1. COUNTRY REPORT: KENYA Presented to the FIG Commission 7 Annual Meeting, Krakow, Poland. September 17 - 23, 2003. by Jasper Ntwiga Mwenda

2. GENERAL u INDEPENDENCE u12 December 1963 uFormer British Colony & Protectorate u REPUBLIC u12 December 1964 uExecutive President

4. GENERAL zAREA: Over 582600 sq. Km zPOPULATION: 28.7million (1999 census) yCurrent estimate: 31 million yNational pop.growth rate: 2.9% yRural: 78% Urban 22% yFemale: 50.5% Men: 49.5% yHigh potential land: 30%

5. URBAN AREAS yUrban pop. Growth rate: 6.5% pa ySmaller towns ~ 9.1% yNairobi has 36% of urban population yEstimated 65% Nairobi population lives in informal settlements – may be higher in smaller towns.

6. CATEGORIES OF LAND z1. Government Land (~10%). yControl by central government. z2. Private Land (~20%). yFreehold or leasehold tenure z3. Trust Land (~70%). yHeld in trust for residents by County Councils (local authorities) until formalization of rights. zMay be re-designated soon

7. THE MAIN LAND REFORM PROGRAMMES z1. Land distribution – allocation z2. Land formalization z3. Land redistribution

8. LAND DISTRIBUTION - ALLOCATION zFrom government to private ownership ySporadic yVarying sizes and user zOver 100 years zBy 2001, about 230,000 parcels allocated

9. PROGRESS OF LAND REFORMS ON TRUST LAND CONSOLIDATION AREAS ENCLOSURE AREAS RANGELAND AREAS NO. OF TITLES0.46 million1 million400 AREA COVERED (ha) 1.3 million 3.5 million3 million FIELD SURVEY METHODS Ground survey – mainly chain and compass Identification on un-rectified aerial photos Identification on 1:50000 series topographical maps

10. LAND REDISTRIBUTION zSubdivision and allocation of large farms, previously owned by settlers to larger numbers of farmers zWhite settlers owned 7.5 million acres (~ 3 m ha) of farm land – about 30% of high potential land zTwo approaches used: - y1. Government initiative (WB, UK, Germany etc.) y2. Private – Land buying Co., Co-op & self-help groups zPrivate initiatives have settled more people

11. STATUS OF LAND REDISTRIBUTION PROGRAMME (2001) Settlement Schemes (Govt.) Company & Co op farms (private) Area (ha) 1 million2.2 million No of farms/ schemes 4222700 No of families settled 160000----- No of titles issued1200001.5 – 1.8 (est.)

12. LAND REGISTRATION zTitle and deeds systems in existence zIntention to phase out deeds system since 1920 yDeeds system exist because conversion voluntary or when transaction involving title occurs

13. LAND FORMALIZATION zLand under customary tenure brought to the register. Freehold title for agricultural use. zEnglish system of registration zSystematic approach used zThree different approaches: - y1. Consolidation y2. Enclosure of existing parcels y3. Identification of group ranches

14. DEEDS SYSTEMS zExist under three Acts y1. Registration of Documents Act, 1901 – simple deeds system y2. Land Titles Act, 1908. Simple then upgraded to advanced in 1911. y3. Government Lands Act, 1915 – Advanced deeds system.

15. TITLE SYSTEMS zTwo title registration systems: - y1. Registration of Titles Act, 1920 xRequires fixed boundary surveys xTorrens system xSlightly over 200000 titles yRegistered Land Act, 1963 xServes both general and fixed boundaries systems xEnglish title system x> 2 million titles

16. PROGRESS IN ISSUANCE OF TITLE TO LAND (1976-1999)

17. LAND ADMINISTRATION ARRANGEMENTS zMINISTRY OF LANDS & SETTLEMENT – Main player zDepartments within Min. of Lands & Settlement: - y1. Lands – Allocation of Govt. land, Govt. valuation, registration of land y2. Survey of Kenya – Surveying and Mapping. Licensed surveyors also involved in title surveys y3. Land Adjudication & Settlement – formalization, redistributive and consolidation reforms y4. Physical Planning – planning of land y5. Administration – coordination of activities within the Ministry zOther authorities: - ya. Office of the President – especially allocations yb. Min. of Roads & Public Works yc. Min. of Agriculture yd. Min. of Local Government yetc.

18. INSTITUTIONS FOR TRAINING SURVEYORS zUNIVERSITIES yUniversity of Nairobi yJomo Kenyatta University of Agriculture & Technology zPOLYTECHNIC/COLLEGE yThe Kenya Polytechnic yKenya Institute of Surveying & Mapping

19. LOCAL TRAINING INSTITUTIONS INSTITUTIONCOURSE ANNUAL INTAKE DURATION (years)COMMENTS University of Nairobi B Sc M Sc 28 2 5252Geomatics Jomo Kenyatta Univ. of Agric. & Technology B Sc285Geomatics Kenya Polytechnic Diploma HND 60 15 3232 Surveying and Cartography Kenya Institute of Surveying & Mapping Diploma HND 108 25 3232 Surveying, Cartography, Photo & RS, Map Repro

20. PROFESSIONAL MEMBERSHIP (Institution of Surveyors of Kenya) CHAPTER CATEGORYOFMEMBERSHIP TOTAL FullAssociateTechnician LAND SURVEYORS 9010810208 BUILDING SURVEYORS 396N/A45 LAND MANAGEMENT 192N/A21 VALUATION & ESTATE MANAGEMENT 326167N/A493

21. SOME CURRENT LAND ISSUES z1. Constitutional conference in progress y- greater control by communities in land allocation y- more accountability with regard to community land y- redesignation of land categories y- National Land Commission (being discussed) z2. Repossession of illegally allocated land z3. New generation title deeds (?) z3. Informal settlements – upgrading y- what rights and to whom y- MOU with UN-Habitat

22. LAND ISSUES (contd) z4. Computerization of land records yA number of initiates with a number of donors on going but little coordination between donors yPhysical Planning – France ySurvey of Kenya – Japan, France yAdjudication & Settlement – Germany yLands – UK, Denmark yAdvertisement in May in Press seeking solution z5. Need for better coordination between Ministries with regard to land issues

27. zKENYA IS A WONDERFUL COUNTRY. PAY US A VISIT AND SEE FOR YOURSELF zTHANK YOU zdziekuye bardzo zDo-zabacze nia w Kenii GENERAL