ADVISORY ON COMPREHENSIVE PROGRAMME FOR

REGISTRATION OF TITLE IN LAND

DRAFT REPORT

“To advise the national government on a

Article 67(2) (C) of the Constitution of Kenya, 2010 comprehensive programmer for the registration
of title in land throughout Kenya”
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 47 COUNTIES OF KENYA

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 F O R E WA R D
from the Chairman
commencement of registration of title in land programs.
Registration of title in land provides the citizens with
an opportunity to address the pertinent issues of land
tenure insecurity, access to credit base, stimulation of
land markets, expeditious land administration and land
transactions, reduction in land disputes, improved basis
A rticle 60 of the Constitution of Kenya holds that
land shall be held, used and managed in a manner
that is equitable, efficient, productive and sustainable.
for taxation and sustainable use of land resource. For
registration of titles in land programme to succeed,
government should encourage public participation,
It is in this regard that the Constitution assigns
support land owners, and provide adequate financial
National Land Commission in Article 67(2) (c) with the
support, qualified human resource. Corporation,
responsibility to advise the national government on a
consultation collaboration between the Ministry of Lands
comprehensive programmer for the registration of title
and Physical Planning, National Land Commission County
in land throughout Kenya.
Governments and development partners is essential for
Land continues to play a significant role in socio-
successful implementation of this programme. I want to
economic and political development of our country.
express sincere gratitude to the Food and Agriculture
The comprehensive programmer for registration
Organizations of the United Nations (FAO) through
of titles provides an opportunity for the national
the European union (EU) funded Land Governance
government to work towards attaining 100%
programme titled “Attainment of Vision 2030 through
registration as envisaged in Sessional paper No.3 of
devolved land reforms in community lands of Kenya”
2009 through the various methods of acquisition of
for their dire support in ensuring the realization
titles as outlined in section 7 of the Land Act, 2012
of development of the advisory on comprehensive
which include:allocation,land adjudication process,
programme for registration of title in land.I would like to
compulsory acquisition,prescription,settlement
thank members of staff from National Land Commission
programs, transmissions, transfers, long term leases
who contributed to the development of this advisory
exceeding twenty one years created out of private land
report albeit financial limitations, Friedrich- Erbert-
or any other manner prescribed by an Act of Parliament
Stiftung (FES) for their worthy support. It is my hope that
such as registration of community land,
national government will use the report to inform and
This programmer takes cognizance of the fact 51.%
speed up registration of title programs in the country.
of the counties have attained first registration of
title in land while 38% have various registration of Thank You
title programs in progress towards attaining first Prof.Muhammad A.Swazuri
registration and 11% of the counties are yet to have Chairman, National Land Commission, PHD OGW
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 from the CEO
T his Advisory report on comprehensive program
for registration of title in land throughout Kenya
by the National Land Commission has been developed
advisory.
thank heads of
Directorates and
We

and prepared in a consultative and participatory staff for the efforts

process that involved National Land Commission, and commitment
County land officials and development partners with to the land course in
interactive engagement with key stakeholders and Kenya.
consultations with key experts and professionals in
the land sector. We greatly value and thank all our stakeholders
whose views, contributions and critique spurred the
The advisory articulates processes and procedures development of this advisory.
involved in the registration process of title in land and
the necessary conditions that must be put in place in We take cognizance of the leadership role of the
order to realize registration of title in land throughout Ministry of Lands and Physical Planning officers
Kenya. It provides a guide to the National Government especially those from the Counties for their support in
on the priority areas it should focus its attention on providing requisite information that has gone into the
in order to realize 100% registration of the country. development of this advisory.

We acknowledge the dedication of the comprehensive As we move forward to make the Kenyan people
program team that consisted of officers from the realize their aspirations of effective, accountable and
various directorates of the commission and all those responsive land management and administration, we
who contributed their ideas towards this advisory are aware of the critical role of stakeholders in the
report. The team and other stakeholders/partners implementation of this advisory. To all we say Thank
exhibited patience, hard work, commitment and you very much.
diligence in navigating through the task of developing
this advisory for the National government. Professor, David Kuria
Ag Secretary/CEO
We appreciate the Chairman and the team of NATIONAL LAND COMMISSION.
Commissioners for their able leadership and technical
contributions towards the development of this

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EXECUTIVE
SUMMARY
COMPREHENSIVE PROGRAMME FOR
REGISTRATION OF TITLE IN LAND IN KENYA

Article 67(2) (C) of the Constitution of Kenya

2010 assigns the National Land Commission the
responsibility to “Advise the National government on
a comprehensive program for the registration of title
in land throughout Kenya.” In this regard NLC has
endeavored to prepare a programmer that captures
registration of title in the three categories of land i.e.
Public, Private and Community as outlined in Articles
61 – 64 of COK.
This programmer has considered all methods of
The need for title registration has been seen as a way
acquisition of title in land as contained in section 7 of
of resolving land tenure insecurity or uncertainty that
the Land Act, 2012 and captures all the 47 counties.
restrains development at the same time facilitating
The programmer is geared towards advising the
development of land markets, resolving land disputes
National government on how to ensure that Kenya
and improving the livelihoods of people through
attains 100% registration of title. Currently, first
establishment of credit base and making national
registration has been achieved in 51% of all
land redistributive reforms.
counties, while 38% of the counties are at various
The programme captures various items in land
stages of achieving 1st registration, while 11% of the
management such as Land use planning, land
counties are yet to start first registration as per field
administration, natural resources, land registries,
observation and statistics from the Ministry of Lands
survey, land adjudication, registration of community
and Physical Planning.
land, settlement programmes and informal
Registration of title in land is a system by which
settlements, issues of research and advocacy in land
ownership of real property is established through
and institutional capacities and linkages to facilitate
issuance of an official certificate indicating the
registration of title in land.
individual to whom such ownership is vested. This
A team of Officers from various directorates of the
system considers two registration systems i.e.
Commission have undertaken a survey of 31 counties
registration of deeds (register of documents)
so far to establish the levels of registration of titles
predominantly in Mombasa and Nairobi counties and
and the requirements and the team has made some
registration of title (records of rights) that is found in
observations worth mentioning..
all the counties
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 FIELD OBSERVATIONS counties such as Kisii and Vihiga.
National Land Commission has undertaken a survey • There is urgent need for the National Land
of all counties to establish the levels of registration Commission to finalize the register and mapping of
of titles and the requirements and has made the public land in the country as some counties seem
following observations worth mentioning. not to be aware of the boundaries of public land
• That counties are at various stages of registration and community land especially in areas where first
in terms of first registration and therefore require registration has not started.
specific registration programmes targeting specific • Many counties have no valuation rolls to guide
counties. Approximately 51% of the counties have land markets and therefore the need to develop
attained first registration while 38% are at various them.
stages of attaining first registration through the • Sectional title registration is very minimal in the
land adjudication programmer and 11% are yet to country being limited to Nairobi and a few urban
commence the process leading to first registration centers. Many towns are yet to realize sectional
• There is very little public land for allocation in the title registration.
various counties as the available public land for • With devolution every county is now desirous to
allocation is in most counties planned and allocate have their own land registries and some already
except in the 11%of the country where first have physical structures towards this effort .These
registration for titles has not started. counties include Turkana and Tana River. However
• The vast majority of Kenyans in the unregistered there is need to centralize all departments involved
areas prefer registration of individual titles to in the title registration process within the county.
registration of Community land. There is therefore • The Main Challenges to registration include
the need for the National Land Commission and the budgetary constraints, inadequate capacity
Ministry of Lands and Physical Planning to urgently especially in technical areas of survey and planning,
mount a campaign of civic education on the process ethnic and clan differences in areas of community
of registration of community land especially in land among the pastoralist communities among
the 11% of the country yet to experience first others.
registration • Successful registration of title in land requires that
• Many counties are yet to commence the process of there should be full public participation, the need
developing County Spatial Plans due to limitation for registration is demand driven, there should be
of funds and capacity to undertake development full government support especially in providing the
of the Spatial Plans. requisite finances, recognizable property rights
• There is urgent need for Parliament to speed up system and boundaries to enable demarcation to
enactment of legislation on minimum and maximum take place and qualified staff in all departments
land sizes to guide developments especially in rural involved in registration.
areas where first registration has been attained • Focus should be put towards specific thematic
to curb further land fragmentation especially in areas during implementation of the registration

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 system with reference to: land use planning, land LIST OF ABBREVIATIONS AND ACRONYMS
adjudication, registration of community land, land
ABBREVIATION FULL NAME
administration issues in general, survey, land
valuation, land registries, settlement programmes NLC National Land Commission
including informal settlements, implementation of
land information systems, research and advocacy, MoLPP Ministry of Lands and Physical
documentation of natural resources and protection
Planning
of fragile ecosystems and building institutional
capacities. RLA Registered Land Act

The Government needs to speed up land adjudication RTA Registration of Title Act
process in areas already declared so as to meet the
R.I.M Registry Index Map
limitations of time outlined in the Community Land Act,
2016 affecting Cap 284. Each county will require a P.I.D Preliminary Index Diagram
modern land registry to cater for registration needs.
ISK Institution Surveyors of Kenya
GLOBAL PERSPECTIVE
LSK Law Society of Kenya
The Commission has attempted to make some
global comparisons with a few countries which KIP Kenya Institute of planners
have implemented comprehensive registration of
title in land and drawn some lessons to inform the KFS Kenya Forestry Service
preparation of this programme.They include Ireland
NEMA National Environmental
that has successfully implemented registration
of deeds and a land registry, Onatrio province in Management Authority
Canada and Austria that were the first countries to
provide electronic registration and digitization of CSOs civil society organizations
land records respectively, Malaysia that has secured
IDP Internally Displaced Persons
communal land registration through legislation and
computerization of land registration processes, ADR Alternative Dispute Resolution
Bermuda that has an efficient department of land
title registration, Nigeria that has three registration TDR Traditional Dispute Resolution
systems of private conveyancing, registration of
NLIMs National Land Information
titles and registration of deeds and Ghana which has
two departments dealing with registration of title in Management System
land i.e. the National Land Commission and Land Title
registry

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 DEFINITION
OF TERMS USED IN THE REPORT
The following terms shall have the following meanings,
unless the context dictates otherwise:-

Article (of the Constitution)

A main section of the Constitution.

Section (of an Act/Law)

A sub-section of an Article of the Constitution or a
section of an Act of Parliament.

Deed
Deed is a formal document made under seal and duly
Table Of
Contents
signed and delivered.

Land
Land in its strict legal sense means not only the actual
land itself but also anything in or under the surface
and any buildings or structures affixed to the surface.
It includes water standing or being upon it.

Geo-reference
The reference of an object using specific location
either on, above or below the earth’s surface

Land adjudication
The process of determining, recording, up-dating
and disseminating information about the ownership,
value and use of land

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CONTENT PAGE

CHAPTER ONE
1.0 Introduction................................................................................................................................
• Objective.....................................................................................................................................
• The need for registration of titles..............................................................................................
• What is registration of title in land?...........................................................................................
• Registration of deeds.................................................................................................................
• Registration of title.....................................................................................................................
• Establishing the land title register..............................................................................................
• Certificate of title........................................................................................................................
• The process of registration of title in land................................................................................
• Methods of acquisition of title in land........................................................................................
• Benefits of comprehensive programmer for registration of title in land...................................
• Guiding principles.......................................................................................................................

CHAPTER TWO
2.0 Statement of the problem...............................................................................................................
Methodology....................................................................................................................................
• Review and analysis of policies, legislations and practices......................................................
• Aligning land issues to specific themes......................................................................................
• Purposive sampling of counties.................................................................................................
• Group discussions/consultations with county officials and professionals in land sector..........
• Scope of the exercise-content and geographic coverage.........................................................

CHAPTER THREE
3.0 Situational Analysis.........................................................................................................................
3.1 Status of land registration in Kenya.........................................................................................
• An appraisal land registration status in Kenya from pre-colonial to post independence..........
3.1.1 Public Land ...........................................................................................................................
3.1.2 Private Land...........................................................................................................................
3.1.3 Community Land....................................................................................................................
3.2 Synthesis...................................................................................................................................

CHAPTER FOUR
4.0 International Perspectives..............................................................................................................

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 4.1.Introduction...............................................................................................................................
4.2. Case studies ............................................................................................................................
4.2.1. Ireland...................................................................................................................................
4.2.2 Malaysia.................................................................................................................................
4.2.3 Bermuda................................................................................................................................
4.2.4 Ghana.....................................................................................................................................
4.2.5 Ontario...................................................................................................................................
4.2.6 Nigeria....................................................................................................................................
4.2.7 Ethiopia..................................................................................................................................
4.2.8 Australia.................................................................................................................................
4.2.9 Austria....................................................................................................................................
4.3. Lessons learnt from case study examples...............................................................................

CHAPTER FIVE
5.0 Comprehensive Programme For Registration Of Titles In Land.................................................
5.1. Public Land..............................................................................................................................
5.1.1. Alienation/Allocation.............................................................................................................
• Inventories .................................................................................................................................
• Georeferencing ..........................................................................................................................
• Digitization..................................................................................................................................
• Vesting of land after acquisition.................................................................................................
5.1.2. Settlement Programmes ......................................................................................................
• IDPs/forest evictees...................................................................................................................
• ADC/Large Tracts of Public Land...............................................................................................
5.1.3. Informal Settlements ............................................................................................................
• Squatters and Landlessness .....................................................................................................
5.2. Private Land.............................................................................................................................
5.2.1. Absentee Landlordism ....................................................................................................
5.2.2. Maximum/Minimum Acreage............................................................................................
5.2.3. Conversion of Long-term Leases ...................................................................................
5.2.3. Large Scale Land Holdings .............................................................................................
5.3. Community Land ....................................................................................................................
5.3.1. Land Adjudication ...........................................................................................................
5.3.3. Registration of Community Land.....................................................................................
5.3.3. Conversion of land from one category to another and long term leases ......................
5.3.4. Investments/extractives/infrastructure/..........................................................................

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CHAPTER SIX
6.0 Impementation, Monitoring And Evaluation ..................................................................................
6.1. Programme Implementation ...................................................................................................
6.2. Monitoring ...............................................................................................................................
6.3. Evaluation................................................................................................................................

REFERENCES
APPENDICES:

7.0 COUNTY MATRIXES....................................................................................................................

7.1 QUESTIONNAIRES......................................................................................................................

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 COMPREHENSIVE PROGRAMME FOR acquisition, prescription, Settlement programmes,
REGISTRATION OF TITLES IN LAND Transmissions and Transfers) and registration
THROUGHOUT KENYA of title status in all the 47 counties and provides
a programmer of actionable areas, actors, and
1.0 Introduction suggested factors to consider when working out the
Comprehensive programmer for timelines and cost of implementing the programmer
registration of title in land is a in order to achieve 100% registration.
systematically arranged land registration It is important to note that land plays a critical
that provides information about the role in the country’s economy and development
ownership of land and official recording as almost everything revolves around it – from
of rights in land by the state. It provides Housing, agriculture, forestry, mining, tourism and
details on the location of land, the limits physical infrastructure. This means that an efficient
(boundaries) of the land, the extent management and administration of land is essential
(area) of the land and the details about for the success of initiatives that require the use
the ownership (title) i.e. the types of of land for the production of goods and services
ownership and the names of owner(s) of throughout the country.
each type.
The foundations of Kenya Vision 2030 are the
Land registration is an important aspect in the land Economic, Social and Political Pillars. Land Reform
sector as it seeks to record interests in land to make is a critical resource for social-economic and political
it easy to transact in land like any other commodity. It development spelt out in vision 2030.Respect
generally describes the procedures and processes by for property rights to land, whether owned by
which matters of ownership, possessions and other communities, individuals or companies is an important
land rights can be recorded. In view of this, Article driver of rapid economic transformation.
67(2) (c) of the Constitution of Kenya, 2010 assigns
the National Land Commission the responsibility to Statement of the problem
‘Advise the national government on a comprehensive Less than 30% of Kenya’s total area of 582,650 km2
programmer for the registration of title in land is registered with approximately 4.06 million titles
throughout Kenya. This programmer is to cover the registered countrywide and 8,346,081.99 hectares
of land registered. 2,055 adjudication sections so far
registration of title in land of all the three categories
as defined in the Constitution 2010 in Articles 61 to registered comprising of 3,185,211 land parcels and
64; namely:-Public, Private and Community land 494 settlement schemes registered with 288,183
families/households settled (However the ministry
The report captures various methods of acquisition of land should be able to clarify the number of titles
of title in land as enshrined in section 7 of the Land issued for both first and second registration from
Act 2012, (Allocation, Land adjudication, Compulsory all categories of land). Therefore a comprehensive

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programmer for registration of title in land is National Land Commission, County Governments,
necessary to guide the Government of Kenya to attain development partners, civil society organizations and
100% registration encourage the support of land owners for successful
implementation of this program.
The policy and constitutional frameworks provided
Kenya with a unique opportunity to undertake Objective
comprehensive land reforms to respond to The main objective of this exercise is to prepare
contemporary land issues. Already the government an advisory on comprehensive programmer for the
has harmonized most of the laws that relate to registration of title in land throughout Kenya as per
registration of title in land through the Land (Laws article 67 (2) (C) of the Constitution of Kenya.
Amendment) Act 2016 that has amended the Land
Act, the Land registration act and the national land Specific Objectives:
commission act. Besides, government has enacted the The specific objectives of the assignment
community land Act 2016 to deal with registration of 1. To do an appraisal of land policy, registration
community land. It is therefore important to develop a processes and procedures as per the land
comprehensive programmer for registration of title in registration act and related acts of parliament
land to operationalize the changes brought about by relating to registration of title in land.
the laws and to actualize the anticipated land reforms 2. To review current practices in land registration and
in the light of the principles of the land policy and titling within the different title regimes.
constitutional framework so as to enhance security 3. To identify and appraise local and international best
of tenure . practices and recommend what can be adopted to
enhance land registration;
Registration of title in land provides the citizens with 4. To evaluate current status of land registration in
an opportunity to address the pertinent issues of land the country.
tenure insecurity, access to credit base, stimulation 5. To Assess land registration and titling institutional
of land markets, expeditious land administration structure and capacities
and land transactions, reduction in land disputes, 6. To provide an advisory comprehensive programmer
improved basis for taxation and sustainable use of for the registration of title in land
land resource.
The need for registration of titles
For registration of title in land programmer to Registration of titles in land in Kenya is important.
succeed, government should encourage public This is so because registration of titles helps to:-
participation, provide adequate financial support and • Achieve security of tenure and conclusiveness of
qualified human resource. Cultivate an environment the register: A landholder has security of tenure if
of cooperation, consultation and collaboration she or he perceives little or no likelihood of losing
between the Ministry of Lands and Physical Planning, physical possession of the land within some future

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 time period. Security of tenure gives one a right to The high cost of implementing a land registration
be indemnified from the government. system is the main cause for hesitation on the part of
• Reducing litigation and administration of a loan developing countries.’ An efficient land registration
system. The principle of security of title makes system is expensive. Various studies on the actual
borrowing easy as a lender feels secure in relying costs of conducting surveys and establishing land
on such a title as security of money secured thus title registration systems indicate costs can be as
facilitating development of a land market and credit high as $240 per parcel. Establishment of a land
base. registration system will likely take several years
• Achieve greater simplicity and certainty of title to to complete and will use significant numbers of
land. That registration should confer on a registered educated persons
proprietor an indefeasible title to a specified parcel 2. “Fixing” the Status Quo May Be Problematic
of land and dispense with any need on the part Implementing a land registration system often
of persons dealing with him or her to investigate “fixes,” or solidifies, the existing landholding
further his or her rights. Thus facilitating resolution pattern, which may be problematic. If land parcels
of land disputes. are fragmented, it may be prudent to consider some
• Title registration serves two purposes: it gives form of consolidation before land registration on is
certainty and facilitates proof of title; and renders more likely after land registration.
dealings in land safe, simple, cheap and prevents . Fixing the status quo by implementing a land
fraud on purchasers and mortgagees registration system in a setting of inequitable
• Modern registration of titles should aim at Creating distribution of landholdings is another possibility.
a unified, customer-oriented, one-stop-shop, In establishing a land registration system, however,
transparent, corruption-free public registry system there are serious dangers of strengthening
through comprehensive institutional, financial, the land rights of large landholders who might
technological and legislative reform. otherwise have uncertain claims to land.
3. Dispossession or Greater Tenure Insecurity
Challenges of registration of title in land for Smallholders
program Providing registered land rights to small farmers
While the potential benefits of a land registration and promoting a land market potentially contributes
system are many, the introduction of land to further dispossession instead of solidifying an
registration does involve costs and can even lead existing landholding pattern versus undergoing
to negative effects. Any government considering the a land consolidation and reorganization prior to
establishment of a land registration system must implementing a registration system).
consider the following factors. 4. Women and land registration
Property position of women is an increasingly
1. High Cost of Compiling and Maintaining a important issue.” In nearly all less-developed
Register countries, a male’s land rights are prioritized over

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 those of a female.” The prioritization of a man’s of such transactions. Registration of deeds can still
property rights is often based on the assumption be found in Nairobi and coast registries.
that women are supported by their husbands.
However our constitution has dealt with this Registration of title - the Torrens system
problem in Article 10 and Article 60(1) on non- This refers to the maintenance by the state of
discrimination on basis of gender an authoritative record of all rights in relation to
5. Fear of Land Tax or Compulsory Acquisition particular parcels of land. Such particular parcels as
A rural population may understandably resist may from time to time be vested on specific individuals
compilation of a land register for fear that the or legal entities and subject to such limitations as
government will use it as a basis for the assessment may be disclosed in the register itself save for such
or enforcement of a land tax.’ In the early days interests as may be of overriding nature (section 30
of British land settlement in India, many Indians of the RLA)
refused to give information concerning their land Registration of title was first introduced in Australia,
rights because they feared taxation.” in 1858, by Sir Robert Torrens.’ Torrens believed
that a land register should show the actual state
Systems of registration of title in land of ownership, rather than just provide evidence of
Land registration revolves around two land ownership.” Under this system, the government
registration systems, namely: guaranteed all rights shown in the land register.
1. Registration of deeds and Registration of title provides that convenience and
2. Registration of title. simplicity that anybody interested in a given property
The following is a brief highlight of the two systems: would want.
Registration of deeds The Torrens system of registration is based on three
The registration of deed system entails maintenance principle:
of a public register in which documents affecting
interests in a particular registered land are • The Mirror Principle that a register of title
documented. A deed registration system means that is intended to operate as a mirror reflecting
the deed itself, being a document which describe an accurately and incontrovertibly the totality of rights
isolated transaction, is registered. The system was and liabilities which at any given time affect the
used in several European countries to prevent double land falling within its coverage.
selling of land.
In this case, such a deed is merely evidentially of the • The curtain principle. It is to the effect that
recorded transaction and is by no means proof of trusts relating to registered land are kept off the
title. The most that can be made out of a deed is to title so that any person dealing with the proprietor
invoke the records as prima facie proof of the fact are safe in the assurance that the interest behind
that the transaction in question did occur. It cannot any trust will be overreached and shifted on the
and will not suffice to prove the validity or legitimacy capital proceeds of disposition.

15
 • The insurance principle. It provides that the a particular land parcel are finally and authoritatively
state shall guarantee the accuracy of the registered ascertained. Adjudication has been the most common
title, in that an indemnity payable from public funds method of determining land rights for registration
if a registered proprietor is deprived of his title or purposes. Adjudication involves ascertaining the
is prejudiced by a correction of any mistake in the land rights, demarcation and survey, solving the land
register disputes and preparing a final register of the land
owners for registration purpose.
Establishing the land title register/process of
registration of title in land ii. Registration of grants
Establishing a land title register consists of four (4) That requires a confirmation of grant for one to
main operations: The practice of registration of title transfer land owned by a sole proprietor or proprietor
in land entails the following:- in common. The land registrar on being provided with
a. Official recording in a land register of rights in land a copy of Confirmation of Grant from the court will go
or of deeds ahead to register the person named in the grant as
Initial determination of existing land rights/ the owner of the land. Keeping the registry current is
Ascertaining and recording of existing rights in only a matter of entering any and all changes in the
land. registry. This is exactly what the initial Torrens did in
b. Demarcation, which is the marking of the limits of Australia
each parcel on the ground;
c. Survey, which involves measurement and mapping Procedure for registration of grants
d. Description of the land parcel and tenure rights, A document that may be used to legally transfer
which entails entering relevant information into the property.
land register/ Issuance of titles to land. • A notice is put up visibly and notably in the court-
house or in any other manner the court directs
A.The initial determination of existing rights (Kenya Gazette) inviting objections to application
occurs only once for a given land parcel, usually during for grant within 30 days from the date of publication.
the initial compilation of the land register. The other • In the event an objection is raised, the court
three operations are ongoing. They occur during the will instruct the objector to file an answer to
establishment of the land registry, but continue as the application and across-application within a
and when there are changes in land rights. All four specified period.
processes are interdependent. • If the objector does not file an answer to the
This determination of rights can be through application and a cross-application within a specified
adjudication, registration of grants or conversion of period a grant may be made in accordance with the
deeds register as described below: original application.
i. Adjudication • Where an answer and a cross-application have
Adjudication is the process whereby existing rights in been filed, the court shall proceed to determine

16
 the dispute. ground or determination by ground features
• Whether or not there is dispute regarding the grant,
a court may, before making a grant representation;
• Examine any applicant on oath OR The first method entails fixing precise boundary
• Call for further evidence as to: positions on the ground in the presence of the
• The content of the will parties. After the positions of the boundaries are
• The making of an oral will fixed, they are permanently marked. This is in line
• The rights of dependents and of persons claiming with the current Land Registration Ac 2012 and the
interests on intestate property or community land Act 2016 that require all boundaries
• Any other matter which appears to require further to be require geo-referencing.
investigation before a grant is made OR
• Instruct any person appearing to have reason to In the second method, the boundaries are determined
object to the application to appear in Court. based on ground features that are noted either from
Note: aerial photos or ground surveys. These boundaries
The persons who are entitled to apply for a grant are not fixed legally, nor are they physically marked
are; Persons who have been appointed in a will unless the parties insist. The second method is much
as executors; Persons who are NOT included cheaper and faster in most cases. This was previously
include a minor, of unsound mind or bankrupt. Any used in adjudication surveys but the present law
person can apply for a grant but priority is given to requires that such be fixed.
spouses, children, parents according to the degree
of consanguinity. Not more than 4 people apply at Planning begins with acquisition of land for
once redistribution. Zoning and planned subdivision of
land and Project design of alternative land uses. This
iii.Conversion of Deeds Register (or is mostly applicable in public land allocations and
Recordation System) settlement schemes
If the country already has some system of deeds
registration in place, recourse to adjudication in C. Survey and mapping
the field may be avoidable. If the deeds registry The Kenyan Cadaster
is fairly complete, and there is adequate mapping In Kenya, cadastral surveying and mapping
of boundaries, a careful examination of the deeds is integrated in the land registration process;
may be sufficient to identify the parcels and their as such, its development follows that of land
associated property rights. registration. The Kenyan cadastral maps do not
include buildings. The cadaster is parcel-based,
B. Demarcation, planning, setting a part of i. e. information is geographically referenced
utilities. Redistribution of land/ land use planning to unique, well-defined units of land parcels.
involves two different procedures :fixing on the The Kenyan cadaster includes cadastral maps

17
 such as Survey and deed plans and the Registry estate. A system for recording land ownership and
Index Map (RIM) and Provisional cadastral maps values is important tool for a market economy to
such as Demarcation maps, Preliminary Index work properly and to sustain management of land
Diagram (PID), Registry Index Maps – range land resources
(provisional).
A register of titles typically consists of both a record
Survey methods range from very simple and less of the legal attributes associated with each parcel as
expensive to very complex, detailed, and expensive. well as a description of the land. Legal attributes such
The choice among surveying and mapping methods as the name of the owners; the nature of the tenure;
generally involves balancing costs and accuracy choice any encumbrances including mortgages, charges,
is too often driven by what is technically possible, and servitudes; the price paid for land transfer; any
rather than what is economical and necessary to exclusion of rights to minerals below the soil; and any
provide the desired benefits. Considering the degree caveats or cautions that may require informing a third
of accuracy required for land title registration, it must party if any dealings in the land are proposed may
be admitted that most of the benefits of cadaster/ be recorded in the land register. The description of
land-registration systems can be achieved even with the land is accomplished by reference to the registry
rather low mapping standards. map or a filed cadastral plan or by a plan drawn on
the register itself
Land surveying and mapping ensures that one is
investing in a secure parcel of land that is free from Certificate of title
fraudulent activities. It also enables one to establish Official certificates issued as conclusive evidence
boundaries on the piece of land and ensure that the of ownership (section 26 of Land Registration Act,
land being sold is valid and of the correct size as it is 2012) The certificates under the registration of title
stipulated on the title deed. in land used to indicate ownership of land include:-

D Land Titles Registration (a) Certificate of Lease:

This is a system by which the ownership of interest This is a title under the Registered Lands Act Cap
in land is recorded and registered, usually by 300 (repealed) for leasehold land. Leasehold is
the government, in order to provide evidence of a form of land tenure where a lessee (occupant)
indefeasible land ownership title and to facilitate holds rights to land for a specific period and subject
dealings in land matters .In a formal system of to conditions imposed on land rights by the lessor
registration, land titles by the state is necessary (landowner). The period can be 33, 50, 66 or 99
to register land ad property rights thus providing years for all urban plots for instance.
secure land ownership, security in real estate
investment, security of tenure, for collateral In this case, a lease certificate is a security issued
purposes and other private and public rights in real by an asset leasing company in order to finance

18
 the assets that are acquired or leased, and which Repealed title deeds
entitles its holders to the revenues attained from 1. Indenture Title: This was a title under the
such assets in proportion to their shares. Government Lands Act Cap 280. It has since been
repealed.
(b) Absolute Title: 2. Grant Title: This was a government grant under the
This is a title under the Registered Lands Act Cap Registration of Titles Act Cap 281 and a county
300 (repealed) for freehold land. This is a form council grant under Trust Land Act Cap 288. Both
of ownership in which the land owner has the have been repealed.
maximum rights in terms of period of ownership 3. Certificate of Title: This is under Cap 281 issued
and use of the land and cannot be disputed or due to subdivision without change of user. Change
challenged by anyone else. This is opposed to titles of user happens when one shifts from, for instance,
with liens, attachments or judgments against them. agriculture to residential
Also known as a perfect title.
PROCESS OF VALUATION OF LAND FOR REGISTRATION
(c) Sectional Title: OF TITLE:
This is a title for a unit within a building, for Valuation and land markets:
example a flat. It emanates from the Sectional Valuation as a profession is the art and science
Properties Act of 1987 and the title is deemed to that deals with estimating the market value of
be registered under the Registered Lands Act Cap an interest in land for a specific purpose and at
300 (repealed). a particular moment in time having regard to all
market and property conditions. A functional and
Sectional Title, as a form of ownership (as per vibrant real property market heavily relies on
the Sectional Titles Act No.95 of 1986), emerged verifiable property titles and sanctity of titles that
originally to permit parties to buy a piece or section can be ascertained by the state or the sovereign
of a larger property / building / development in a body. Land markets generally deal with the value,
fashion where there ownership (or title) is protected transfer, lease, insurance, licensing, and mortgage
(under Sectional Title law) and where there are clear of interests in land.
rules and guidelines on how the overall property is
managed, maintained and run. The credit system in the country revolves on the use
of land as collateral for financial lending. Economic
Section 30(3) of the Land Registration Act 2012, development may be slowed and/or retarded where
provides that a certificate of title or certificate of lease say parts of the country are surveyed or surveyed
shall be prima facie evidence of the matters shown but registration and documentation of title remain
in the certificate, while section 26(1) provides that incomplete or under adjudication. In this event, those
certificate of title to be held as conclusive evidence parts of the country are left out of the modern
of proprietorship. credit system producing a brake in the economic

19
 development. Therefore, the 100% titling as accordance with the repealed Land Acquisition Act
envisaged by Article 67(2) (C) in all the 47-counties Cap 295, is adopted at 15% of the market value, et
is an important concept that will definitely spur the cetera. Conventional methodologies and procedures
land market transactions and obviously improve the of sale comparison, income capitalization and cost
livelihood of the people. approaches to value are usually adopted in an effort
to arrive at an objective market value of the property
In the matter of issuance and registration of titles, under consideration.
the category of valuation majorly fall under statutory
valuations. These are valuations that are governed F Registration
by acts of parliament for the reasons that are largely Registration of title is defined as the maintenance
beneficial to the state or affected individuals; and of authoritative records, kept in a public office, of
are undertaken by the government agencies and in rights to clearly defined units of land as vested
particular by the National Land Commission (NLC) and for the time being in some particular person or
or by the Ministry of Land, and Physical Planning(Mop). body, and of limitations if any to which these rights
In the titling aspects, statutory valuation work relate are subject. To have a title means to be entitled
to calculations aimed at determining the amounts to exercise or enjoy various rights or incidents
payable for taxation purposes for stamp duty, stand associated with ownership of that estate.
premium and annual rent for new grants, alienation,
extension of leases, renewal of leases, change of The process involved include:
user, subdivision aspects and during conveyancing. • Apply and obtain land rent clearance certificate
• Apply, pay and obtain rates clearance certificate
As in the case of non-statutory valuations, statutory • Apply for a search on the title
valuations also involve understanding of the property • Apply and obtain consent to transfer
market. However, the departure comes in that, in • File the transfer instrument
addition to determining the market value, there is an • Get site inspection by government valuer and
element of adjustment according to the requirements valuation report
of the act of parliament or other regulation that • Endorsement of value for Stamp Duty and its
govern each type of valuation. assessment
• Payment of Stamp Duty
It is imperative to note that there are issues of policy • Lodge stamped transfer document for registration
that inform calculation for some of the above. For
instance, stand premium is as a matter of policy adopts Methods of acquisition of title in land
a rate 20% of the unimproved site value (USV) of Section 7 the Land Act 2012 outlines seven ways
the land, annual rent is adopted at 20% of the stand one can use to acquire a title. They are as follows:
premium for some property type, while statutory 1. Allocation:
additions in the case of compulsory acquisition in This is where public land is transferred by the

20
 government to individuals usually for a specified 6. Transmissions:
time and for a specific use with stated conditions. This is when ownership passes to another party
Allocation can be through a public auction, tender, whose powers over the land are restricted as in
drawing of lots or balloting or by confining allocation cases of death, bankruptcy and on liquidation
to a disadvantaged group. For land to be allocated, of a company. In case of death, a personal
it must first be planned, surveyed and serviced. representative will be registered as the proprietor
of the land, for bankruptcy a trustee becomes the
2. Land adjudication: registered proprietor while a liquidator shall be
This is when rights and interests to land are registered as the proprietor in cases of liquidation
ascertained and recorded in areas of community of companies, all by order of the court.
land (formally known as the trust land areas) under
Cap 284 7. Transfers:
This is the transfer of rights to land through sale.
3. Compulsory acquisition: A transfer is done after acquiring consent from
This is the acquisition of land by the government the relevant Land Control Boards, NLC, County
for a public purpose but subject to fair and prompt Governments and/or National Government. Stamp
compensation. Publication of the intention to duty of 2 per cent of the value of the land is
acquire is done through the Kenya Gazette and payable to the government in townships and
County Gazette. rural areas while a duty of 4 per cent is charged
on land in municipalities and cities. The transfer
4. Prescription: document with the original title are then booked for
This is also known as adverse possession and registration in favour of the buyer upon payment
occurs when one gains title to real property of statutory charges.
through occupation of land without opposition
for 12 years. It involves a court process and the 8. Registration of community land:
adverse possessor must prove that she/he actually Community land is to be registered in accordance
occupied the land continuously without interruption with Community Land Act, 2016 communities issued
for the above specified time. with certificate of reservation and later certificate
of title upon registration.
5. Settlement programmes:
This is when the government provides access to
land for squatters, persons displaced by natural
courses like floods, development projects,
conservation or internal conflicts by use of the
Land Settlement Fund administered by the Land
Settlement Fund Board of Trustees.

21
 METHODOLOGY 5. Survey of land
Several methods have been used in 6. Land valuation issues
developing this advisory report. The 7. Land adjudication
methods include: 8. Registration of community land
9. Land settlement issues
1. Aligning land issues to specific 10. Issues of informal settlements
thematic areas on the basis of the 11. Data and information management
following 14 themes selected by the 12. Issues that require research
team as they contribute towards 13. Institutional capacities and linkages
comprehensive registration of title in 14. Application of technology in land registration
land: 2. Purposive sampling of counties
1. Land use planning issues Due to limitation of resources to visit all 47
2. Land administration issues counties, purposive sampling was adopted for
3. Issues on natural resources counties with similar or unique characteristics
4. Land registration issues/land and use those visited to generalize for those with
registration units and land registries. similar circumstances.
The table below shows some of the counties Visited and the rationale for selecting the county.
S/NO COUNTY COUNTY HQ RATIONALE
1 TURKANA Lodwar Virgin area with little or no registration at all
2 ISIOLO Isiolo Community land registration
3 KWALE Kwale Mixture of all registration regimes
4 MOMBASA Mombasa Predominantly RTA and RLA
5 MERU Meru Issues of land consolidation
6 THARAKA/ NITHI Kathwana Land adjudication
7 NAROK Narok Possibility of community land registration/issues of Group Ranches
8 BARINGO Kabarnet Registration of community land
9 KISII Kisii Land fragmentation
10 NYAMIRA Nyamira Land fragmentation
11 UASIN GISHU Eldoret Large scale farms
12 TRANS NZOIA Kitale Settlement schemes
13 NAIROBI Nairobi City Issues of informal settlements and other tenures
14 SAMBURU Maralal Town Dominance of ranches
15 NYERI Nyeri Town Near 100% registration of titles and survey

22
 S/NO COUNTY COUNTY HQ RATIONALE
16 LAIKIPIA Nanyuki Town Convergence of 3-county boundaries
17 MARSABIT Marsabit Town Dominance of communal lands
18 LAMU Lamu Public land
19 TANA RIVER Hola Land adjudication
20 KILIFI Kilifi Land adjudication
21 NYANDARUA Nyahuru Old settlement schemes
22 KAKAMEGA Kakamega Forest settlement schemes
23 VIHIGA Mbale Land fragmentation
24 BUSIA Busia Land adjudication
25 HOMA BAY Homabay Land adjudication
26 KISUMU Kisumu Land adjudication
27 SIAYA Siaya Land adjudication
28 NAKURU Nakuru Forest settlements
29 KERICHO Kericjo 100% registration
30 NANDI Kapsabet Forest squatters
31 WEST POKOT Kapenguria Land adjudication
3.
Group discussions with county officials SCOPE OF THE EXERCISE
and land professionals at county level. The Geographic Scope
participants included the following officials and • The programmer will cover the entire national
professionals as will be seen in the annexed lists of territory of Kenya including all the 47 counties (the
participants per county urban areas, cities and rural areas).
• County Executive members(CECM)of various Subject Scope
counties visited The subject scope will include: review of methods
• Chief officers in charge of the land docket at the of acquisition of title to land outlined in section
county
• County physical planners seven of the allocation, land adjudication process,
• County surveyors compulsory acquisition, prescription, settlement
• Land adjudication and settlement officers at programmes, transmissions, long term leases
county and sub county levels and any other manner prescribed by an act of
• Land registrars parliament. To establish the status of titling in all
• Valuers the counties as well as the factors explaining the
• NLC County Coordinators prevailing situation. All systems of registration –
• Officers from NEMA both original and subsequent registration.
• County Commissioners/deputy county commissioners
23
 SITUATIONAL ANALYSIS The Crown Lands Ordinance No. 21 of 1902
3.1 Status of land registration in vested in the Commissioner of the Protectorate power
Kenya to sell freeholds in crown land within the protectorate
An appraisal land registration status to any purchaser in lots not exceeding 1,000 acres
in Kenya from pre-colonial to post (400hectares). Any empty land or any land vacated
independence by a native could be sold or rented to Europeans, and
PRE COLONIAL BEFORE 1895 land had to be developed or else forfeited
Traditional communities The Land Titles Ordinance (1908) was introduced
Before the advent of colonialism in into the country to address the shortcomings of the
Kenya, access to, and use of land was RDA.It was to deal with land registration at the coast.
governed by African traditional systems At the time the ten-mile Coastal strip was owned by
and land ownership was communal. the Sultan of Zanzibar but subject to the rights of the
inhabitants.
COLONIAL PERIOD 1895 TO 1963 The Crown Land Ordinance, 1915 was repealed
Land Reforms in Kenya since 1895 and replaced by the Crown Land Ordinance of 1915
Kenya became a British protectorate in that declared all land within the protectorate as Crown
1895 and Land was converted into Crown Land, whether or not such land was occupied by the
Land, and vested in the Commissioner in trust for the natives or reserved for native occupation. The effect
British Crown. Indigenous Africans were declared was that Africans became Tenants of the Crown, with
tenants-at-will of the Crown; they were dispossessed no more than temporary occupation rights to land.
of their land. 1901 Ordinance conferred on the The Registration of Titles Act, Cap 281 (RTA)
Commissioner of the Protectorate power to dispose was first passed as an ordinance in 1919 to Provide
of all public lands on such terms and conditions as he for the transfer of land by registration of titles. It was
might think fit the first to introduce a form of Title registration in
the country. It was based on the Torrens system of
The 1902 Crown Lands Ordinance was enacted registration
and it provided for an expanded concept of crown
lands than the 1901 Ordinance, as it conferred SWYNNERTON PLAN OF 1954
upon the protectorate Administrator’s enormous Colonial agricultural policy of 1954 whose aim was
powers with respect to what land they could lawfully to intensify the development of agricultural practice
dispose of within the protectorate.The Registration of by expanding native Kenya’s cash crop production
Documents Ordinance 1901was intended to create a through improved markets and infrastructure ,the
register of documents in order to prevent fraudulent distribution of appropriate inputs, and gradual
claims for compensation by squatters, mainly at the consolidation and enclosure of land holding. The plan
Coast, claiming to have been wrongly dispossessed recommended the native land to be surveyed and
by the Government. enclosed.

24
The recommendations were adopted by the East register in compliance with RLA. Secondly, it
African Royal Commission report of 1953-1955 formalized African land tenure system through
the processes of adjudication, consolidation and
Objectives of the swynnerton plan of 1954 Registration. It was also intended to register land
• A transformative agenda to integrate Africans owned by Africans in the native reserves which
into changing economy and create middle class had gone through adjudication and consolidation
to engage in economic production process. In essence it sought to extinguish
• Offering employment to the bulk of the landless customary tenure and replace it with individual
• Precursor of settlement for greater African and exclusive rights in land. The weakness of
participation individual title was that it resulted in subdivision
• Swynnerton Plan, which established a process of of small portions of land in various smaller
land adjudication, consolidation, and registration fragments with poor control and regulations
of adjudicated parcels of land in the names of from government. This gave opportunity to inter
those identified as owners. alia corrupt land dealings. The system failed to
• By this plan, land was registered in the names of correct the injustices of dispossessed land right
male heads of household, who then held rights owner’s claim to land due to the legal assumption
of use. The plan did not recognize the use-
that the registered occupants of the adjudicated,
rights of women whose husbands had died. The
registered and titled parcels of land were the
policy preferred by the Colonial Government was
true owners
one that promoted individual ownership, at the
expense of community or group ownership.
POST-INDEPENDENCE PERIOD
• The colonial policy on access to land took certain
Land (Group Representatives) Act, Cap 287
specific manifestations: the status of radical title-
This Act was repealed by the Community Land
change; indigenous inhabitants lost their claim to
Act, 2016 this law was passed with an aim to
all land; an agricultural economy, managed and
provide for the incorporation of representatives
controlled by the settlers, became dominant; and
of groups who had been recorded as owners of
new political structures emerged, founded upon
land under the Land Adjudication Act. It sought
ownership and control of land. The “landed
to address some of the challenges with the
gentry” were in control of the machinery of
Registered Land Act
Government; and this was the onset of persistent
Trust Land Act, Cap 288.
land problems in Kenya.
Trust lands had come about as a result of
• 2.4.1 The Registered Land Act, Cap. 300
the high level of landlessness and hopeless
The Act sought to unify the different systems of
squatter situation resulting from the Crowns
land registration in Kenya. That is, land Titles
Land Ordinance and the Government Land
privately held under Government Land Act, Land
Act towards 1930. The East African Royal
Title Act (LTA) and Registered Title Act (RTA)
Commission (1925) and the Carter Commission
were to be converted and transferred to new
(1933) had recommended the creation of Trust
25
 Lands exclusively for the use of Africans as far as Sessional Paper No 3 of 2009 on National
ownership was concerned, but the authority of Land Policy
use was still vested in the local authorities. In 2009, the Government of Kenya, through the
Land Consolidation Act, Cap. 283 was enacted Ministry of lands, developed a Sessional Paper No
to provide for the ascertainment of rights and 3 of 2009 on National Land Policy in an attempt
interests and for the consolidation of land in the to address the problem of multiplicity of laws on
former native lands; for registration of title to, land and title registration. The Policy pointed
and of transactions and devolutions affecting out that the existence of many statutes needed
such land and other land in the native lands. harmonization in order to ease the process of
The process of land adjudication is long and registration of land rights, facilitate easy and fast
cumbersome, and at times entails abandonment access to land registration information, enhance
of development on one’s land. efficiency, transparency and accountability in land
Land Adjudication Act, Cap. 284 registration.
This Act was enacted to provide for a system of
land adjudication of titles in the trust lands where POST-CONSTITUTION OF KENYA 2010 PERIOD
land consolidation was not necessary. 2.6.1 The Constitution of Kenya, 2010
The Land Acquisition Act, Cap 295 was enacted The Constitution of Kenya 2010 guarantees the
to make provision for the compulsory acquisition protection of the right to property. The State is
of land for the public benefit. Where land was prohibited from depriving a person of property
acquired compulsorily under the law, the Act of any description, or of any interest in, or right
required full compensation to be paid promptly over property of any description. Protection of
to all persons interested in the land. the right to property would then require that land
Redressing the Wrongs registration systems being efficient, transparent
In an attempt to address these problems, two and accountable to prevent fraud in land
Commissions of inquiry were set up by the registration.
Government. The first one, popularly known as Land Act, 2012
the Njonjo Commission (Commission of Inquiry In order to deal with substantive matters of
into Land Law Systems in Kenya on Principles of land law, the Land Act, 2012 was enacted and
a National Land Policy Framework, Constitutional it sought to consolidate Kenya’s substantive law,
Position of Land and New Institutional Framework earlier found in different pieces of legislation
for Land Administration,The second Commission namely the Indian Transfer of Property Act 1882,
was the Commission of Inquiry into the Illegal/ the Government Lands Act and the Registered
Irregular allocation of public land (June 2004) Land Act. It repealed the Wayleaves Act Cap 292
(Ndungu Commission) which was tasked with and the Land Acquisition Act Cap 295
examining in detail, the phenomenon of illegal Land Registration Act, 2012
and irregular allocation of public land in Kenya The Act seeks to revise, consolidate and
rationalize the registration of titles to land,

26
 to give effect to the principles and objects of parcel card showing details of size, ownership
devolved government in land registration, and for and encumbrances
connected purposes. It applies to the registration Overlap of Powers
of interests in public land as declared by Article It has been rightly argued that one of the greatest
62 of the Constitution; all private land as declared challenges to effective transition lies in the
in Article 64 of the Constitution and registration application of powers and functions vested in the
and recording of community interests in land. Commission under the National Land Commission
Land Information Systems Act and the Land Act against those vested in the
It is to be recalled that one of the challenges Cabinet Secretary
facing the former land registration regime was the Role of the Court/Conflicting provisions
multiplicity of registers that were uncoordinated. Land and Environmental Courts are special
Although the LRA contemplates a situation where courts which hear cases that relate to various
the land registers will be digitalized Electronic issues touching on environment and land,
land information system are designed to create, including property registration and planning.
analyze and publish land-based data such as The Environment and Land Court Act, 2011 was
parcel information, zoning, land use, ownership passed with the aim of giving effect to Article
and general property information. The system 162(2) (b) of the Constitution; to establish a
should comprise subsystems that support superior court to hear and determine disputes
all processes usually encountered in land relating to the environment and the use and
administration and management including but occupation of, and title to, land, and to make
not limited to guaranteeing land tenure rights, provision for its jurisdiction functions and powers,
documenting responsibilities, restrictions and and for connected purposes
risks, valuation and taxation, property registration Registration of Customary Land Rights
and land use regulation in relation to a particular The Njonjo Commission Report, in relation to land
parcel of land (plot). The current systems are ownership, recommended that where possible,
largely manual driven. There has been efforts communal titles to land held under customary
by the National and County Governments to law should be encouraged. Further, the Report
replace the manual systems with digital systems. also recommended that Coast land ownership
The Ministry in charge of lands is mandated to problems should be investigated and resolved in
develop a National Land Information System in accordance with traditional land practices.
collaboration with the National Land Commission.
Boundaries and Maps in the Land Reform LAND COMMISSIONS INTO LAND ISSUES
Programmes a) The Akiwumi Commission Report - 1998
The Registered Land Act, Cap 300 provided Observed that the acquisition of land in former
for the preparation of a registry index map in settler-owned areas, by Kenyans of different
which all pieces of land were to be shown and origins who purchased the same with Government
numbered. Each piece of land had to have a assistance, had been resisted by the indigenous

27
 people of the areas in question. Such animosities landlords in the coastal region and found they
formed the groundswell for political tensions and own an estimated 77,753.02 hectares, although
ethnic violence. comprehensive data is still being sought to
b) The Njonjo Commission Report establish the actual acreage controlled by this
The Commission recommended that public land category.
should be held and managed by the National Slums and Informal Settlements in Kenya
Land Authority, in trust for the Citizens so that The Kenya Government has grand plans for
the radical title to such land should vest in the informal settlements and slums. Already, slum-
National Land Authority. upgrading projects in Nairobi and other towns
c) The Ndungu Commission Report - 2003/2004 in Kenya are changing lives of the residents.
The Ndungu Report, 2004 identified about They have access to clean water electricity and
40 statutes that deal with land administration, have more space and thus a clean environment.
ownership and use that makes it difficult for many In Kibera, Nairobi, the first phase of the slum—
Kenyans to understand the substantive land law. upgrading project is complete and hundreds of
The Ngungu Commission recommended: families have since moved to their new homes.
• Comprehensive land title insurance scheme be This has paved way for the start of the phases
put in place; that will benefit more city residents.
• Government should prepare an inventory of all
public land in the country, and harmonize land NEW ERA CONSITUTION 2010 AND BEYOND
legislation, to prevent double issuance of titles; 3.5.1 The Constitution of Kenya, 2010
and • Created the National Land Commission (NLC);
• Formation of the National Land Commission, with • Classified land into three categories as:-
powers to allocate public land, and to supervise Public Land which is:
the management and allocation of trust land. • Land alienated by the Kenya Government, used
Irregular allocation of land or occupied by a State organ, which no individual
Ndungu Commission made an Inquiry into the or community ownership can be established,
Illegal/Irregular Allocation of Public allocation minerals and mineral oils, Government forests,
of public lands and lands reserved for public and game reserves.
purpose to private individuals and corporate • Other land in Kenya that fall into this category
entities, and provided recommendations to the are water catchment areas, national parks,
Government for the restoration of those lands Government animal sanctuaries, roads, rivers,
to their original purpose or other appropriate lakes and other water bodies, the territorial sea,
solutions. The National Land Policy has outlined the exclusive economic zone and the sea bed.
mechanisms of resolving the squatter problem at The continental shelf, land between the high
the Coast, and proposes to take an inventory of all and low water marks and any land not classified
government land within the 10-mile coastal strip. as private or community land also fall in this
The Ministry of Lands has also audited absentee category.
28
• In Kenya, public land is held in trust for the management of land for sustainability, prosperity
people by a county government and administered and posterity
on their behalf by the National Land Commission.
• Other pieces of land are held by the national NEW LAND LAWS AFTER PROMULGATION OF
government in trust for the people and THE CONSTITUTION
administered on their behalf by the National Land The Environment and Land Court Act, 2011
commission. This establishes a court of a similar jurisdiction
Private Land to the High Court which will have jurisdiction over
• Private Land in Kenya consists of land held by cases and disputes on matters relating to land
a person under freehold tenure and leasehold and environment. It repealed The Land Disputes
tenure Tribunals Act No. 18 of 1990.
Community Land The National Land Commission Act, 2012
Community land in Kenya is held by communities This law provides for the powers and functions
on the basis of ethnicity, culture or similar interest. of the National Land Commission established
Community land comprises land registered in the under Article 67 of the Constitution of Kenya
name of group representatives, transferred to 2010. It also provides for the qualifications and
a specific community and land held, managed procedures for the appointment of the chair
or used by communities as community forests, and members of the Land Commission. This Act
grazing areas or shrines. received Presidential assent on 27th April 2012
• Other pieces of land that fall under community with a commencement date of 2nd May 2012.
land are ancestral lands and those traditionally The Land Act, 2012
occupied by hunter – gatherer communities, held This provides the body of Kenya’s substantive
as trust land by the county governments law, earlier found scattered in different pieces
• Entrenched the principles of the land policy into of legislation like the Indian Transfer of Property
the Constitution; Act 1882, The Government Lands Act and the
• Fixed leasehold period at 99 years; Registered Land Act. It repeals the Way leaves
• Gave the state power to regulate use of land and Act Cap 292 and the Land Acquisition Act Cap
property and 295. The law has the effect of embodying Kenya’s
• Gave Parliament power to revise, consolidate and substantive law in one statute which makes easy
rationalize existing land laws. reference for scholars and practitioners. This Act
Land tenure in Kenya received presidential assent on 27th April 2012
The country is in the process of transiting from with a commencement date of 2nd May 2012.
the old land registration tenure of 999 years, The Land Registration Act, 2012
to a shorter one of 99 years, at a time when This law is the singular law to guide the
digitization and automation of land transactions registration of title to land in Kenya, earlier done
is also taking place to promote efficient under various statutes like the Land Titles Act

29
 Cap 282 earlier applicable to properties within community land. The Act came into effect from
the ten mile Coastal strip and the Registration 21st September, 2016.
of Titles Act Cap 281 earlier operated under National Spatial Plan
a Centralized Land Registry at Nairobi for The Ministry of Lands and Physical
properties surveyed under precise boundaries. It Planning launched the National Spatial Plan
also repealed the Registered Land Act Cap 300 on1stMarch2017; which is aimed at planning
which applied to most rural properties surveyed for every inch of land in the country to facilitate
under general boundaries and some few urban social justice and national cohesion. County
properties surveyed under the “fixed boundary” governments are also busy coming up with
provisions of the Act. This Land Registration Act county spatial plans.
also repealed the Indian Transfer of Property Act Land Use Guidelines
1882 and the Government Lands Act Cap 280. National Land Commission has developed land
The application of this law will result in a uniform use guidelines for use by county governments
land registration system and uniform registries and all citizens across board.
countrywide. This will ease land transactions Sessional Paper No.1 of 2017 on Land Use
and land development in the country. This Act Policy
received presidential assent on 27th April 2012 This provides legal administrative, institutional
with a commencement date of 2nd May 2012. and technological framework for optimal
The Land (Laws Amendment) Act, (2016) utilization and productivity of land and land
This law amended the Land Act, 2012, the related resources in a sustainable and desirable
National Land Commission Act 2012 and the manner at national, county and community levels.
Land Registration Act 2012 .This law changed Land Trusts
some mandates of the ministry of Lands and A land trust is a non-governmental organization
Physical Planning and those of the National (frequently a non-profit corporation) that divides
Land Commission such as Management and land rights between immediate users and their
administration of settlement programmes and community.
community land and anchored Historical land Large scale farms
injustices in the National Land Commission Act. The Government, however, encouraged Africans to
Community Land Act, 2016 get into large scale farming and set up institutions,
To resolve community land tenure issues, such as the Agricultural Finance Corporation
Parliament in 2016 enacted the Community Land (AFC) and the Agriculture Development
Act to give effect to Article 63(5) that provides Corporation (ADC) to assist the African Farmers
for the recognition, protection and registration in large scale farming strategies. The Kenyatta
of community land rights, management and government encouraged an agriculture, policy
administration land, to provide for the role of the whose basis was export as a source of economic
county government in relation to unregistered development, basically consolidating land as a

30
 primary source of economic development for large scale land deals. This has called for some
the young nation.Cooperatives were not new voluntary guidelines that County Governments or
as African smallholder farmers had fought for National Government may adopt to protect the
the formation of their own cooperatives in the interests of local people.
1950s. The first legislation on cooperatives in Unsustainable land utilization
Kenya was the Cooperatives Societies’ ordinance Comprehensive changes in land use and land
Act of 1931, which was reviewed in 1932 and planning, coupled with the increase in human
1945. population during the past three and a half
Voluntary guidelines for large scale decades, have resulted in an increase in the
acquisition of communal lands in Kenya demand for usable land and escalation in
The ownership and existence of communal land, competitive bids for residential land in and
variably known as pastoral or customary land, around the main urban areas. Increase in rural
is currently threatened by various development population has equally increased the demand
projects that are initiated in Kenya from year for agricultural use, resulting in encroachment
to year to provide basic infrastructure such as into forested areas, and riparian reserves. The
roads, dams, large-scale industries, commercial growth in the pastoral and livestock population
agriculture and power generation. These projects has increased the demand for grazing pastures,
require large tracts of land, which in many cases resulting in urban immigration by pastoralists and
are in the possession of whole villages, and which has also created serious soil erosion problems in
sometimes have to be displaced through large certain areas.
scale land acquisition (LSLA) in so as to give room Landlessness in Kenya
for project implementation. In order to avail land During the advent of colonialism, white settlers
for the purpose of public or national projects, hived off parts of the Kenyan highlands and
sometimes it is necessary for the government claimed exclusive ownership thus rendering
to purchase it compulsorily. However, not all Africans tenants-at-will in their own land thus
development projects are for public purpose; causing landlessness. Landlessness in Kenya is
some are commercial or quasi-public. Where estimated to affect some 10 per cent of the total
public purpose is concerned there are laws population by 1990, and is increasing by at least
dealing with compulsory acquisition may be used 1.5 per cent annually. Landlessness is thought to
to adequately deal with issues of compensation be the result of the privatization of land, absentee
and resettlement. On the other hand, large scale landownership, expulsion of squatters from large
acquisitions regarding commercial ventures such farms, forced land sales and widowhood or
as agricultural estates and mining is not regulated divorce. Strategies used by the landless are to
by any law and powerful international companies migrate away either to settlement schemes, large
backed by powerful local individuals may end farms, urban areas or, most importantly, semi-
up dispossessing local population through arid lands

31
 Squatters of land adjudication
Origin of squatting and the legitimization of this To comprehensively deal with the squatter
mode of living can be traced both to labour laws problem, Government
and land tenure systems in the 1920’s and also to • Should develop an inventory of genuine squatters
the Muslim Tenant at Will with respect to squatting and residents of slums;
at the coast. The squatter problem began in 1915 • Should remove those squatting on unsuitable
when the colonialists introduced Crown Lands land and resettle them elsewhere; and
Ordinance. This made them acquire legal security • Should enforce policy on sale and transfer of land
over land. As a result there developed unrest from meant for squatters which should be prohibited
the Africans and to solve the problem the colonial to safeguard the rights of the landless.
office appointed the Carter Land Commission, Non-citizens in Kenya and Land
which in its recommendations provided that • A non-citizen can only hold land on leasehold
native reserves be established which were to tenure, and the lease cannot exceed 99 years.
remain exclusively Africans and that there were Any land whose lease was beyond this – like
going to be no further encroachments. However, the 999 leaseholds held by some multinational
the Swynnerton Plan of 1954, established a companies or individuals will revert to 99-year
policy of individual ownership that recognized leaseholds
African ownership of their land through a process
SYNTHESIS OF REGISTRATION OF TITLES IN LAND IN KENYA TODAY
Prevailing circumstances of registration of titles in the country
Tabulated circumstances on 1st Registration of Title in Land in the 47-counties
Serial 1st Registration 1st Registration on-going & 1st Registration of titles
No. Accomplished at various stages (Through is yet to start (Except
adjudication process & where setting apart has
settlement programmes) taken place)
1 Mombasa Kwale Garissa
2 Nyandarua Kilifi Weir
3 Nery Tana River Mandera
4 Kirinyaga Lamu Isiolo
5 Muranga Taita-Taveta Turkana
6 Kiambu Marsabit -
7 Trans Nzoia Meru -
8 Uasin Gishu Tharaka Nithi -
9 Laikipia Kitui -

32
 Serial 1st Registration 1st Registration on-going & at 1st Registration of titles
No. Accomplished various stages is yet to start (Except
(Through adjudication process where setting apart has
& settlement programmes) taken place)
10 Nakuru Makueni -
11 Kericho West Pokot -
12 Bomet Samburu -
13 Kakamega Elgeyo-Marakwet -
14 Vihiga Baringo -
15 Bungoma Narok -
16 Kisii Busia -
17 Nyamira Kisumu -
18 Nairobi siaya -
19 - Kajiado Homa Bay -
20 - Nandi Migori -
21 - Machakos -
Source: Field Data Support the data

Source: Field Data & Analysis

33
 Note: of the counties have attained first registration
The counties of Garissa, Weir, Mandera, Isiolo and while 38% are at various stages of attaining
Turkana have not been gazetted as adjudication first registration through the land adjudication
areas by the Minister as per section 2(1) of the Land programmer and 11% are yet to commence the
Consolidation Act cap 283 or section 3(1) of the Land process leading to first registration
Adjudication Act Cap 284, however these counties • There is very little public land for allocation in
present a potential area where implementation of the various counties as the available public land
community land registration is foreseeable. for allocation is in most counties planned and
allocated except in the 11%of the country where
Great strides have since been made towards first first registration for titles has not started.
registration through adjudication and settlement. • The vast majority of Kenyans in the unregistered
Since 1963 to date with a total of 2,055 adjudication areas prefer registration of individual titles to
sections so far registered comprising of 3,185,211 registration of Community land. There is therefore
land parcels and 494 settlement schemes registered the need for the Ministry of Lands and Physical
with 288,183 families/households settled. In total over Planning National and the Land Commission to
4.06 billion titles have been registered countrywide urgently mount a campaign of civic education
covering an area of approximately 8,346,081.99 on the process of registration of community
hectares of land land especially in the 11% of the country yet to
experience first registration
In the resettlement of internally displaced persons • Many counties are yet to commence the process
(IDPs) and forest evictees a total of 9,571 persons of developing County Spatial Plans due to
and 7,107 forest evictee’s households have been limitation of funds and capacity to undertake
resettled. Details of government achievements in development of the Spatial Plans.
terms of land adjudication and settlement can be • There is urgent need for Parliament to speed
seen in appendix 1 of this report. up enactment of legislation on minimum and
maximum land sizes to guide developments
GENERAL FIELD OBSERVATIONS FROM THE especially in rural areas where first registration
COUNTIES VISITED/FINDINGS has been attained to curb further land
National Land Commission has undertaken a survey fragmentation especially in counties such as Kisii
of all counties to establish the levels of registration and Vihiga.
of titles and the requirements and has made the • There is urgent need for the National Land
following observations worth mentioning. Commission to finalize the register and mapping
• That counties are at various stages of registration of public land in the country as some counties
in terms of first registration and therefore seem not to be aware of the boundaries of public
require specific registration programmes land and community land especially in areas
targeting specific counties. Approximately 51% where first registration has not started.

34
• Many counties have no valuation rolls to guide county governments yet it impacts heavily on
land markets and therefore the need to develop registration of title in land. National government
them. should urgently review the survey act cap 299 to
• Sectional title registration is very minimal in the align it to the constitution
country being limited to Nairobi and a few urban • There is need to entrench and enforce planning
centers. Many towns are yet to realize sectional standards in all programmes involving registration
title registration. of title in land.
• With devolution every county is now desirous to • Project approach was suggested for
have the own land registries and some already implementation of all registration programmes so
have physical structures towards this effort .These as to involve all the stakeholders involved in land
counties include Turkana and Tana River. However registration programmes (surveyors, planners,
there is need to centralize all departments land adjudication and settlement officers, land
involved in the title registration process within valuation officers and land registrars especially
the county. The ministry of Lands and Physical in budgeting for the programmes.
planning is transforming land registries to make • It may be necessary to address historical land
them good for publicly accessibility and improve injustices in some categories of land allocations,
on storage and retrieval of land records. To settlement schemes in Coast to resolve issues of
date, the Ministry has completed Thika, Eldoret, land registration especially the injustices done
Bono, Isiolo and Kitale land registries. Meru and on the people through the crown land ordinance
Lamu are at an advanced stage. In addition, the of1915 and GLA Cap 280 that enabled the
Ministry has rehabilitated Kericho, Kwale, Nery, colonial government take away community land
Kajiado, Garissa, Mandera, Koibatek, Kisumu, at will from the Natives and commissioner of land
Kisii, Naivasha, Migori, Kiambu, Nakuru, Bomet abusing his powers to alienate trust land and
and Ugenya land registry render the people of coast squatters in their own
• Old registration regimes of Land Titles Act/GLA land.
(cap 282),Registration of Titles Act(cap 281) • All registration processes are still manual though
and Registered Land Act(CAP 300) are still there is an attempt to digitize the records in Both
operational despite them being repealed and Kwale and Mombasa land Registries. Therefore
replaced by the Land registration Act of 2012, the process of digitization of records should be
and the explanation from the land registrars is hastened.
that there are no rules and regulations in place. • The county government of Mombasa suggested
There should be transition to the new regime now biometric registration of squatters to cab the
that the rules and regulations to operationalize issue of “professional” squatters
the new land laws are in place.
• Counties are confused on the roles of surveyors
and the survey function between national and

35
 Challenges system with reference to: land use planning,
• The Main Challenges to registration include land adjudication, registration of community
budgetary constraints, land, land administration issues in general,
• Inadequate capacity especially in technical areas survey, land valuation, land registries, settlement
of survey and planning, There is need to enhance programmes including informal settlements,
staff capacities especially surveyors and land implementation of land information systems,
registrars who are few research and advocacy, documentation of natural
• Ethnic and clan differences in areas of community resources and protection of fragile ecosystems
land among the pastoralist communities among and building institutional capacities.
others. In terms of National Land Information Management
• Lack of comprehensive budget to carry out System (NLIMS), the Ministry has embarked
survey work has made surveyors in Mombasa on safeguarding and digitization of land paper
and Kwale to do block surveys causing delays in records at the Ministry Headquarters, Thika,
the registration process and occasioning many Mombasa, Kitale and Nakuru land registries.
land disputes especially in settlement schemes. Other achievements include; reviewed and re-
• Inadequate office space .In Kwale in particular, engineered processes and procedures, reviewed
officers are in a rented office space. Integrated Land Rent Information System and
capturing of all land rent data, modernizing the
RECOMMENDATIONS national Geodetic Framework by constructing zero
Training and Education order passive Kenya Reference Frame (KENREF)
In creating a land registration system, training pillars/stations. The Ministry has also modernized
and education are instrumental. ‘Specialists with the computer server room at the headquarters by
both formal training and practical experience are up-scaling digital access systems and improving
needed to maintain the system. cooling system and operationalized the Electronic
Public participation Records Management System (ERMS) to manage
Successful registration of title in land requires the digitized land records.
that there should be full public participation, the In terms of Special Economic Zones for Mombasa,
need for registration is demand driven, there Kisumu and Lamu, the Ministry has prepared
should be full government support especially in physical and land tenure profiles for the proposed
providing the requisite finances, recognizable Special Economic Zones in the country namely
property rights system and boundaries to enable Mombasa, Kisumu and Lamu. This will provide
demarcation to take place and qualified staff in basis for identification of suitable and available
all departments involved in registration. land, and guide the proposed development. In
Thematic areas addition, the Ministry has placed an embargo on
Focus should be put towards specific thematic allocation of public land, restriction on extension
areas during implementation of the registration of leases, subdivision and change of user.

36
 INTERNATIONAL PERSPECTIVES This is relevant to the Kenyan case where the
4.1Introduction Cabinet secretary is required to gazette counties
The global interest now in that system as land registration units as well as community
of registration of title should aim at land registration units. In instances where
combining the following: Security, land is acquired for public purpose projects/
Simplicity, Accuracy, Cheapness, programmes, such land has not been vested after
Expenditure, Suitability and Modern acquisition in the past hence the cases of former
techniques that involves the use of GIS owners claiming back land after compensation
tools for land registration, data storage, of other interested parties entering into and
information management, quick and acquiring such lands
easy data access, in addition to retrieval (ii)The Land Registry
of land data and updated information. The Land Registry in Ireland provides a more
In order to understand how to develop comprehensive and secure system where
a comprehensive programmer for property is registered in the Land Registry, and
registration of title in land, the team all relevant details concerning the property are
undertook a comparative study of a few recorded on Folios, which is maintained in the
countries that have so far developed Land Registry. Property registered in the Land
similar programmes such as Ireland,Ontario- Registry is commonly referred to as “Registered
Canada,Austria, Malaysia, Bermuda Nigeria and Property. The Land Registry maintains Land
Ghana in Africa and their relevance to the Kenyan Registry Maps and Folios in electronic form.
situation as outlined here below: The title shown on a Land Registry Folio is
4.2.1. Ireland guaranteed by the State, which is bound to
According to (Melvin Smyth) there are two indemnify any person who suffers loss as a result
systems for the registration of property of any mistake made by the Land Registrar. This
(I) Registration of deeds is a contemporary reference for the Kenyan case
The law in Ireland Makes registration compulsory which adopted the Torrens system of registration
where the land is sold and conveyed to or as practiced today.
vested in any person under the Land Purchase 4.2.2 Malaysia
Acts, or where land is acquired by a statutory According to (Jones, 2010) Malaysia adopted
authority. The Minister for Justice makes an the Torrens system of title registration and all
order designating a county or county borough properties have been titled.
as a compulsory registration area in certain Challenges in Malaysia:
circumstances. A system of voluntary registration • However, titling of communal land remains
for Deeds, affecting land gives priority to unresolved because the Malaysian government
unregistered Deeds in what is commonly referred has been reluctant to recognize collective title to
to as “Unregistered Property”. communal land occupied by indigenous groups.

37
 • In Peninsular Malaysia, the indigenous groups interests in land must apply to the Land Title
have been considered as tenants- at- will of the Registry Office to register. The harmonization
forest areas they occupy. However a number of of land laws relating to registration of title the
important court rulings in recent years have Land Registration Act, 2012 and the creation of
stipulated, on the basis of common law principles the titling Centre in Kenya compares well with the
and precedents from other commonwealth Bermuda case.
jurisdictions, that such groups have collective 4.2.4 Ghana
and secure land rights According to Kuntu-Mensah (2006), the
• These rulings provide a justification and basis Government of Ghana introduced a new land title
for the Kenyan case to secure comprehensive registration scheme by enacting a new law – The
registration of communal lands as enshrined in Land Title Registration Law in 1986 to address
the recently enacted Community Land Act ,2016 the persistent problem of insecurity in land
2.1.2.2Land Transactions in Malaysia: titles and uncertainty in land transactions since
• Subdivisions and land amalgamations of a land colonial times that was based on a system of
parcel can only take place after cadastral surveys deeds.In Ghana land title registration is managed
have been performed. by two institutions:
• Malaysia is at its final stages of computerizing 1. National Land Commission of Ghana secretariat
land registration system and processes. This based at Cantonment, and
compares well with the requirement of geo- 2. Land Title Registry from Victoriaborg.
refferncing in kenya and subsequent land trans 2.1.4.1 Review of the Registration System
actions after land registration.Kenya is moving in Ghana
towards digitization and computerization of A system of deeds registration has operated
land registries where certain land registries in Ghana for over a century, but it has failed to
such as Nairobi,Eldoret and Kitale are almost assure certainty and security because of:-
accomlished and efforts made by the Ministry of Design Defects.
Lands and Physical Planning in collaboration with The land tenure system was not reformed
the National Land Commission in implementing customary law tenancies and pledges, for
NLIMS. instance, would therefore simply be registered
4.2.3 Bermuda without reform of their nature and incidents.
The Department of Land Title and Registration 1. Implementation Defects
is responsible for registering land and property • Lack of high-caliber trained and skilled
ownership in Bermuda and provides accurate, administrators, lawyers, surveyors and other
accessible and comprehensive record about supporting staff.
land and property ownership and any interests • Lack of equipment particularly for accurate and
affecting land, Individuals, businesses or fast surveying, production of maps and plans,
organizations who become land owners or own and storage of information.

38
• Limited logistical support The two case studies provide useful lessons
2 Compartmentalization worth considering and applying as benchmarks
Departmental jealousy between Land Title for Kenya. Ontario was the first jurisdiction in
Registry from Victoriaborg, and the Lands the world to provide electronic registration and
Commission Secretariat from Cantonments – with secondly, because the Ontario Land Registry
no conscious effort at coordination, bickering and Offices currently operate successfully under two
lack of cooperation have characterized relations systems: the Registry system and the Land Titles
between the two institutions. system. This presents a study worth considering
Lessons learnt from Ghana observing that despite the dualism of the land
• Success in the mapping component of systematic system, Ontario successfully digitalized their
titling programmer does not necessarily translate registry.
into issuance of titles.
• The underlying land ownership and tenure 4.2.6 Nigeria
arrangements are key to successful land titling According to Muhammad Bashir Nuhu, Land
operations especially in urban locations. registration system in Nigeria involves three
• Technology should be used to bridge the gap principal systems of recording the rights/
between deeds registration and title registration ownership to land. These include: I. Private
to make conversion from deeds registration to conveyance ii.Registration of titles and iii.
title registration possible. Registration of Deed. The title is however
• Inconsistent records reflect the challenges of a description of a land parcels, details and
registration and what it will take to rectify Ghana’s description contain therein usually includes the
system offers the most practical approach to followings: description of location or boundary
the Kenyan case which should be panel beaten (for instance bearing and distances, survey
and tailored to suit our local circumstances. description, meters and bounds description,
The challenges to the registration of titles public land survey system reference, lot number
offers importance lessons in the design for in plotted subdivision coordinates etc). This
an appropriate Kenyan system.Effots made to compares well with the requirement to create
streamline the functions of the Ministry of Lands registration units and geo referencing envisaged
and Physical Planning through The Land Laws in the land registration act 2012.
Amendmend Act of 2016, are commendable.
4.2.8 Australia
4.2.5 Ontario-Canada Australian colonies introduced the Torrens
According to Sarah Chelimo Maina (2012) Ontario system between 1857. The Torrens title system
and Austria can be used as case studies as they was introduced first in South Australia by Sir
have enacted and applied legislation providing for Robert Richard Torrens, the Registrar-General of
a simple, secure and efficient registration regime. Deeds through the Real Property Act 1858. Later

39
 in Victoria under the Real Property Act of 1862, proprietor of Torrens land is said to have an
and in New South Wales on 1 January 1863, with indefeasible title. That means that only in very
the commencement of that colony’s own Real limited circumstances can his or her title be
Property Act of 1862. challenged. These challenges are established in
the legislation, and are subject to rules made by
The adoption of the Torrens title registry courts.
throughout the British Commonwealth, and its
legal context, where a deeds registration system 4.2.9 Austria
was used, have switched or are switching to the Austria has been used as it has successfully
more modern system of title registration. For implemented e-governance of its land
example, Hong Kong, one of the very last places administration infrastructure, and may thus
in the common law world to still maintain a deed offer useful lessons in digitizing the land registry
registration system, finally passed the Lands Title records in Kenya
Ordinance in 2004, which will see Hong Kong
shift to the Torrens title system. The law will be Lessons learnt from case study examples
gradually implemented over a period of twelve The object of registration of title is to provide a safe,
years. The Torrens title system was based on a simple and economic system of land ownership,
central registry of all the land in the jurisdictiondevelopment or transfer. Under a system of title
of South Australia, embodied in the Real Property registration the basic unit for registration is the land
Act 1886 (SA). parcel. Each land parcel is identified on a map that is
cross-referenced to the registers that list the name
All transfers of land are recorded in the register. of the owner, the nature of the tenure, and other
Most importantly, the owner of the land is ancillary information. The registers will reflect the
established by virtue of his name being recorded legal position on the ground, or any other relevant
in the government’s register. The Torrens information. The information on the registers is
title also records easements and the creation guaranteed by the state. This means that anyone can
and discharge of mortgages. The registered act upon the information in the title register on the
presumption that the information is correct.

40
 THE PROGRAMME FOR REGISTRATION 3. Dealings in Land More Expeditious,
OF TITLES IN LAND Reliable, and Inexpensive(improved
What is Comprehensive Programme conveyancing)
for Registration of Titles in Land? Property owners use legal experts to conduct
Comprehensive programmer for title searches and to establish ownership. The
registration of title in land is a costs are often considerable. A land registry not
systematically arranged land registration only makes extended searches of land rights
that provides information about the unnecessary, but also makes it possible to use
ownership of land and official recording simpler, standard forms of conveyance. A formal
of rights in land by the state. It provides land registry aids small rural landholders, who
details on the location of land, the limits often cannot bear the cost of professional
(boundaries) of the land, the extent conveyancing assistance.
(area) of the land and the details about 4. Stimulation of the Land Market
the ownership (title) i.e. the types of The necessity for a functioning land market will
ownership and the names of owner(s) of become increasingly apparent as the society is
each type. transformed into a market economy. A functioning
land market permits economies to use land more
WHY SHOULD KENYA INVEST IN COMPREHENSIVE appropriately, ease the eventual migration of
PROGRAMMER FOR REGISTRATION OF TITLE IN labor out of the agricultural sector, and generally
LAND? facilitate the establishment of efficient and
1. Greater Tenure Security consistent land policies.
Land registration provides a degree of certainty 5. Expeditious land registration and
and security to the owner as well as to others management
having rights in land. Increasing security of Because land is an important resource for every
individual property rights in land stimulates country and community, land administration is a
private investment and agricultural development very important function. It is almost self-evident
because the individual is more willing to make that to plan land development, one must know
long-term improvements. the basic facts concerning the land. Better land
2. Greater Access to Credit use is encouraged through planning regulations.
The registration of rights to land establishes Land records based on well-defined land parcels
those rights in the eyes of the law and provides are essential for all these purposes. Public
documentary evidence necessary to prove land administration in other areas is also enhanced by
rights. The holder of the land rights thereby a land registration system. Administrators need
becomes “creditworthy” and can pledge his land lists of land and the people occupying the land
rights as security for a loan. for many purposes, including statistics, censuses,
and elections. Public planning of all types will be

41
 greatly facilitated by maps and various data in the DESIGN OF THE PROGRAMME
land register. The Process of developing a comprehensive
6. Reduction in Land Litigation/Disputes programmer for registration of title in land,
A well-designed and efficiently operated land involves several steps including:
registration system can greatly reduce disputes 1. Investigating the current situation,
and litigation over land, resulting in better social 2. Analyzing existing problems,
relationships, less work for overworked courts, 3. Defining principal goals,
and less expenses for the individual. 4. Expressing and evaluating the benefits
7. Improved Basis for a Land Tax 5. Estimating the costs,
Establishing a land registration system will also 6. Implementing pilot studies,
create a better basis for land taxation.” A good 7. Choosing principal methods,
land registration system, based on maps and 8. And choosing priorities.
embodying the unique identification of each land
unit, provides the information necessary for a 1. Understanding the Current Situation
successful tax system. The first task is to investigate and understand
8. Fundamental to sustainable use of the the current situation. Initial investigation focuses
land resource primarily on three areas:
Registration of title in land is fundamental (1) Existing tenure forms and legal structure;
to sustainable use of the land resource as it (2) Existing land records and maps; and
ascertains the rights of ownership conferred (3) Available resources, both capital and human.
on individuals, groups of individuals and other Without a solid understanding of the current
entities under the various tenure systems. situation in these areas, it is difficult or impossible
9. To address the slow pace of land to assess needs or design a suitable title
registration(facilitate land reform) registration program
To address the slow pace of land registration as
pointed out in Sessional Paper No.3 on National 2. Identifying Problems
Land Policy that has been an impediment to After reaching an understanding of the current
investment. situation, one must evaluate the need for change.
10. Expeditious compensation and Evaluation of such a need includes consideration
execution of development projects of the following factors: insecurity of tenure, the
To enable the commission effectively carryout need for an equitable land tax, unavailability of
compensation on land acquired for national and banking credits, the importance of implementing
county projects. agrarian reforms, lack of a functioning land
market, and unavailability of an information base
to facilitate land use planning and administration.
The identification of problems is crucial to

42
 assessing the need for title registration, crucial to glean information necessary to improve
designing a suitable registration programmer, the programmer. The need for pilot studies to
and assessing the benefits that follow from the test and refine programmer and procedures will
implementation of such a programmer. almost always outweigh interests of urgency in
3. Defining Goals creating the land registration program.
Government must also define the principal goals
of the land registration Programme. Is the land 7 Priorities
registration programmer to be used simply as a It is necessary to decide whether the registration
legal record of land rights? Will it also serve the system is to cover the entire country or only
purposes of taxation and tax collection? Or will selected parts. Selection of priority area depends
the information base be organized in a way to on the problems the registration system is
serve additional purposes? intended to solve. If the primary goal is to solve
agricultural problems, rural areas with intensive,
4. Listing and Evaluating Benefits commercial farming might be considered first.
Government must also list and describe the If the primary goal is to facilitate an urban land
expected benefits. These benefits should be market, effort might be directed toward major
evaluated, both in general terms and, where cities. If the primary goal is to reduce disputes
possible, in monetary terms. then areas with high degrees of litigation or
unregulated squatting might be chosen first. In
5. Estimating Costs any case, it is wise to delay implementation in
Estimating costs can be as problematic as areas that pose difficult conditions with regard
evaluating benefits. There is likely to be little to such factors as land tenure or survey methods
or no experience with a land registration until the process is well established.
operation. Cost figures vary with institutional
organization, methods used, and market wages.
Costs attributed to survey and demarcation
are generally the greatest component of total
expenditures.

6. Pilot Studies
Some pilot studies should be implemented in the
field before a land registration programmer is
implemented nationwide. While pilot studies have
various objectives, they should be designed as
field tests of the planned registration programmer.
Careful and constant monitoring of the pilots is

43
 TABLE: SUMMARY OF THE DESIGN OF THE COMPREHENSIVE PROGRAMME

Item Activity Activities

1 Understanding the Current • Existing tenure forms and legal structure;
Situation • Existing land records and maps; and
• Resource capacity (both capital and human)
2 Identifying Problems/ The includes an evaluation of the following demands:
challenges (the need for • Access to banking credits
change) • Fluidity of land market (+ve & -ve)
• Lack of land tenure security
• Insufficient information database for land use planning
• Weak institutional capacities and awareness
• Poor natural resource management
3 Defining the Goal • To provide a comprehensive framework to guide the country
towards efficient, sustainable and equitable use of the land
resource.
4 Listing and evaluating • Fast track Tenure Security
the Benefits of the • Fast track Access to Credit
comprehensive program • Reduction in Land Litigation
• Minimizing and improving management of conflicts
• To facilitate an effective Land Taxation, Land Use, Valuation and
compensation
5 Cost Estimates vary based • Institutional/ organization
on the following • Costs attributed to survey and demarcation
• Market wages(labour costs)
• Monitoring and Oversight
• Scope and complexity of the work
6 Piloting Pilot programmes will be implemented in selected counties
depending on the prevalent characteristic as they should be
designed as field tests of the planned registration system.
7 Priorities It is necessary to decide whether the registration system is to
cover the entire country or only selected parts. Selection of priority
areas depends on the problems the registration system is intended
to solve.e.g tenure insecurity, community land registration

44
GUIDING PRINCIPLES TO COMPREHENSIVE inclusiveness, equality, human rights,
REGISTRATION OF TITLE IN LAND on-discrimination and protection of the
The following are the guiding principles in marginalized and
comprehensive programmer for registration of c) sustainable development
title in land: 3. Principle of devolution in the land sector
1. This principle is enshrined in the The principle of devolution especially schedule 4
constitution by Article (60) (1) as: outlines the land related functions that have been
a) Equitable access to land devolved that include county planning, land survey
b) Security of land rights and mapping, boundaries and fencing. Devolution
c) Sustainable and productive management of land is aimed at ensuring equity (mainly procedural
resources and distractive so that benefits accruing from
d) Transparent and cost effective administration of exploitation and development of land and land-
land resources benefit the people of Kenya. These
e) Sound conservation and protection of ecologically are clear provisions to embrace devolution
sensitive areas as a pivotal principle in the management and
f) Elimination of gender discrimination in law, administration of land, to bring about the desired
customs, and practices related to land and land reform envisaged under the Kenya Vision
property in land and 2030 Land Reform Sector Plan (2013-2017).
g) Encouragement of communities to settle land 4. The National Land Policy (2009) has the
disputes through recognized local communities following highlights:
initiatives consistent with this constitution • Radical title (ultimate ownership) shall be vested
2. National values and principles of in the people of Kenya collectively as a Nation, as
governance in article 10 of the Constitution communities and as individuals.
(1)The national values and principles of governance • Tenure rights shall be derived from that radical
in this Article bind all state organs, state officers title under specific laws.
and public officers and all persons whenever any • To secure community land Government shall
of them document and map existing forms of communal
(a) applies or interprets this constitution tenure, whether customary or contemporary,
(b) enacts, applies or interprets any law or rural or urban in consultation with the affected
(c) makes or implements public policy decisions groups.
(2) The national values and principles of governance • Government shall ensure that the alienation of
include- private rights to land takes into account legitimate
a) patriotism, national unity,sharindg and rights, such as the right of spouses and children.
devolution of power, the rule of law, democracy • To facilitate secure access to land and not
and participation of the people necessarily to grant full ownership rights to land
b) human dignity, equity, social justice, to every person.

45
 • For leasehold tenure Government shall ensure the various counties as the available public
that the duration of all leases does not exceed land for allocation is in most counties planned
99 years and allocate except in the 11%of the country
• Government shall identify, map and gazette where first registration for titles has not started (
critical wildlife migration and dispersal areas and However the ministry is supposed to confirm the
corridors in consultation with local communities number of titles that have been issued from the
and individual land owners. allocation of public land).
• Review the gazettement of forests and protected • In a situation where the defunct county councils
areas to ensure they are protected for their had allocated plots in the urban area but never
ecosystem values and not merely to physically forwarded the decision to the commissioner of
exclude human activities. lands for implementation and documentation.
• Identify and map all ecologically fragile Hence the ownership documents are very weak
ecosystems, water courses, wetlands as compared to those with titles and leases. The
5. The National Land Use Policy 2017 county governments should forward to NLC the
provides the following with regard to physical development plans together with the list
registration of title in land of allotees for regulation and completion by the
• Efficient and sustainable land use and process of allocation to enable issuance of lease
management documents for registration.
• Ecological sustainability • In The second scenario the county councils
• Integrity and adherence to the rule of law withdrew some of the allocations without
• Food security reference to the first Allottees on the pretext
• Access to land use information of rates non payments and allocated the plots
• Amicable resolution of land use conflicts elsewhere causing multiple allocations. National
• Equity, inclusivity and transparency in decision Land Commission to rectify the situation through
making ground verification with county governments
• Elimination of discrimination and respect for • The third scenario is where allocations were done
human rights in land use by the commissioner of lands on TOL Basis but
• Public benefit sharing it has never been converted to long term lease
• Order and harmony in land use despite the permanent developments on those
• Adoption of technology in land use management sites.NLC to rectify situation by issuing leases to
allottees
ISSUES TO BE CONSIDERED IN COMPREHENSIVE • The fourth scenario is in the Areas where the
REGISTRATION OF TITLE PER LAND CATEGORY commissioner of lands had allocated land to
BASED ON COUNTY OBSERVATIONS absentee land owners who turned out to be
5.1.1. Alienation/Allocation of public land speculators and never took up actual possession
• There is very little public land for allocation in of the land but are still awaiting to sell off the land.

46
 County Government to institute repossession Kenya Railways public schools and other agencies
• Fifth situation is in the areas where Allocated land are in the process of supplying data after the
with titles attracted squatters and the title owners intervention of Head of Public Service Mr. Kinyua.
cannot access the land despite the strength of However National Land Commission needs to
title as a prima facie evidence of ownership. fast ruck the creation of public land inventory
County government to consider regularization in collaboration with county governments and
and compensation where necessary government institutions Inventories are critical
• There are several allocation by the commissioner determinant for land registration. Lack of proper
of land which have never been accepted and data makes documenting land difficult. There is
have never been withdrawn and have never been need for constant updating of the information/
taken over on the ground. These are potentially maps. County governments should initiate
explosive areas because the owners cling on the establishment of land banks for investments
letters of allotments as the township documents even through purchase of land from private
without realizing that such offers are long individuals. Counties that have attempted this
expired. County government in collaboration with approach include Busia which claim to have
the National Land Commission to reallocate such. purchased 45 acres for investment, Kitale (land
• There is a lot of invasion of unallocated public for hospital LSF to consider setting apart aside
land, public utility land, riparian reserves, road funds for purchase of land for settlement of
reserves, power way leaves schools as well squatters and forest evictees and the Ministry of
as titled private land in the urban area where Lands and Physical Planning to reserve land for
occupants live hoping that one day they might investments. But the counties have no structured
be considered for allocation of the land. The policy or plans for setting aside land banking. This
squatters on such lands should be removed with is a consideration already being discussed by
consideration for alternative sites. At the face different counties eg Western Block Investments,
of the above various situations, it’s evident that at the level of COG.
there is a clear need for both regularization and 5.3.1. LAND ADJUDICATION
formalization of land ownership in several urban Adjudication programme started in the country
area in Kenya. around 1956 after the Swynerton plan of 1954.
Land adjudication was carried out sing the
PUBLIC LAND INVENTORIES land consolidation act cap283.So far counties
The Law envisages National Land Commission in the former central province and western
to be a repository of all maps and maintain an Kenya (except Busia), Kisii and Nyamira were
inventory of all public land. To this end National registered under this regime Great strides have
Land Commission has made some strides in since been made towards adjudication as a total
preparing inventory of all public land. So far the of 2,444,465 titles covering 6,532,104.1 million
Commission has received data from KWS, KFS, hectares had been issued as at 31st August

47
 2018. To date, adjudication work has been torn Tana River County except for Ngao area. The
completed in Central and Western Provinces with Government needs to speed up land adjudication
the exception of some sections in Busia county process in sections already declared so as
However, no adjudication has been done in the to meet the limitations of time outlined in the
former North Eastern Province and in the strife Community Land Act, 2016 affecting Cap 284.

Status of First registration from adjudication

48
The table below illustrates the total number of titles from adjudication exercise in the counties or sub counties
as at 31st August 2018.
COUNTY/SUB-COUNTY NO.OF PARCELS AREA IN Ha
Busia 42,955 131947.8
Bungoma 39,883 177,706
Kakamega 181,411 251,901.71
Kisii 93,890 209,322.55
Kisumu 222,791 116,365.21
Nyando 29,412 16,595.07
Bondo 24,069 18,250.67
Siaya 172,147 185,841.46
Migori 78,999 213,507.42
Kuria 4,413 45,581.39
Homa Bay 111,889 137,202.00
Rachuonyo 23,608 26,722.21
Suba 35,762 52,427.07
Muranga 104,465 144,723.00
Nery 50,298 87,877.18
Kirinyaga 29,367 86,744
Kiambu 60,992 93,441.90
Kericho 60,280 246,839.56
Nandi 37,577 145,962.62
Keiyo 30,632 49,443
Marakwet 17,459 52,943
Baringo 38,223 140,006.42
Koibatek 9,410 137.495.99
Narok 7,142 755790.82
Narok North 13,040 40,237.23
Narok South 149 117,726.58
Trans Mara 13,702 150,256.19
Kajiado 6,377 2,002,612.03

49
 COUNTY/SUB-COUNTY NO.OF PARCELS AREA IN Ha
West Pokot 19,185 232,789.32
Samburu 611 924,716.15
Laikipia 70 44,664
Embu 3,588 9,989.00
Mbeere 17,156 23,994.15
Meru 53,968 133,891.40
Imenti North 8,770 7,572.71
Meru North 37,268 26,727.33
Tigania East 27,713 9,995.33
Meru South 17,962 19,393.81
Tharaka Nithi 33,362 71,262.74
Tharaka 17,885 32,830.78
Machakos 164,529 291,576
Kibwezi 17,367 36,113.38
Makueni 94,272 325,363.50
Kitui 99,528 294,372.76
Mutumo 22,116 72,144
Kyuso 7,279 11,859.46
Mwingi 68,133 176,346.49
Marsabit 3,154 7,034.80
Taita 61,989 93,132.03
Taveta 15,107 12,682.39
Kwale 52,273 357,792.96
Kinango 5,982 7,656.86
Kilifi 43,111 211,222
Malindi 12,156 29,123
Tana River 589 1,235.27
Total 2,445,465 6,532104.1
SOURCE :MINISTRY OF LANDS AND PHYSICAL PLANNING

50
Pockets of unadjudicated areas within enjoyment of rights of use and access. Women,
counties gazetted as adjudication areas men, youth, minority, persons with disabilities
There are pockets of areas within some counties and marginalized groups have the right to equal
which were gazette as adjudication areas which treatment in all dealings in community land.
have not been declared adjudication sections A registered community shall not directly or
and their declaration may be barred by timeline indirectly discriminate against any member of the
limitations provided for in the transition clause in community on any ground including race, gender,
the community land Act, 2016.It is proposed that marital status, ethnic or social origin, colour, age,
the Community Land Act be amended to allow disability, religion or culture.
for the declaration of such areas and allow the For the avoidance of doubt, every man or woman
process of adjudication to be completed under the married to a member of the community shall gain
Land Adjudication Act cap 284 so that Community automatic membership of the community and
Land Act is applied to the five counties that have such membership shall subsist until the spouses
not been gazetted as adjudication areas which legally divorce and the woman remarries or the
are Turkana,Isiolo,Mandera,Wajir and Garissa. woman remarries after the death of a spouse.
Subject to Article 159 of the Constitution, the
COMMUNITY LAND REGISTRATION culture of each community shall be recognized in
The vast majority of Kenyans in the unregistered accordance with Article 11(1) of the Constitution
areas prefer registration of individual titles to in the exercise of community land rights.
registration of Community land. There is therefore Important details to be included in
the need for the National Land Commission and the comprehensive programmer for
the Ministry of Lands and Physical Planning to registration of title in land on community
urgently mount a campaign of civic education land which will also form the basis of
on the process of registration of community monitoring.
land especially in the 11% of the country yet 1. Identification and registration of communities.
to experience first registration. These include: 2. Formation of community land administration
Turkana, Isiolo, Mandera, Wajir and Garissa. committees.
Guiding principles for the adjudication of 3. Identification of community land registration units
community land 4. Inventory of community lands
Equality of all persons including— 5. Certificate of reservation
Equal treatment of applications for women and 6. Registration of community land
men; and non-discrimination of any person Documentation of community land.
on the basis of gender, disability, minority, • Survey (cadastral maps for registration)
culture or marital status. Every member of the • Register of community land
community has the right to equal benefit from • Name of registered community
community land. Equality includes full and equal • Register of members

51
 • User of the land. Since inception of the settlement programmer in the
• Inventory of all unregistered community land country, 494 settlement schemes registered with
• Special purpose areas. 288,183 families/households settled. 61 settlement
• Development plans/land use plans submitted to schemes (both conventional and squatter) have not
county Governments. been registered mostly in the Counties of Kwale,
• Record of lands converted to public land. Mombasa, Kilifi, Tana River and Lamu. There are
• Land set aside for public purpose. other settlement schemes established on gazzeted
• Land parcels given to members for exclusive use forest land such as Mochongoi and Mautuma that
• Land parcels surrendered back by members require such lands to be carved from forests through
• Grazing plans for pastoral communities degazettement to pave way for registration.
• Certificate of title as conclusive evidence of There is need for an inventory of squatters across
proprietorship the country and other needy cases for settlement
All unresolved group ranches across the country purposes for effective planning and management
should transit to community lands and the ministry of settlement programmes. There is also need to
should prepare a program to effect the transition to set aside fund for purchase of land for settlement
community land. purpose.

SETTLEMENT PROGRAMMES INFORMAL SETTLEMENTS

Section 134(1) of the Land Act, 2012 places the Squatters and Landlessness
administration of settlement programmes under Landlessness in Kenya is estimated to affect some
the National Government to provide access to 10 per cent of the total population by 1990, and
land for shelter and livelihood.” and the Board of is increasing by at least 1.5 per cent annually.
Trustees is to provide access to land for; Landlessness is thought to be the result of the
i. squatters; privatization of land, absentee landownership,
ii. to displaced persons; expulsion of squatters from large farms, forced
iii. for development projects; land sales and widowhood or divorce. Strategies
iv. for conservation; or used by the landless are to migrate away either
v. such other causes that may lead to to settlement schemes, large farms, urban
vi. movement and displacement of areas or, most importantly, semi-arid lands. The
vii. persons; Kenya Government has grand plans for informal
(b) Purchase private land for settlement settlements and slums. Already, slum-upgrading
programmes; projects in Nairobi and other towns in Kenya are
(c) Coordinate the provision of shelter and a changing lives of the residents. They have access
livelihood to persons in need of settlement to clean water electricity and have more space
programmes; and thus a clean environment.

52
53
 In Kibera, Nairobi, the first phase of the slum— research findings shared with Ministry of LANDS
upgrading project is complete and hundreds of and Physical planning
families have since moved to their new homes. This Large Scale Land Holdings
has paved way for the start of the phases that will The Government, however, encouraged Africans to
benefit more city residents. get into large scale farming and set up institutions,
Access to and ownership of land and forests: such as the Agricultural Finance Corporation
Security of land tenure was the loudest clarion (AFC) and the Agriculture Development
call from Indigenous Forest Peoples participating Corporation (ADC) to assist the African Farmers
in the Colloquium. Communities asserted that, in large scale farming strategies. The Kenyatta
for any dialogue between IFPs and government government encouraged an agriculture, policy
to be meaningful, it must confront and address whose basis was export as a source of economic
issues related to historical and prevailing land development, basically consolidating land as a
injustices experienced by IFPs. The communities primary source of economic development for
asserted that forceful evictions, displacement the young nation. Cooperatives were not new
and dispossession of IFPs ancestral land must be as African smallholder farmers had fought for
declared a thing of the past, and most important, the formation of their own cooperatives in the
the underlying historical land injustices, especially 1950s. The first legislation on cooperatives in
recognition of customary tenure ought to be dealt Kenya was the Cooperatives Societies’ ordinance
with once and for all. Where issues of concern Act of 1931, which was reviewed in 1932 and
relate to incomplete or lack of access to relevant 1945.
land demarcation records and documentation
such as maps and titles, this should be availed by RESETTLEMENT OF INTERNALLY DISPLACED
the relevant state department and agencies PERSONS (IDPS) AND FOREST EVICTEES
Absentee Landlordism On 4th January, 2013 the “Prevention, Protection
The Ministry of Lands has also audited absentee and Assistance to Internally Displaced Persons and
landlords in the coastal region and found they Affected Communities Act, 2012” became effective
own an estimated 77,753.02 hectares, although on 28th January, 2013. This rendered the previous
comprehensive data is still being sought to National Humanitarian Fund Board (NHFB), which
establish the actual acreage controlled by this was handling the resettlement programmer dissolved.
category. The government should inventories the The president appointed the Chairman of the National
cases and initiate negotiations with the owners Consultative Coordination Committee (NCCC) on 19th
with aim of acquiring the land for settlement of February, 2013. The Committee took over from the
squatters NHFB and is mandated to handle all issues pertaining
Maximum/Minimum Acreage to Internal Displacement as per the above IDP Act of
Carry out research and fastruck enactment of 2012. As from this financial year, the Committee was
the legislation Research done by NLC, ISK and moved from the Ministry of Devolution and Planning

54
to the Ministry of Interior and Coordination of The balance of IDPs was increased to 969 to include
National Government, State Department for Interior. 537 who had been proposed to be resettled at Rose
The number of Internally Displaced Persons to be farm but never materialized and 31 who were in
resettled was 9,571 while that of forest evictees was excess at Ndonga farm. The number of the remaining
7,107 households. forest evictees also rose to 6,983 to include 1,000
A total of 177 farms measuring 19,228 acres were Kipkurere evictees. These remaining IDPs and forest
purchased for the resettlement of IDPs whereas evictees were given cash in lieu of government
twelve (12) farms which measure 4,741 acres were purchased land.
purchased for the resettlement of forest evictee Farms with unresolved issues
Turkana IDPs were resettled on land measuring The four farms whose issues are yet to be resolved
1,404 acres donated by the former Turkana County are: L.R. No. 8679/1, 8671, 8674 – Three Thirty
Council and Lodwar Municipal Council. Investment (Rose Farm) - 2,264 Acres; L.R.
The role of the Ministry of Lands and Physical 9216, Njoro - Kisima Farm; L.R. 6507-Ndonga
Planning in the resettlement programmer was to farm – Subukia and L.R. No. 5605/3- Muhu
purchase land that had been identified as agricultural Holdings – Nyandarua County
suitable while the former Ministry of State for Special
was the custodian of the profiled IDPs and forest LAND SURVEYING
evictees. Land surveying is the backbone of Land registration
in Kenya and anywhere in the world. The Sessional
Shift of Government policy on land purchase paper 3 of 2009 on Land Policy recognize processes
In August, 2013 the government issued an of land surveying and mapping as integral to an
Executive Order that land purchase for the efficient land administration and management
resettlement exercise be stopped forthwith and system. In addition to preparing the maps and plans
cash payment programmer be adopted. to support land registration, they map the earth
for land use planning. These processes have been
Summary of IDPs and forest evictees’ resettlement is hampered by slow, cumbersome and out dated modes
tabulated hereunder as at August, 2013. of operation, and failure to regulate non-title surveys.
In Kenya Land surveying is governed by Surveys Act
Target Total No. of No. Balances cap 299 of Laws of Kenya. The Survey Act was first
group households resettled established in 1923.
IDPs 6,978 6,565 413 Survey Act Cap 299 is not in conformity to
the new constitution.
Turkana 2,593 2,593 Nil
Several statutes were repealed in 2012 in
IDPs
response to the 2010 constitution of Kenya as
Forest 7,107 1,124 5,983
mentioned earlier in this document. Highlights of
evictees
the changes brought by the new Land Acts

55
 • To have one registration system and one Land must be adequately equipped. The current
Registry situation depicts a very sad situation in this front.
• Titles to be called certificates of lease or Most survey department at the county level have
certificates of title no survey equipment. The few that are lucky have
• Three categories of land were created public outdated equipment which are not capable of
land, community land and private land driving the land titling agenda/targets.
• New laws have been introduced dealing with RECOMMENDATION
ownership of land by non -Kenyan citizens. Equip all devolved departments of survey with
• Consent of spouse to certain transactions is a modern Survey equipment such Total Stations, GNSS
key change. GPS receiver and computers with relevant software
• Land and Environment Court (AutoCAD, ArcGIS, MapInfo etc).
• Several changes have been brought to laws on
leases and the laws on charges. Inadequate survey controls to facilitate
• National Land Commission has been formed geo-referencing especially in adjudication
Land surveying is devolved under schedule 4 of areas.
current constitution of Kenya. However the Survey Act Horizontal and vertical control are developed to
cap 299 is still intact. The survey Act still recognizes create a framework around which other surveys
the National Director of Surveys as the Authority in- can be adjusted. These control surveys are used
charge of Surveying in the country. This has caused a for accurate mapping projects in the cadastral
lot of confusion as most county governments’ attempt surveying, construction of underground utility
to take over the Survey Function has been futile. This systems, roadways, power lines, tunnels, and
has affected land registration adversely.. many other high precision projects. This is the
basis of modern surveying and georeferencing.
RECOMMENDATION Establishment of Kenya primary, secondary
Fast track review of the Survey Act. The Survey Act and lower order triangulation
has been under review for the last four years and it’s The Directorate of overseas surveys was the
still not clear when the review will be concluded. All arm of the British Government through which
stakeholders should come together and hasten the Britain provided survey and mapping services
process within Six Months. The review must be done in overseas countries. Originally the Survey
in good faith and as per the constitution. Department was known as the Directorate of
Colonial Surveys (DCS) but as British colonies
Government institutions responsible for attained independence the name was changed
Survey lack modern survey equipment to DOS. The DOS began operations in Kenya at
especially at the county level. around 1950. The DOS established the present
For the country government to achieve its target Kenya primary, secondary and lower order
on the registration of titles, survey departments triangulation and also observed traverses. The

56
 DOS have also mapped this country from 1950 (a) The existence of different co-ordinate systems
until their departure at the end of 1983. The this has caused the need for regular co-ordinate
D.O.S. used U.T.M. as the system of co-ordinates conversion especially from Cassini to U.T.M.
and Clarke 1880 as the reference ellipsoid. The system of co-ordinates.
geodetic control Diagram covering points in East (b) Pillars located in hills have been difficult to
Africa and the SK81F show the extent of the access and many have been destroyed. The
present controls. Network density is also low.
Datum used in Kenya (c) Lack of suitable points to base the transformation
The 30th meridian arc datum is a chain of especially from Cassini to UTM.
geodetic triangulation running almost parallel (d) Lack of information or data of previous work.
to the 30th meridian east from Port Elizabeth in The records of survey work carried out before
South Africa to Cairo in Egypt. During 1950 the 1950 are not readily available.
DOS computed part of this chain up to Uganda (e) Height data has been found not consistent
having held fixed some points in Zimbabwe which having been derived from different datums.
had been computed from South Africa. By holding (f) Equipment used earlier had lower level of
the arc results fixed up to Uganda, the rest of precision and the network is generally weak.
East African triangulation chains were adjusted. (g) Hydrographic Charts are not fully developed
Their results were then being dependent on the due to lack of controls near the Indian Ocean,
arc results of 1950, referred to as originating and around the lakes.
from’ 1950 Arc Datum’. Any re-adjustment of (h) Points established by space techniques are
the arc means that all the triangulation chains relatively few.
depending on it would have to be re-adjusted. (i) Re-establishment of destroyed pillars has not
By 1960 this arc had been revised and the East been carried out fully due to high
African triangulation chains were accordingly re- Cost of classical triangulation method.
adjusted. The new values were then designated Because of this, the cost of Survey in remote
as originating from “1960 Arc Datum. The current areas is very expensive because one must
geodetic network in Kenya is based on the 1960 establish new control points from and tie them to
Arc Datum. The coordinates is in U.T.M. the national system which in many cases require a
Coordinates used in Kenya rigorous process due to long distances involved.
• The cassini-soldner co-ordinate system Recommendation
• The East African war system • Densify Primary controls within counties
• The U.T.M. co-ordinate system • Encourage use of GNSS GPS
Problems experienced with the current • Establish Continuous Operating Reference Station
geodetic Network (Controls) (CORS) network all over the country
The main problems that have been identified with
the current network include:-

57
 Inadequate qualified surveyors leading to the process of conveying real coordinates to the
proliferation of brokers and quacks. spatial data. It assigns coordinates to the pixels
There are currently less than 100 licensed of raster images. Common frames and coordinate
surveyors in Kenya against a population of 40 systems are developed to define the positions
Million. This has caused a huge gap thereby within the information. Collecting coordinates with
giving rise to quacks and brokers in the survey a GPS device for few easily identifiable features
field. in the image. To geo-reference something means
Recommendation to define its existence in physical space. That
• Establish Survey Directorate in each county and is, establishing its location in terms of map
hire qualified surveyors –Registered surveyors in projections or coordinate system.
each county. Importance of Geo-referencing in Land
• Train more surveyors in response to the ever registration
increasing demands. Very essential information may be contained in
Lack of guidelines on geo-referencing data or images that were produced at a different
Section 15 (2) of Land Registration Act requires point of time. It may be desired either to combine
that all parcel boundaries maps shall be geo- or compare this data with that currently available.
referenced and surveyed to such standards as to The latter can be used to analyze the changes in
ensure compatibility with other documents under the features under study over a period of time.
the Act or any other law. Major part of the county It’s an important predictor of future trends. Will
has been surveyed under what is commonly help identify livelihood needs and planning. It will
referred to us general boundary surveys due cure problems of double allocations.
to low accuracy requirements/standards. The I. It make it easier to solve boundary dispute at any
method was adopted to enhance adjudication of given time.
native reserves. It was meant to last for a few II. Different maps may use different projection
years but the method is still actively in place. systems. Geo-referencing tools contain methods
There have been confusion and boundary to combine and overlay these maps with minimum
disputes due to the method. It has also led to distortion.
delays in adjudication as it take time to revise/ III. Using geo-referencing methods, data obtained
amend maps. Discrepancy in title land acreage from surveying tools like total station may be
and actual ground situation. The geo-referencing given a point of reference from topographic
provide a solution to all these but implementation maps already available.
of the Section 15 (2) is yet to commence. Geo- Recommendation
referencing is the process of assigning real-world Various geo-referencing (AG) tools are currently
coordinates to each pixel of the raster. Many times available. But little is known about the quality
these coordinates are obtained by doing field of each tool. The Authority in-charge of survey
surveys. Geo referencing can be understood as must prioritize development of geo-reference

58
 guidelines. So far, a taskforce has been formed and a dozen of handheld GPS.
to come up with guidelines on geo-referencing. R.I.M amendment is still centralized in some
Poor Implementation of the laws in devolved few regional offices.
Land governance. R.I.M amendment is still centralized in some few
Lack of clarity on the roles of county and National regional offices. The regional offices are based
government. For example it’s still not clear what at the former provincial headquarter. One must
survey works fall under county government make several trips to the regional office for
jurisdictions. The national government still amendment of their R.I.M despite the distance
perform all land titling surveys while the county between Home County and the amendment office.
government are laying claim on survey (as a For example, one must travel from Nanyuki to
devolved function). There are two survey offices Nakuru for amendment of a map. It sometimes
in each county running parallel survey services. take at least one year to amend a simple sub-
One under county government and the other division.
under national government. This is causing a lot Recommendation
of confusion on the ground hence slowing the Decentralize R.I.M amendments to all regional
survey services. offices and fast track repeal of survey Act.
Recommendation Digitize the RIM and automate amendment of the
There is urgent need to review the Survey act R.I.M.
and regulations to conform to devolution as per
the constitution. COMPULSORY ACQUISITION
Inadequate funding-Survey is an expensive To undertake its mandate for compulsory
excise acquisition under Section 107 of the Land Act
Land Surveying is a technology based exercise 2012, the National Land Commission require the
which require sophisticated equipment. Each following preliminary information and documents
Survey equipment comes at a relatively higher to be provided by an acquiring body upon request
cost. Further, major part of the exercise is before the land acquisition or easement can be
field based which required resources (human, procured.
machinery and Funding). The current position on 1. Section 107(1) of the Land Act 2012 requires
the ground depict a worrying situation because the acquiring body to obtain prior approval from
the Survey activities are poorly funded. their respective Cabinet Secretary or the County
Recommendation CEC in charge of Lands before the Commission
The government must provide responsive budget commences the acquisition process.
for survey activities. Enhanced funding for Survey 2. Cadastral drawings (Survey Map) showing how
activities at County and National government. the infrastructure excises each land parcel, the
Each county should purchase at least two sets parcel list table detailing land parcel numbers,
of Survey Total Station, One set of Geodetic GPS total area of land parcels and acreage affected

59
 by the infrastructure for each parcel. These restricted for more than 40 years.
drawings shall be submitted to the Commission Recommendation
for scrutiny and records. Compulsory acquisition is not complete until
3. Provide a listing for parcel numbers indicating final survey and vesting is done. The institution
the plot reference number, registered owner mandated to do final survey and vesting (NLC)
and affected acreage column in acres (for easy DIGITIZATION/COMPUTERIZATION
appreciation by project affected persons). This Computerization is implementation and usage
should be submitted in both soft and hard copy. of computing devices (machines) to perform
4. Official searches of affected land parcels. The the complex operations on behalf of human
Commission shall assist where necessary. beings. Digitalization is converting all tangible/
5. Acknowledgement on availability of funds to real items like money (cash), books, receipts,
allow prompt compensation as provided in etc. to intangible/virtual yet meaningful content
the Constitution. The Commission will request that can be integrated with today’s computerized
the entities to remit compensation money into world. For example, land registry records,
the Land Compensation Fund (Section 153 of correspondence files, etc are the results of
the Land Act 2012) to be administered by the digitalization.
Commission. This is in the purview that in previous Under principles of land policy the Constitution of
acquisitions, the compensation payments were Kenya, in Article 60, identifies security of land
delayed as opposed to the promptness required rights as a key principle. The ICT Act, in section
by the Law. 84 (c), prescribes measures for tampering with
6. If necessary the applicant will take the Land official information in electronic form(s). The
Acquisition Committee members on a site tour for Land Act, in section 4 (2) (b), officials working
general appreciation of the project in respective in the Commission and Ministry are expected
locations that will be affected. This will enable to display a number of values among which is
informed decision making. security of land rights. The ICT Act in a number
7. A final survey for vesting of the acquired land to of sections (83U, 83V, 83W, and 83 X, 83Y, 83Z,
the National or County Government will have to be 84A, 84B and 84F) prescribes measures for
done by NLC but the cost borne by the acquiring unauthorized access to protect systems. The
body. Land Registration Act requires that the all forms
The Commission has been undertaking no. 1 up to of documents should be kept secure, accessible
no. 6. They have not been securing government and in a reliable format
interest beyond restricting titles of the plots that Electronic land information management systems
have been acquired. The restriction is done even are designed to create, analyze and publish
for the parcels that are partially affected thereby land-based data such as parcel information,
denying the plots owners’ opportunity to utilize zoning, land use, ownership and general
the remainder of their plot. Some titles have been property information. The system should

60
 comprise subsystems that support all processes an integrated E-registration system and a robust
usually encountered in land administration data Centre and Disaster Recovery site that
and management including but not limited to will help in sharing and securing land data and
guaranteeing land tenure rights, documenting information.
responsibilities, restrictions and risks, valuation Some of the processes to be digitize/
and taxation, property registration and land use computerize include but not limited to;
regulation in relation to a particular parcel of land a) Renewal of lease
(plot). The key to automation and modernization b) Automation of the titling process
of systems in registration is People, Processes, c) Automation of land acquisition process
Legal Compliance and Technology. d) Issuance of Allotment Letters
E-Registration therefore is a process where e) File Movement Tracking System
documents are processed in electronic Benefits of land e-registration
format and stored in an electronic register. • The usual resource challenges at registrar offices
E-Registration processes and procedures hence are reduced drastically, allowing them to tend to
need to be digitized and computerized so as to more sensitive matters like disputes.
reduce corruption, brokerage, reduce double • Citizens pays a relatively affordable registration
allocation and improve efficiency. It will simplified amount.
the process of providing evidence of titles and • There is no need to visit multiple offices to
facilitating transactions and will go a long way register a property.
in preventing the unlawful disposal of land. The • Details and documents pertaining to land records
current systems are largely manual driven. There can be accessed online.
has been efforts by the National and County • Transparency in the registration process
Governments to replace the manual systems increases significantly, thereby, rationalizing
with digital systems. The Ministry in charge of broker fees and negating the need for bribes to
lands is mandated to develop a National Land officials.
Information Management System in collaboration • Electronic land registration system will be able
with the National Land Commission. The counties to calculate the stamp duty on the basis of the
that have put effort to digitize/computerize are; stored data which can be paid online directly.
Transnzoia, Uasin Gishu, Nery Narok, Baringo,
KENYA NATIONAL SPATIAL DATA
and Turkana – they have started the process of
INFRASTRUCTURE
setting up GIS labs. Narok, Turkana and Baringo
Kenya National Spatial Data Infrastructure (KNSDI) is
for instance were supported by UN Habitat.
a framework comprising of technologies, policies, and
Groots Kenya has set up its own unique system
institutional arrangements. These components are
which could be linked to national platforms. The
considered as the building blocks of the Spatial Data
National Government and County governments in
Infrastructure (SDI) and they together facilitate the
liaison with landed stakeholders should develop
creation, exchange standards, and use of geospatial
61
 data and related information resources across an title to land
information sharing community. KNSDI is expected to The main objects of land title registration
feed LIMS with metadata information. Spatial datasets program are (i) protect property rights, (ii)
in Kenya are produced by different organizations facilitate transactions in land, and (iii) enable
including the government ministries but there is no land to be used as collateral for a loan and
systematic way of access and sharing. This challenge facilitate productivity. These three objectives can
is expected to be addressed by an operational KNSDI. inform the basis for research on land registration
SDI provides a basis for spatial data discovery, throughout Kenya. For instance, a system of land
evaluation, and application for all users and providers title registration:
with all levels of national governments, NGO’s, (a) Identifies each individual land parcel,
academia and civil societies. The NSDI of a nation (b) Provides confirmation by the state that the
can be used for; network survey of coordinates, person named in the register has specified
waterways, transportation networks (road and property rights in that parcel.
railway networks), electricity supply, communication (c) Should be simple, reliable, prompt, affordable
facilities, farming activities, fishing, forestry, tourism, and well suited to the society it serves.
communities to be displaced, and planning of services. The experience of a number of countries shows
It is used for handling infrastructure development, that attempts to introduce a land title registration
economic planning, environmental conservation and system will be unsuccessful unless that system is
monitoring, climate change, design and deliver of supported by appropriate legislation and institutions,
public services, and a variety of other challenges and unless there are sufficient financial and human
facing society. resources for its implementation and maintenance. A
The National Government should play a major role uniform, integrated system of land title registration
by providing and increasing financial assistance to confers many benefits. For the individual it offers
Kenya NSDI. This can be achieved through increased security of tenure, a reduced likelihood of ownership
annual budgetary allocations. It will also be important or boundary disputes, simpler and less costly land
to initiate other alternative funding sources like cost transactions, greater access to credit, and increased
recovery and enterprise/ private sector funding market value. For a government administration it
mechanisms including donor funding; Partnership represents a major component of a land information
amongst institutions of KNSDI should be encouraged system, assists land use planning and development,
and focus on the improvement of technology services improves the land market, stimulates investment,
like download, view, discover and transform services and creates a basis for land taxation. For Kenya it
together with connectivity. Once the KNSDI is in place, can help to promote the peaceful, orderly and wise
it will support the LIMS and consequently the land utilization of the national land resources. To conduct
registration. and facilitate research in many of the above areas is
RESEARCH: critical to the success of the program.
The centrality of research to registration of

62
 IMPEMENTATION, MONITORING registration should not be employed to create
AND EVALUATION interests, but to record and confirm existing
ESSENTIAL CONDITIONS FOR interests and definable future interests. Physical
SUCCESSFUL IMPLEMENTATION OF demarcation of boundaries by hedges, fences,
THE PROGRAMME dikes, etc. can greatly assist the process and
a. Landowners and others reduce the costs.”
must generally understand and d. Qualified survey and registry staff must
support the programmer /public be available
participation In creating a land registration system, training
The demand for land registration should and education are instrumental. Compilation
be generated from within and outsiders and maintenance of a land registration system
should not impose the system on a depends heavily on competent staff. Although
reluctant landholding community. To education and training can fulfill a significant
this extent, it is important to assess portion of this need, an existing core of qualified
user needs before designing the land professionals is vital to begin the process and
registration system. Public education to assist in the training effort. Specialists with
about land registration both facilitates both formal training and practical experience are
and supports an understanding of the system. needed to maintain the system

b. Government must appreciate the expense e. A developed system of property rights

and duration of the operation must exist
Land registration is essentially a long-term Before land registration can be successful, there
investment; therefore, policy makers must must be a developed system of property rights.
understand that there are few immediate benefits. Land registration systems register legal rights in
Although the government’s costs are reduced land. If such rights are ambiguous, non-existent,
after the initial compilation stage, subsequent or poorly defined by law, registration of those
maintenance of the register is a permanent rights is likely to be an expensive and wasteful
commitment. exercise. Initial efforts must focus on defining
property rights, perhaps in a comprehensive land
c. Property rights and property boundaries law.
must be clearly recognizable and definable
Property rights vested in claimants and the
boundaries delimiting the extent of their holdings
must be quickly recognizable and clearly definable
if the introduction of a land registration system
is not to be frustrated by endless dispute. Land

63
 IMPLEMENTATION FRAMEWORK
TABLE OF ISSUES PER THEMATIC AREA
Themes Issues Interventions/strategies Actors Remarks
Land use • Lack of land use • Land use policy • County 1. Comprehensive
planning plans (e.g protected • Declaration of special Governments planning to
areas, rural areas). planning areas and take care of all
There is more comprehensive planning • National Land unregistered
emphasis in urban and • County spatial plans Commission land within urban
peri-urban set- ups • Land use planning and areas.
•sprawling of zoning • Ministry of
unplanned settlement • Zoning regulations Devolution and 2. Regularization
• outdated plans • Comprehensive program Planning and formalization
• substandard plans for preparation of integrated of all plots
• Implementation/ urban development plans • Ministry allocated by
enforcement targeting major cities and of Lands previous local
• Inadequate public urban centers throughout and Physical authorities.
participation in the country. Planning
planning processes • County Capacity human 3. Use of ADR
• There is no land resource development on and TDR for
use policy development planning and conflict resolution
• No county spatial management in all urban areas.
plan in place • Policy on urban growth
• Population pressure containment
• Rapid urbanization
Land • Many undeclared
adjudication adjudication sections
• Land committee
cases (LCC),
• Arbitration board
cases
• objections,
• Appeal to the
minister
Outdated Technology-
use of PIDs and RIMS
are still dominant
64
Themes Issues Interventions/strategies Actors Remarks
• Cumbersome laws • Declare appr.197 new DLAS DLASO 1. Complete
e,g cap 283 adjudication sections CS the process of
• Finalize all pending adjudication in
• Inadequate funding committee cases all the declared
and human resource • Finalize all pending adjudication
Arbitration cases sections.
•Poor community • Hear and determine all
mobilization pending objection cases 2. Resolve the
• Use satellite imageries for land adj. disputes
• Socio-cultural the new sections which are
dynamics • Finalize sections already pending.
past RER but not open any
• Lack of new sections under cap 283 3. Provide
coordination/ • Provide adequate funds adequate staff,
consultation between to finance adjudication equipment
DLASO and Surveyor programmer and employ and financial
more qualified staff to facilitation.
• Slow service carryout adjudication work.
delivery • Carryout civic education
on adjudication program
• Institute proper
coordination between survey
and adjudication teams
Survey of land • Survey Act Cap 289 Fast track repeal of the Cabinet There is need
is not in conformity to survey Act to conform to the Secretary, to put more
the new constitution. constitution of Kenya and emphasis
• Lack of modern the repealed Land laws. Director of surveying as it
survey equipment Surveys, forms the crux of
especially at the land registration
county level. ISK process

65
 Themes Issues Interventions/strategies Actors Remarks
• Inadequate survey • Each county to purchase CEC, County .Modernize
controls to facilitate at least two sets of Survey Head of Survey county Cadastre
geo-referencing Total Station, One set of development and
• Inadequate qualified Geodetic GPS and a dozen of DoS strengthen county
surveyors leading handheld GPS. govt capacity
to proliferation of CEC lands for uptake of
brokers and quacks • Densify Primary controls survey and
• Lack of guidelines within counties. CS Lands, mapping functions
on geo-referencing University VCs accordance with
• Poor • Establish Survey schedule 4 (8)
Implementation of the Directorate in each county CS Lands, DoS (b) of COK 2010
laws in devolved Land and hire qualified surveyors
governance. Lack of –Registered surveyors in
clarity on the roles of each county.
county and National CS Lands, PS
government. • Train more surveyors Lands and CEC
• Inadequate funding- in response to the ever Lands
Survey is an expensive increasing demands.
excise • National government and DoS, CEC Lands
• R.I.M amendment county government to come
is still centralized in up with operational structure DoS, CEC Lands
some few regional regarding Survey work.
offices • Responsive budget for
• Discrepancy in survey activities. Enhanced
title land acreage funding for Survey activities
and actual ground at County and National
situation government.
• Decentralize R.I.M
amendments to all regional
offices and fast track repeal
of survey Act.

66
Themes Issues Interventions/strategies Actors Remarks
• Re-survey of all general
boundaries and subsequent
revision of R.I.Ms or
cadastral plans
• Fast track the review of
the Survey Act and relevant
regulations to conform
with the COK 2010 and
the National Land Policy
especially on devolved
components of survey work
• Establish sufficient Control
points to facilitate survey
work
• Ensure all work is done by
registered surveyors
• Embrace training and
use of modern survey
technology
• Upscale funding levels
since the exercise is
expensive moreso geo
-referencing process
• Decentralise Map
administration and
strengthen the coordination
part of it
Land • Lack of clarity EXPEDITE separation of AG, MOLPP, Land
administration between roles of NLC roles and functions between NLC, administration
and Mop NLC and Molpp activities ring-
fences the
• Political interference security of tenure
in Land allocations

67
 Themes Issues Interventions/strategies Actors Remarks
• Use of unapproved • Uphold the COUNTY . Documentation
plans for allocations constitutionalism of GOVERNMENTS of all allocations
Conflict between the commission in land and leases
the defunct Local administration and STATE
Authorities and management AGENCIES 2. County govt
Commissioner of Land • Regularizes and formalize MANAGING to submit the
• Numerous all allocations done by the LAND , inventory of all
unresolved court defunct local authorities land owners for
cases in a participatory and ISK, documentation
• Selective transparent manner
enforcement of • Standardize and gazette LSK ,
allocation conditions the documentation process 3. There should
• Multiple allocations and procedures in land KIP be coordination
• Fake land administration mechanism for
ownership documents • NlC to follow up and school titling
• Duplication of Land request for earlier court programme.NLC
Administration roles. action on all pending land to take the lead
• Proliferation of court cases
brokers • Standardize and gazette
• Inadequate land enforcement of allocation 4.Documentation
administration staff, conditions of all leases of all
equipment and • Quick legal action against allocated land for
finances all fake allocation holders audit and process
• Low level of public • Deal with registered estate
awareness regarding agents only and route out
procedures and middlemen 5. County govt
processes of land • Clear separation of roles to submit the
administration and functions of various inventory of all
• Other govt officers arms of the government land owners for
masquerading as after devolution. documentation
Land officers.
• Inept Land
administration officers

68
Themes Issues Interventions/strategies Actors Remarks
• The commission
to employ adequate,
appropriately trained
and qualify staff at the
county level
• Civic education on
land matters to be
carried out by the
commission and the
county governments
in all the counties.
• The commission
to inject adequate
funding, equipments
and stationery in
all the commission
offices.
• The county
governments and
other state agencies
dealing with land
management to
employ or procures
the services of
professional land
administration officer
• Frequent training
or refresher courses
to be done to the
appropriate officers
every 3 years.
• Put in place clear
and distinct roles for
the Ministry and the
Nlc
69
 Themes Issues Interventions/strategies Actors Remarks
• Put in place
strict strutures
and procedures
to ensure that can
only be developed
after the relevant
planning, servicing
and allocation is
confirmed done
• Improve on Public
Awareness to limit on
disputes

Land valuation • Outdated Valuation • Speed up passage of law 1. Need to

rolls on valuation rolls streamline land
• Lack of zonal market, valuation
valuation rolls • Adhere to professionalism roll and tally
• Serious in valuation the ownership
discrepancies in Land details in the
values within similar • Government to enhance county lands
zones resulting in staff capacity in valuation office and county
lack trust in valuation land registry to
matters/contestations • Share and publish enable accurate
• Inadequate staff- information on land markets. registration.
one valuar serving
more than 3 counties 2. Digitization
in some cases. and proper zone
• Proliferations of valuation.
informal Land market.
• Lack of harmonized
property market
prices
• Hoarding of Land
for speculations

70
Themes Issues Interventions/strategies Actors Remarks
• Inaccessible 3. fast-track
and inadequacy of valuation index
relevant valuation law.
data and information
• Community
resistance due to
top-down approach
and lack of inclusivity
in valuation
processes especially
during compulsory
acquisition
Land • Overlapping Speed up passage of 1. Deliberate
registration registration statutes- rules and regulations by efforts to create
the repealed Land Parliament to operationalize additional registry
laws are still in the new land registration units
operation. laws(Land Act,2012
• Multiple legal 2. There should
regimes still be deliberate
operational in the attempt to digitize
registration of title land records and
• Lack of rules embrace TDR and
and regulation to ADR to resolve
operationalize the land disputes.
Land • Registration
Act
Multiple titling
Inadequate registries
• Existence of more
than one registry in a
registration unit
• Political interference
and patronage
• Inadequate staff,
equipment and secure
space
71
 Themes Issues Interventions/strategies Actors Remarks
• Registration is
still manual and
cumbersome
Unimplementable
court orders

• Titles with no
spatial relationship to
the existing ground
situation.

• Uncollected titles-
due to succession
issues, conflict
potentialities and
unknown fears e.g
dispossession

• Use of special Land

control boards (LCB)
has led dispossession

72
Themes Issues Interventions/strategies Actors Remarks
Land • Defaulting on SFT • Appoint sub county CS or CEC Formation of
settlement loan repayment Selection committees beneficiary
identification
CS, committees at sub
• Delays on •Sensitization and serving county level
preparation on final allottees regularly with CoG,
balance statements Demand Notices
and discharge of
charge and transfer NLC.
forms • Head office to speed
up processing of these
documents Tansition to LSF
• Establishment of required
schemes in protected
forest Land and • Approved allocation
ecological sensitive procedures to be followed.
areas
• Settlement Schemes
should not be established
• Unprocedural in protected forest land or
allocations leading to ecologically sensitive areas
multiple allocations.

• Legal procedures
• Procedural to be followed during
repossessions repossessions

• Absentee Landlords

73
 Themes Issues Interventions/strategies Actors Remarks
• Political interference • Minimization of political
and patronage interferences during
especially during allocations
allocations • Legitimate allocation
• Court cases Committees should be in
challenging the place
allocations • Promotion of ADR and
• Lack of settlement TDR in dispute resolutions
plot allocation • Biometric profiling of
committees squatters to cab the issue of
Inter-ethnic animosity ‘professional’ squatters
• Invasion of private • Surveying should be
land forests and finalized before allocations
catchment areas • Prepare new subdivision
• Conflicts arising schemes
allottees with LOO but • Institute review of
no land and those on grants and dispositions for
the land but no LOO. registered schemes
• Some resettled IDPs • Local leaders to champion
selling their land co-existence with those from
• Pending issues of other communities
integrated IDPs • Allottees to take ground
• Lack of public occupancy and Government
land for settlement to ensure there is no
programmes invasion by squatters in
• Un-profiled protected areas
squatters • Issuance of LOO to be
• Astronomical rise in from one central office
population leading to • National Consultative
enormous pressure Coordination Committee
on land and change (NCCC) to undertake
on land use. an audit exercise of the
resettled IDPs

74
Themes Issues Interventions/strategies Actors Remarks
• County Governments to
source for land to settle their
needy and landless poor
people

• Sensitization that land

is not the only resource to
depend on for livelihood

• Adherence to allocation
procedures

• Allottees to ensure their

land parcels are developed
with caretaker on the ground

• Provision of adequate
resources for efficient
services delivery

• The Government should

undertake a Biometric
census of the landless poor
and settle them

• Proper strutures
and law should be
established to facilitate
sound administration
and management of the
settlement programmer in all
counties

75
 Themes Issues Interventions/strategies Actors Remarks
informal • Proliferation of 1.Biometric
settlements informal settlements identification of
in urban and market squatters
centers, forest
reserves, power 2.slum upgrading
wayleaves, programmes
• Political interference required.
and patronage
• Inadequate
enforcement/
implementation
of Housing and
settlement policy and
Laws
• Poverty and
Landlessness
• Rural-urban
migration
Data and • Information sharing • In collaboration with the CS Mop, CEO Computerization
information and management not Mop and other stakeholders, NLC and digitization of
management anchored in Law fast-track the drafting of all land registries
•Inadequate Land Information Bill CEO NLC,
professional staff County
• Lack of Land • Enhance the human Governments
information and resource capacity by
knowledge protocols establishing regional offices CEO NLC, PS
• An expensive /build capacity on already Mop, County
venture to set-up existing staff Governments
• No attempt to set-
up LIMS • Mainstream NLIMS CS Mop, CEO
• Minimal community standards and guidelines NLC, County
participation Governments
• Multiple agencies • Phased implementation of
not sharing data and the LIMS
information
76
Themes Issues Interventions/strategies Actors Remarks
• Low level of • Run campaigns on the PS Mop,
awareness, use importance of LIMS to the
and uptake of Land economy/ mainstream NLIMS CEO NLC,
Information, standards and guidelines
County
• Lack of • Run campaigns on the Governments
standardization importance of LIMS to the
and reliable in data economy/ mainstream NLIMS PS Mop,
collection standards and guidelines
CEO NLC,
• Lack of information • In collaboration with the
and data repositories Mop and other stakeholders, County
fast-track the drafting Governments
• Minimum of Land Information Bill/
measurements mainstream NLIMS standards CS Mop, CEO
towards global and guidelines NLC
commitment
• Run campaigns on the CEO NLC, PS
• Lack of National importance of LIMS to the
Data Spatial economy Mop, County
Infrastructure Governments
• Mainstream NLIMS
standards and guidelines CEO NLC, PS
Mop,
• Fast-track the
establishment of KNSDI by County
the Mop Governments

PS Mop

77
 Themes Issues Interventions/strategies Actors Remarks
natural • Privatization -Inventorize, map, clearly Ministry of
resources and allocation of demarcate boundaries of Lands
ecologically sensitize and gazette Ecologically
public land sensitive public lands
• Encroachment/ as protected areas- no -NEMA
illegal settlement human settlement and
and devt in fragile hardware-development
ecosystem imperatives with high -WRMA
• Unsustainable potential for negative
land and land based land transformations and
natural resources use environmental degradation -KWS
and management
• Land degradation -Develop implementable
and pollution resulting guidelines, rules and -KFS
in biodiversity loss regulations for specific
• Competing and natural resources
conflicting interests sustainable exploitation -KNEB
between Land rights and development including
and conservation development of benefit
goals sharing protocols -Ministry of
• Lack of natural mining
resources inventory - Mount a comprehensive
and boundary maps awareness and education
• Conflicting campaign on the link -Ministry of
legislations governing between land degradation Energy and
riparian reserve and poverty nexus with a petroleum
• Enforcement view to changing mindsets
challenges and towards uptake of SLM
inadequate practices and avert -Council of
institutional capacities environmental degradation governors
in terms of vehicles, and climate change
equipment etc
• Disconnect between
Natural resource and
Land as a commodity
78
Themes Issues Interventions/strategies Actors Remarks
• Political patronage -Develop and enforce -Parliamentary
• Lack of distinction specific and harmonized committees on
between renewable regulation for the land and NR
and non-renewable management of riparian
natural resources. (public) areas/zones -CECs in charge
• Management of of Land and
cross county natural -Design mechanisms NRs
resources and strategies for
• Climate change decomoditization of land to -Local
reduce appetite for grabbing Communities,
public land including CSOs and FBOs
Ecologically Sensitive Areas
-Ministry of
-Strengthen institutional Interior (chiefs,
capacities for efficient and and County
effective enforcement and Commissioners)
compliance monitoring
-Ministry of
-Engage politicians and the planning and
executive at the two levels of devolution
governments and raise their
-KEPSA

-National
Transport

79
Themes Issues Interventions/strategies Actors Remarks
Community • There is no Prepare inventory of Cabinet Depends on when
Land community Land community land secretary, the rules will be
identified. No county gazetted
inventory on available Declaration of community government,
community Land land registration units- communities
Turkana,Tana
• No rules and River, Garissa, Isiolo, Cabinet
regulation to guide Mandera, Marsabit, Wajir, secretary
management of Embu,Kitui, Taita Taveta,
community Land Kwale, Kilifi, West Pokot Community land
registrar,
• Minimal awareness • Kajiado, Narok, Samburu,
on community Land Laikipia, Baringo, Siaya, CEC,
Kericho, Elgeyo Marakwet,
• There is a lot Nandi, Meru. COUNTY
of insecure land • Notices to commence COMMISSIONER,
rights where land is demarcation of community
purported community land SUB COOUNTY
Land • Recommendation of land ADMINISTRATOR
adjudication officers for
appointment and gazettment CS,
Constitute Adjudication
Teams-LAOs, surveyor, NLC,
community
• Receive claims from CG
registered communities for
purpose of adjudication and CS ,
documentation.
•Adjudication of customary COMMUNITY
claims LAND
• Establishment of REGISTRAR
boundary limits of claims
by registered community on
satellite imageries.

80
Themes Issues Interventions/strategies Actors Remarks
• Establishment of DLAS
community land management
committees DLAS
• National Programme
for public education and Adjudication
awareness on administration team
and management of
community land. Adjudication
• Setting aside community team
land for public purpose
• Appointment of adhoc Communities,
committees to resolve county planning
disputes referred to CS authorities,NLC
• Conversion of undissolved CS
group representatives under DLAS
the repealed cap 287 to DLAS
community land.
• Preparation of inventory
of new and existing
adjudication sections for
finalization of adjudication
programmer under cap 284,
cap 283.
Institutional • Inadequate • Hiring more technical staff CS,PS(Ministry
capacities and surveyors, physical • Build Ardhi houses in of Lands)
linkages planners, land counties Chaiman
registrars, land • Invest in training of staff CEO,NLC)
valuers,Land • Buy more equipment Treasury
adjudication officer • Enhance budgetary
• Inadequate office allocation
space
• Inadequate
technical equipment
• Budgetary
constraints
81
 Themes Issues Interventions/strategies Actors Remarks
RESEARCH • Slow pace of land • Sufficient funding towards Parliament.
reform researching land matters Ministries e.g.
• High level of •Program: preparing Mop; National
insecure Land tenure. inventories on all land tenure Treasury;
• Protection of Land systems
rights of marginalized Prioritize records Agriculture &
and vulnerable management, data Livestock;
groups. documentation &
• Politics of Land and management in government Mining;
violence agencies eg Mop; NLC Environment
•Land dispute Promote evidence based
resolution information & interventions & Natural
mechanisms to address land reform Resources;
• Inadequate policies
research in land • Collaborative Research Energy;
matters across the ‘Land Quality Indicator
country Program’ (land use Interior;
• Lack of systematic diversity & land cover; land
evaluation of gender use intensity; minimum – Planning;
dimension to Land maximum land sizes; land
• Disconnect between degradation, soli quality; Devolution etc.
Land and Agrarian land contamination etc.,)
reforms with respective agencies &
• Dysfunctional counties
property/land market •Research: Economics of
• High premiums to land degradation across
titled Land Counties
• Commoditization
of land versus other
properties resulting in
huge premiums
• Landlessness and
tenure security

82
Themes Issues Interventions/strategies Actors Remarks

• Rapid Urbanization Land Governance National Land

• Some land issues Assessment Framework Commission
require special Making land reform part Government
intervention e.g. of integrated urban & rural Agencies: KFS;
PLWD; women; youth; development plans KWS; KNBS;
the aged Mapping Land Conflict: CoG
• Intra and Inter Interactive model for the All
generational equity counties Constitutional
• Disparities in Land Review of willing buyer- Commissions
rights Willing seller policy Development
• Minimal use of Land Robust knowledge outputs Banks
as a collateral as pertains to land matters Political
in counties decision
Land evaluation makers:
assessments in counties Parliament Land
Land Taxation and Committees,
sustainable development Scientific
Identifying & supporting networks &
research & sex- communities eg
disaggregated data ISK
collection related to climate Universities
change & women’s land and Research
rights Institutes
Programs: Securing women’s Civil Society
rights to land & natural County CEC’s
resources, including within Individual Land
communities experts
Programs: Ensuring
women’s meaningful
participation in decision-
making & dispute resolution
related to access, use,
control, & management of
land & natural resources
83
 Themes Issues Interventions/strategies Actors Remarks
• Restrictions on sub-
division in agricultural &
fragile ecological zones
• Project: Women’s, Youth,
Marginalized groups, & the
Aged land Rights; Youth
More integrated and delivery
systems relying on public
participation
Land Summit: Addressing
the linkages between land &
agrarian reform in Kenya
Influence University
curriculum on Land Rights
Program targeting –
informality on land

• Program – Devolution,
land and legislative
environment
Projects targeting social
instability

84
1. The constitution of Kenya 2010
2. The Land Act, 2012
3. The Land Registration Act, 2012
4. The National Land Commission 2012
5. The land Laws (Amendment) Act, 2016
6. The Community Land Act, 2016
7. Tim Hanstad (1998) Designing Land Registration
Systems for Developing World: American University
International Law Review vol.13
8. James Edward Hogg (1920) The Adoption of The
Torrens Title registry by the British Commonwealth.
9. Melvin Smyth: Land Registration in Ireland
10. Dr. Siriba/vob/Mulaku(2011) The Kenyan Cadastre
and Modern Land Administration
11. Kenya Law Resource Center: The Different Legislative
Regimes of Land Registration
12.Valentine D. wakoko(2005)The Evolution of Land In
Kenya
13. Softkenya: Land in Kenya: ownership, Policy, Law,
Tenure and Reforms.
14. Humphrey Njuguna and Martin Mbaya: Land Reforms
in Kenya –An Institute of Surveyors of Kenya (ISK)
Initiative
15. Peter Kuntu Mensah(2006) Implementation of the
Land Title Registration in Ghana
16. Dr.W.Odamelarbi: Towards a Credible and effective
Land Registration Systems: Lessons from Systematic
Land Titling Pilot Project in Ghana
85
 CONTACT US:
NATIONAL LAND COMMISSION
Ardhi House, 1st Ngong Avenue, Off Ngong Road,
P.O. Box 44417 – 00100,
- Tel: +254-2-2718050, Nairobi, Kenya
-Email: [email protected]
, Website: www.landcommission.go.ke

This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of

86 FAO and can in no way be taken to reflect the views of the European Union.