lewin's model and change management in kenya's land regime
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APPLYING LEWIN’S (1947) MODEL
TO UNDERSTAND CHANGE
MANAGEMENT THROUGH POLICY
AND LAW IN KENYA’S LAND SECTOR
Lyla LatifUniversity of Duisburg- Essen, Institute of Political Science
“Can governmental organizations
change?”Fernandez & Rainey in Managing Successful Organizational
Change in the Public Sector
Selection criteriaAbramson & Lawrence in The Challenge of Transforming Organizations: Lessons Learned about Revitalizing
Organizations
Large Scale
Planned
Strategic
Administrative Change
Background
Pre colonialist era Communal land
Chieftains
Colonial era Colonialists designated areas
for the natives
Introduced the hut and poll tax
Concept of absolute proprietorship introduced
Independence Concept of public land
Retention of private ownership
Group ranches
Post independence Era of land grabbing
Illegal allocations
Irregular allocations
Njonjo and Ndung’ucommission
Current period (2008 to date) Post election violence
Reform period National Dialogue and
Reconciliation Accord -Agenda 4
National Land Policy 2009
Articles 60 – 68 of the Constitution of the Republic of Kenya
Revision, consolidation and rationalization of existing land laws
The laws that required revision,
consolidation and harmonization The Government Land Act, Cap
280
The Registration of Titles Act, Cap 281
The Land Titles Act, Cap 282
The Land Adjudication Act, Cap 284
The Land Consolidation Act, Cap 283
The Registration of Documents Act, Cap 285
The Trust Land Act, Cap 288
The Rent Restriction Act, Cap 296
The Registered Land Act, Cap 300
The Way leaves Act, Cap 292
The Landlord & Tenants (Shops, Hotels and Catering) Act Cap 301
The Land Control Act, Cap 302
The Agriculture Act, Cap 318
The Wildlife (Management & Conservation) Act, Cap 376
The Road Act No. 2 of 2007
The Indian Property Transfer Act (ITPA), 1882
The Sectional Titles Act, No 21 of 1987
The Land Acquisition Act, Cap 295
The Trespass Act Cap 294
The Land (Group Representative Act) Cap 287
The Trusts of Land Act, Cap 290
The list goes on…
The Distress for Rent Act, Cap 293
The Land Planning Act, Cap 303
The Equitable Mortgages Act, Cap 291
The Mortgages (Special provisions) Act, Cap 304
The Mining Act, Cap 306 [The
Mining and Minerals Bill, 2011]
The Petroleum (Exploration and Production) Act, Cap 308
The Egerton University Act, Cap 214
The Sisal Industry Act, Cap 314
The Grass Fire Act, Cap 327
The Irrigation Act, Cap 347
The Water Act, Cap 372
The Fisheries Act, Cap 378
The Kenya Ports Authority Act, Cap 39
The Public Roads and Roads of Access Act, Cap 399
The Lakes and Rivers Act, Cap 409
The Stamp Duty Act, Cap 480
The Estate Duty Act, Cap 483
The Banking Act, Cap 488
The Shelter Afrique Act, Cap 493 C
The Geothermal Resources Act
The Land Dispute Tribunal Act, No 18 of 1990
The Coast Development Authority, Cap 449
The list is NOT exhaustive
The Kerio Valley Development Authority, Cap 441
The Lake Basin Development Authority Act, Cap 442
The Tana and Athi River Development Authority Act, Cap 443
The Ewaso Ng’iro South River Basin Development Authority Act, Cap 447
The Environmental Management and Co-ordination Act, No. 8 of 1999
The Law of Contract Act, Cap 23
Forest Act, Act No. 5 of 2005
Need for change and its
management to be addressed
through The National Land Commission Act
The Land Act
The Land Registration Act
The Community Land Act
Methodology Lewin’s (1947) model
8 factor model for change management
1. Ensure the need
2. Provide a plan
3. Build internal support for change and overcome resistance
4. Ensure top management support and commitment
5. Build external support
6. Provide resources
7. Institutionalize change
8. Pursue comprehensive change
Ensure the need
Managerial leaders to persuade members and stakeholders of the need for change
Crafting a compelling vision (overall direction for the change and strategies)
Continuing process of exchange with stakeholders and participants
The long list of laws
Irregular and illegal
allocations
Collective goal
Features The case of Kenya
Provide a plan
Course of action
(vision is not
enough)
Policy stage (clear,
specific goals and
desired outcomes)
Policy ambiguities
can sow confusion
Agenda 4
NLP, 2009
Constitution of
Kenya, 2010
Ministry of Land
contracting
consultants to draft
the bills
Feature The case of Kenya
Build internal support for change and
overcome resistance
Build internal support
Reduce resistance through participation in the change process
Create urgency (crises)
Threats and compulsion to ward off resistance
Bargaining, persuasion, rewards
Political will (bounded hands)
Budget allocations to the Ministry of Land
Ministry setting up department to kick start the process
Constitutional mandate
Features The case of Kenya
Ensure top management support
and commitment
Influences the change process
Either an individual or a coalition giving legitimacy to the process (cabinet members, top level career civil servants)
Constitutional
mandate
Commission for the
Implementation of
the Constitution set
up
Features The case of Kenya
Build external support
Build support from political overseers (power to impose statutory changes and control the flow to vital resources to public organizations) and key external stakeholders (interest groups)
Obtain the skills required for managing the change
CSOs, NGOs, Human Rights watchdogs backing change
Linked groups (surveyors, economists)
Leasehold and private owners
MNCs, corporations and foreign owners and companies
Public consultations
Stakeholder consultations
Public education
Features The case of Kenya
Provide resources
Sufficient resources
to support the
process (change is
not cheap or without
trade-offs)
Department staffing for monitoring progress
Stakeholder and public consultations
Expert consultants
Media
Booklets for information dissemination
Nation wide consultation
Features The case of Kenya
Institutionalize change
Part of daily routine to make the change enduring
Out with the old, in with the new approach
Not easy (Armenakis, Harris & Field [1999] model)
Repeal and effecting of the new land laws
Piecemeal implementation (timeline)
Electronic registries
Administration and management
Overcoming challenges
Lost files
Few registries
Outdated registry systems
Investigations and adjudication of land disputes
The Environment Land Act, 2011
Features The case of Kenya
Pursue comprehensive change
Comprehensive approach to change (not just a departmental change, the whole ministry for example)
Understand the change
Build momentum for the broader array of changes to follow
Consistency
Team spirited approach
Transition
Secondment and
termination of
contracts
Addressing illegal and
irregular allocations
Addressing historical
injustices
Features The case of Kenya
Key highlights
Which of the steps were found to be critical? Each step leads to the next stage to be addressed and
brings in consistency
Easy to follow up when monitoring and evaluating the
success or failure of the change
Most important stages in the context of Kenya were
the first and the last
In the context of Kenya, support was found to be
critical and if that support had not been entrenched in
law; the constitution being the highest of all laws, the
change management may not have successfully
occurred
Key highlights (continued)
Has the process been successful? Partly yes
The long list of laws that created ambiguity and caused mismanagement were replaced by 2 main sources of land law
Registries have been streamlined and conveyancingprocedures better regulated
Institution that were required to be set up have been established and are functioning (National Land Commission, the Environment and Land Court)
Partly no
Irregular and illegal allocations not addressed
Issue of landlessness not addressed (squatters)
Legal and administrative tussles over functions between National Land Commission and county government
Key highlights (continued)
What is being done to address the challenges
resulting from the change in the land sector Calls to amend certain provisions of the new statutes
to remove ambiguity
Court decisions on interpretation on various provisions
of the land laws and guidance on whether the National
Land Commission or the county government exercises
jurisdiction
Departments coming up with strategic plans to ensure
the provisions of the new land laws are fully enforced
Conclusion
Can government organizations change? To some extent when it is a law driven initiative
backed up by political support and sometimes
international pressure.
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