Description

THE MINING ACT No. 12 of 2016

Date of Assent: 6th May, 2016

Date of Commencement: 27th May, 2016

THE WILDLIFE CONSERVATION AND MANAGEMENT ACT, 2013 No. 47 of 2013

Date of Assent: 24th December, 2013

Date of Commencement: 10th January, 2014

A Land Information Management System (LIMS) is an information system that enables the capture, management, and analysis of geographically referenced land-related data in order to produce land information for decision-making in land administration and management. The system is a Geospatial Information System (GIS) driven for the purposes of handling and managing parcel based information. The Republic of Kenya, located in East Africa, ranks 33rd in the world in terms of population with 38.6 million people and has a land area of 224,081 square miles.

Kenya’s Vision 2030 aims at transforming the country into a newly industrialized middle income country

and infrastructural development is high on the agenda to achieve this. Competing land uses and existing

interests in land make the use of eminent domain by government in acquiring land inevitable. However

most of the land earmarked for compulsory acquisition comprises of un- registered land whose interests

This book exposes the key land use and environmental problems facing Kenya today due to lack of an appropriate national land use policy. The publication details how the air is increasingly being polluted, the water systems are diminishing in quantity and deteriorating in quality. The desertification process threatens the land and its cover. The soils are being eroded leading to siltation of the ocean and lakes. The forests are being depleted with impunity thus destroying the water catchments.

The absence of a clearly defined land use policy in Kenya after years of independence has resulted in a haphazard approach to managing the different land use practices and policy responses. Land use continues to be addressed through many uncoordinated legal and policy frameworks that have done little to unravel the many issues that affect land use management. The Constitution of Kenya 2010, Kenya Vision 2030 and the Sessional Paper No. 3 of 2009 on National Land Policy all call for a clear framework for effectively addressing the challenges related to land use.

The need for affirmative action and the mainstreaming of the commons community plus a comprehensive strategy to secure indigenous and community land has become a major global concern of the 21st century. To achieve this will require out of the box reform mechanisms and the participation of the communities concerned, such that the reforms recognize and embrace indigenous systems and structures that offer avenues to secure collective rights, land use and management of commons resources; namely pastures, water and forests among others.

The application of computer technology in land administration is touted as one way of ensuring efficient and transparent land administration. Although this true, one major concern is not only how to create a computerized land information system that is interoperable across different government departments responsible for different land administration functions, but also how to ensure interoperability between national and devolved levels of government departments responsible for land administration.

The story of urbanization in Kenya should be one of cautious optimism. As an emerging middle-income country with a growing share of its population living in urban areas and a governance shift toward devolution, the country could be on the verge of a major social and economic transformation. How it manages its urbanization and devolution processes will determine whether it can maximize the benefits of its transition to a middle-income country.

Governments have power to compulsorily acquire land or other interest in land for a public purpose subject to prompt payment of the compensation to the affected persons. The process of land acquisition involves several government departments which have different mandates depending with the purpose of the acquisition. In several instances departments involved have been seen to be disjointed hence causing gaps and unfinished work in the whole process.

The Cadastral system in Kenya was established in 1903 to support land alienation for the white settlers who had come into the country in the early part of the 20th Century. In the last hundred years, the system has remained more or less the same, where land records are kept in paper format and majority of operations are carried out on a manual basis. The lack of a modern cadastral system has contributed to problems in land administration in the country.