap 280)
The Registration of Titles Act(Cap 281)
The Land Titles Act (Cap 282) and;
The Registered Land Act (cap 300)
It is proposed to enact a Community Land Act
The National Land Commission Act (No. 5 of 2012)
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NATIONAL VALUES AND GOVERNANCE
POLICY (Art. 10 of the Constitution)

The guiding principles of land Administration set out in
section 4 of the Land Act, 2012 are in consonance with Art
10 specifically (2) (b) and (c) of the Constitution.
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Section 4 of the Land Act outlines the following guiding
values and Principles:
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Equitable access to land
Security of Land Rights
Elimination of gender discrimination
Transparency
Cost effective Administration
Public participation
Non-discrimination
Alternative Dispute Resolution mechanisms
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LAND AS A RESOURCE
 Land is the basic element of economy synonymous with
existence of people out of its usage.
 Social perspective .
 Economic perspective.
 Political perspective
 Legal perspective
 Technological perspective
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In Kenya land is the socio-economic platform of Land
Reforms in the promulgated Constitution 2010.
Land for Co-ownership deemed as held by parties as jointtenants
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
What is a Way leave and Easement?
Permanent Easements
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The alternative to a way leave is an easement (also known as a
Deed of Grant of easement).
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This allows grantors to opt for a one-off capital sum, giving us the
rights to keep our equipment in situ in perpetuity and to have
access to the land for inspecting, maintaining, replacing or
removing the equipment.
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Infrastracture Wayleaves, Reserves and Corridors
Corridors
Wayleaves
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Reserves
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Outright purchase
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Negotiation by principle of good faith by both parties.
MISCHIEF:
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Abuse of discretion in compulsorily acquiring land
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Inadequate compensation –The NLC as a remedy?
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Compulsory acquisition power remains vested in the State [Art. 40].
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Notices, compensation and Pre-emptive rights 107 to 133.
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What is Land Law and Conveyance?
Challenges in Way leave Acquisition
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Leases about to expire
Co-Ownership
Tenancy in common.
Capacity
Artificial Persons, Corporations, Co-operatives
Charitable trustees (Churches, Schools) and personal
representatives – perpetual succession
Group representative entities e.g. Ranches
Customary Land in New Constitutions
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Infrastracture Wayleaves, Reserves and Corridors
Encroachment on
•
Pipeline – fire and deaths – Sinai case
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Electricity lines –vandalism and economic sabotage
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High-rise building near airports – Syokimau case
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Dam riparian – Flooding
•
Roads- Illegal bus stops
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Constitutional issues..
 Land tenure issues.
 Land use management issues.
 Land administration issues;.
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Principles of equity and equivalence
Equivalence
 Balance of interests
 Flexibility
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New concept – Geo-referencing
 What is geo-referencing?
 What is the effect of geo-referencing?
Process of conveyance
 Acceptance of change in conveyance
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CHAPTER FIVE ON LAND AND ENVIRONMENT
Constitutional Articles That Informed The Content Of
The New Land Laws
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Article 60 [Principles of land policy]
Article 61 [Classification of land]
Article 62 [Public land]
Article 63 [Community land]
Article 64 [Private land]
Article 65 [Landholding by non-citizens]
Article 66 [Regulation of land use and property]
Article 67 [National Land Commission]
Article 68 [Legislation on land]
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