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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