2016年-世界发展银行全球_Kenya_Land_Governance_Assessment_Report_119页_1mb

Kenya Land Governance Assessment Report Summary

Core Content

This report presents the findings of the Kenya Land Governance Assessment Framework (LGAF), conducted between 2014 and 2015. It evaluates the status of land governance in Kenya under the new Constitution, new land laws, and new institutions. The assessment covers nine thematic areas, including land tenure recognition, land use regulations, dispute resolution, and land information management.

Main Points and Key Findings

1. Legal Framework and Implementation

• There is an existing legal framework for the recognition and protection of land rights, but implementation, enforcement, and compliance mechanisms are ineffective.
• Women's land rights are legally recognized, but their enjoyment is not realized.
• The absence of a legal framework for community land rights, despite constitutional inclusion, is a major legal gap.
• Land valuation and taxation systems are underdeveloped, with low tax coverage, poor assessment, and inefficient collection.

2. Land Information and Management

• Land information systems are largely manual, which hinders their effectiveness as a governance tool.
• Cadastral maps and registry records are not comprehensive and lack up-to-date information.
• There is a need to digitize, update, and authenticate land information to improve access and support rights recognition.
• Integration with other data is essential for an effective land information system.
• The Ministry of Lands, Housing and Urban Development (MOLHUD) and the National Land Commission (NLC) should hire, retain, and equip competent staff to manage these systems.

3. Land Use and Planning

• Rural land use regulations are not effectively aligned with land rights, leading to land degradation.
• Urban land use is chaotic, with unplanned settlements and inadequate infrastructure.
• There is a lack of low-cost housing policies for the poor, and urban planning processes are not efficient enough to handle growth.
• Land use planning is effective in major cities, but less so in smaller urban areas.
• Tenure regularization schemes in urban areas are not fully implemented, and informal settlements lack secure tenure and infrastructure.

4. Dispute Resolution

• Kenya has a robust land dispute settlement framework, including the Environment and Land Court and traditional dispute resolution.
• However, the system is not functioning effectively, with overlaps between the court and the NLC.
• There is a need for more courts and judges to handle the high volume of land disputes.
• A framework for traditional dispute resolution is necessary to guide traditional governance institutions and clarify the scope of disputes they should handle.

5. Public Land Management

• Public land ownership criteria are clearly defined, but recording and management of public land is incomplete.
• Access to public land information is limited, and transparency in public land management is low.
• Institutional overlaps between national and county governments and public bodies hinder effective land management.
• Public land acquisition processes are not fully transparent and not always timely.
• Compensation for land acquisition is not always timely or fair, and appeals are not easily accessible.

6. Land Transfer to Private Use

• The transfer of public land to private use follows a competitive process, but data on conversions is scarce.
• Substantial transactions require approval from both national and county assemblies, but the definition of substantial transactions is not clear, leading to potential abuse.
• Benefit sharing and monitoring systems are not in place, and investment laws need to be synergized with tax and environmental regulations.

7. Institutional Arrangements

• The 2010 Constitution introduced new land governance institutions, including the National Land Commission (NLC) and County Governments.
• Institutional roles and responsibilities need to be clarified to avoid conflicts and overlaps.
• Synergy between natural resource management institutions and land institutions is necessary for effective governance.

Conclusion and Recommendations

The LGAF process is participatory and country-driven, involving Expert Investigators and panels of experts to evaluate the status of land governance across nine thematic areas. The report highlights the need for:

• Improved implementation and enforcement of land laws.
• Digitization and modernization of land information systems.
• Clarification of institutional roles and synergy between institutions.
• Enhanced transparency in land use and transfer processes.
• Strengthening land taxation and valuation systems.
• Development of a legal framework for community land rights and multiple land rights.
• Establishment of more environment and land courts and judges.
• Formalization of urban tenure and improvement of tenure regularization schemes.
• Creation of a national land use plan to support county development plans.
• Finalization of benefit sharing regulations and monitoring systems for public-private land transfers.

The report serves as a valuable resource for land policy practitioners and academics to engage in debate and discussion on Kenya's land governance agenda.