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S T R AT E G I C P L A N : 2 0 1 3 - 2 0 1 8

Our Land, Our Wealth, Our Heritage

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According to the Constitution of Kenya 2010, Article 260:

“Land” includes:

a. Th e surface of the earth and the subsurface rock;

b. Any body of water on or under the surface;

c. Marine waters in the territorial sea and the exclusive economic zone;

d. Natural resources completely contained on or under the surface; and

e. Th e air above the surface.

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Ta bl e of C on t en t sForeword ............................................................................................. 5Acknowledgement ............................................................................. 6Acronyms and Abbreviations ........................................................... 7Executive Summary ........................................................................... 8Chapter One ........................................................................ 10Introduction ........................................................................................ 101.1 Historical Background ............................................................ 101.2 Land in the Development Context ....................................... 101.2.1 Africa Context on land issues ................................................ 101.2.2 National Context ...................................................................... 111.3 Initiatives towards land reforms in Kenya ........................... 111.4 Justification for the development of the strategic plan ..... 121.5 Structure of the Strategic Plan .............................................. 13Chapter Two ....................................................................... 142.1 Overview ................................................................................... 142.2 Background ............................................................................... 142.3 Mandate of the National Land Commission ...................... 142.3 Linkages with other Sectors of the Economy .................... 182.4 Enabling policy and legal framework ................................... 20Chapter Three ..................................................................... 233.0 Overview ................................................................................... 233.1 SWOT Analysis ........................................................................ 233.2 PESTEL Analysis .................................................................... 243.3 Stakeholder Analysis ................................................................ 28Chapter Four ....................................................................... 31Strategic Direction ............................................................................. 31Chapter Five ........................................................................ 34Implementation and Co-ordination Framework ........................... 345.1 Introduction .............................................................................. 345.2 Strategic Plan Implementation Matrix .................................. 345.3 Implementation Approach ..................................................... 345.4 Strategic Plan Co-ordination .................................................. 345.5 Responsibilities and roles ........................................................ 34Chapter Six .......................................................................... 37Resource Mobilization, accountability and risk assessment ........ 376.1 Overview ................................................................................... 376.2 Resource requirement ............................................................. 37 Table 6:1 Projected Resource requirement ......................... 376.3 Resource Mobilization strategies ........................................... 386.3.1 Government Funding ............................................................. 386.3.2 Development Partners ............................................................ 386.3.3 Partnering with stakeholders .................................................. 386.4 Accountability ........................................................................... 386.5 Risks assessment ...................................................................... 386.5.1 Strategic Risks ........................................................................... 386.5.2 Financial Risks .......................................................................... 396.5.3 Operational Risks ..................................................................... 396.5.4 Technological Risks ................................................................. 396.5.5 Organizational Risks ............................................................... 396.5.6 Political Risks ............................................................................ 396.6 Mitigation, Monitoring and Reporting of Risks ................. 39Chapter Seven ..................................................................... 41Monitoring, Evaluation and Reporting ........................................... 41 Appendix 1: Implementation Matrix .......................................... 43

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The National Land Commission is an Independent government Commission established under the

Constitution of Kenya to manage public land on behalf of the national and county governments. It is

established under the National Land Commission Act, 2012. The Commission derives its functions and powers

from the Constitution and National Land Acts.

Land has been and will continue to be the mainstay of Kenya’s economy. This resource has continued to

play a significant role in the socio-economic and political development of the country. Therefore, its ownership,

allocation, distribution and utilization are of great concern to all Kenyans. Historically, land administration and

management (mainly around issues of ownership, allocation, distribution and utilization) has faced numerous

challenges. However, the Constitution of Kenya 2010 addresses land as a primary element and entrenched the

National Land Commission to effectively address issues related to Land administration and management.

In view of this, the National Land Commission has developed this Strategic Plan. Effective implementation

of this strategic plan will therefore be important not only for the National Land Commission seeking to answer

the land question in Kenya, but for laying a strong foundation for the execution of its mandate in order to meet

the huge expectations of the people of Kenya as far as land matters are concerned.

This strategic plan is a product of a participatory and interactive process with stakeholders including land

experts. The plan takes cognizance of the centrality of land in the national development agenda as in outlined

national development agenda. The Plan as formulated is alive to the fact that land is the engine of socio-economic

and political development. Therefore, this strategic plan lays a clear road map for the Commission for the period

2013-2018. The strategies herein will be implemented through annual work plans by the directorates that will be

enforced through effective performance management based benchmarks.

My team of Commissioners and the entire Commission assure our stakeholders of our commitment to

professional and inclusiveness in the execution of our mandate of effective land administration and management

for sustainable socio-economic development of the country.

Dr. Muhammad A. Swazuri OGWChair, National Land Commission

Dr. Muhammad A. Swazuri OGWChair, National Land Commission

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This is the first Strategic Plan for the National Land Commission. The strategy formulation and development

process is a culmination of consultative process that involved National Land Commission, participatory

and interactive engagement with key stakeholders and consultations with key experts and professionals in the

land sector. The Strategic plan therefore articulates the shared vision, mission, strategic objectives direction and

strategies that the National Land Commission will use in the period 2013-2018 to effectively execute its mandate

as enshrined in Article 67 of the Constitution of Kenya 2010 and other subsequent Land Laws and subsidiary

legislations.

We acknowledge the dedication of the strategic plan development team that consisted of the Commissioners

and Directors and all those who contributed in one way or another in the preparation of this Strategic Plan. The

team and other stakeholders/partners exhibited patience, hard work, commitment and diligence in navigating

through the task of developing the first Strategic Plan for the National Land Commission. Therefore, we appreciate

the Chairman and the team of Commissioners for their able leadership and technical contributions towards the

development of this strategic plan. We thank heads of Directorates and staff for the efforts and commitment to

the land course in Kenya. We greatly value and thank all our stakeholders whose views, contributions and critique

spurred the development of this great strategic plan. Special thanks goes to the Kenya Land Alliance whose

support and input has seen the development of this strategic plan to fruition.

We take cognisance of the leadership role of the Ministry of Devolution and Planning in the strategic

planning process. As we move forward to make the Kenyan people realize their aspirations of effective, accountable

and responsive land management and administration, we are aware of the critical role of stakeholders in the

implementation of this plan.

Therefore, we at the National Land Commission are convinced that with the support of our stakeholders,

successful implementation of this Strategic Plan, 2013-2018 will be a reality.

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Chavangi Aziz TomCommission Secretary/Chief Executive Offi cer

Acknowledgement

Chavangi Aziz TomCommission Secretary/Chief Executive Offi cer

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ADRs Alternative Dispute ResolutionsASALS Arid and Semi-arid LandsCEO Chief Executive OfficerCDMC Concern Development and Management ConsultantsCLMBs County Land Management BoardsCS Cabinet SecretaryGoK Government of KenyaGIS Geographical Information SystemsICT Information Communication TechnologyIFMIS Integrated Financial Management Information SystemIPCC Intergovernmental Panel on Climate ChangeKAA Kenya Airports AuthorityKDF Kenya Defence ForcesKeNHA Kenya National Highways Authority KeRRA Kenya Rural Roads AuthorityKFS Kenya Forestry Service KPA Kenya Ports AuthorityKNBS Kenya National Bureau of StatisticsKURA Kenya urban Roads Authority KWS Kenya Wildlife ServiceLPRC Land Policy Research CentreLUP Land Use PlanMDGs Millennium Development GoalsMoLHUD Ministry of Lands, Housing and Urban DevelopmentMoU Memorandum of UnderstandingMTP Medium Term PlanM&E Monitoring and EvaluationNIMES National Integrated Monitoring and Evaluation SystemNLC National Land CommissionNLIMS National Land Information Management SystemNLP National Land PolicyPESTEL Political Economic, Social, Technological, Environmental and LegalPMS Performance Management SystemRBM Results-Based ManagementSWOT Strengths Weaknesses Opportunities and ThreatsTDRs Traditional Dispute ResolutionsTOR Terms of Reference

Acronyms and Abbreviations

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O verview: Land is the mainstay of Kenya’s economy with 80% of the population deriving their livelihood

from agriculture. Key sectors of the economy also depend on accessibility and proper management of

land for sustainable development. The Kenya Vision 2030 recognizes land as a key factor of production. The

second Medium Term Plan (MTP) of Vision 2030 identifies key policy actions, reforms, programmes and projects

for implementation in the 2013-2018 period in line with its priorities. Majority of these projects identified require

land. Therefore based on strategic role of the National Land Commission in the implementation of the land

reforms as provided for in the Constitution and Kenya Vision 2030 and, the Second Medium Term Plan 2013-

2017, this plan is developed to align this role to dynamic operating environment and the strategic thinking of the

Government of Kenya.

The mandate of National Land Commission: The Sessional Paper No. 3 of 2009 on National Land

Policy proposed a National Land Commission to provide an efficient and equitable institutional framework for

land ownership, administration and management. The policy indicated that reforms are not likely to succeed in

the absence of a sound Constitutional framework. The National Land Commission is therefore an Independent

government Commission established under the Constitution of Kenya to manage public land on behalf of the

national and county governments. It is established under the National Land Commission Act, 2012.

Specific functions include: to manage public land on behalf of the National and County Government;

recommend a National Land Policy to the National Government; advise the National Government on a

comprehensive program for registration of title in land throughout Kenya; conduct research related to land and

the use of natural resources and make recommendations to appropriate authorities; initiate investigations on

its own initiative or on complaint into present or historical land injustices and recommend appropriate redress;

encourage the application of traditional dispute resolution mechanisms in land conflicts; assess tax on land and

premiums on immovable property in any area designated by law; monitor and have oversight responsibility over

land use planning throughout the Country; alienate public land; monitor the registration of all the rights and

interests in land; ensure sustainable management of land for their intended purpose and for future generation;

develop and maintain an effective land information management system at National and County levels; manage

and administer all unregistered trust land and unregistered community land on behalf of the county governments

and develop and encourage alternative dispute resolution mechanisms in land dispute handling and management.

Executive Summary

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The role of the Strategic Plan: This Strategic Plan was developed through a collaborative process

involving the Commission staff. The Plan provides a roadmap, framework, actions and institutional reforms that

the National Land Commission will implement within the next five years. While formulating this Strategic Plan,

a number of on-going conceptual issues regarding economic, social, political, governance and environmental has

been considered. The Strategic Plan articulates the Commission’s operations and outlines the medium term

strategies to achieve the goals and objectives of the Commission.

Strategic theme of the Plan: During the plan period, focus will be on the following strategic themes:

Conferment and management of land rights; National Land information management system; Land disputes

and conflict resolution; Sustainable management and use of land; and, Institutional capacity development and

management.

The vision, mission and core values: development of vision and mission statements is based on the legal

functions of the Commission. The Vision is: excellent administration and management of land for sustainable

development. The Mission is: To facilitate sustainable land use in Kenya through a holistic land policy, efficient

land management practices, equitable access to land, comprehensive land registration and applying appropriate

land dispute handling mechanisms. The Core Values are: Efficiency, Teamwork, Transparency and Accountability,

Innovativeness, Integrity and Professionalism.

Plan implementation and coordination: For effective implementation of this plan, Key Result Areas

(KRA) and strategies have been developed in order to actualize the legal and policy goals of the Commission.

KRAs are: Public land management and administration of land rights; National Land information management

system; Land disputes and conflict resolution; Sustainable management and use of land and natural resources; and

Institutional development and management;

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1.1 Historical Background

The centrality of land to human life made it the main reason for the struggle for Kenya’s independence from British colonial rule. Land has been and will continue to be the mainstay of Kenya’s economy. This

is because over 80% of the population derives livelihood from agriculture. This resource has continued to play a significant role in the socio-economic and political development of the country. Therefore, its ownership, allocation, distribution and utilization are of great concern to all Kenyans.

Grievances over land ownership in Kenya date back to colonial, post colonial and post independence era. The colonial objective was to entrench a dominant settler economy while subjugating the African economy through administrative and legal mechanisms. All land in Kenya (other than the 10-mile Coastal strip) was deemed to belong to the Crown (under the Crown Lands Act of 1902). The colonialists were therefore granted rights to own large chunks of land in the most agriculturally potential areas (the White Highlands) and the Africans relegated to the Native Reserves.

When it was clear that Kenya would eventually get independence, colonialists ensured that Property Rights Protection was guaranteed before the conclusion of the Lancaster House talks (1960 to 1962). This was in order to guarantee their settler position in independent Kenya and continue ownership of their large chunks of land, or have the right to dispose it gainfully.

In the late 1980s to about 2002, due to misuse of political power public land was illegally and irregularly allocated resulting to unequal access to land. in the late 1980s up to the 1990s, illegal and irregular land allocations also known as “land grabbing” intensified to the extent that land meant for public purposes was acquired by individuals and corporations.

1.2 Land in the Development Context

1.2.1 Africa Context on land issues

The Africa Union Heads of State and Government meeting in Addis Ababa, in July 2009 passed a resolution on the declaration on land issues and challenges in Africa recognizing the centrality of land to sustainable

socio-economic growth, development and the security of the social, economic and cultural livelihoods of the people. The member states resolved to ensure that land laws provide for equitable access to land and related resources among all land users including the youth and other landless and vulnerable groups such as displaced persons. There was also resolution to strengthen security of land tenure for women which require special attention. The member states specifically undertook to:• Prioritize, initiate and lead land policy development and implementation processes in our countries,

notwithstanding the extent of multi-stakeholder contribution to such processes involving also civil society, private sector.

• Support the emergence of the institutional framework required for the effective development and

Chapter OneI N T R O D U C T I O N

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implementation of land policy.• Allocate adequate budgetary resources for land policy development and implementation processes, including

the monitoring of progress. 1.2.2 National Context The Kenya Vision 2030 and the second Medium Term Plan (MTP) identify land as a vital factor of production in the economy, providing the foundation for economic activities such agriculture, water management, settlement, tourism, wildlife, forestry, among others. It is not only a critical factor in economic development but also in social, political and cultural development of the country. Therefore, secure access, sustainable land use planning and equitable distribution of land are important for food and nutrition security, attraction of foreign investments, employment generation, foreign exchange earnings, and industrialisation.

The Constitution makes fundamental changes in the guiding principles for the management of the resources in the country. The imperative of this is that, under the Vision 2030 and the MTP 2013-17 framework, a review of all policy, legal and institutional instruments will be required to ensure compliance and conformity of land administration and management interventions with the Constitution in a manner that supports achievement of the Vision 2030 objectives. The envisaged land reforms are classified as key enablers in the Kenya Vision 2030 upon which economic, social and political pillars have been anchored. The reforms are aimed at improving equitable access to land and ensuring better utilization of the natural resource. Therefore, efficient land administration and management through appropriate land use policies, legal, regulatory and institutional reforms cannot be overemphasised.

1.3 Initiatives towards land reforms in Kenya

Land plays a significant role in industrial and commercial developments while its use impacts heavily on environmental sustainability. However, previous challenges in the land sector in Kenya that required urgent

legal, policy and other reforms included the land colonial history, a proliferation of statutes governing ownership and use of land, broad socio-economic patterns and demographic trends that have continuously exerted pressure on usable land. Other issues in the land debate included the optimal economic use of land, rural and urban development, squatting, the quality and security of tenure and the protection of the environment.

There were many weaknesses in the previous Constitution with regard to land. The Constitution considered land merely as ‘property’, and failed to recognize its unique and complex nature. It also made no effort to deal with the legacy of unlawful acquisition of public land by the colonial administration, or the complexity of multiple legal land regimes including customary land tenure. Further, the Constitution failed to tackle the exclusion of women and indigenous groups from land ownership, and the problem of environmental degradation.

To address these ideological, legal and socio-economic challenges the following land reform initiatives were undertaken:• The Njonjo Commission of Inquiry into Land Law systems of 1999 was tasked with developing principles for

a National Land Policy framework, the Constitutional position of land and formulation of a new institutional framework for land administration.

• The Ndung’u Land Commission of June 2003: was tasked with investigating the illegal/irregular land allocations. The Commission’s report paved way for the current legal framework and reforms in the land sector.

• Sessional Paper No. 3 of 2009 on National Land Policy: was thus formulated to provide an overall framework and defined key measures required to address the critical issues of land administration, access to land, land use planning, restitution of historical injustices, environmental degradation, conflicts, unplanned proliferation of informal urban settlements, outdated legal framework, institutional framework and information management. The policy sought to address Constitutional issues, such as compulsory acquisition and development control as well as tenure. The need for security of tenure for all Kenyans including all socio-economic groups, women,

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pastoral communities, informal settlement residents and other marginalized groups are recognized in the policy.

• The Constitution of Kenya 2010: Land ownership, use and management was one of the key considerations in the Constitution. Chapter Five of the Constitution sets out principles governing land and also requires all laws relating to land to be revised, consolidated and rationalized within certain timelines. The following Acts have since been legislated to provide a comprehensive legal framework on land administration and management in Kenya;

• The National Land Commission Act, 2012• The Land Act, 2012• The Land Registration Act, 2012

The above Land laws ushered in a new institutional framework in land management and use. However, despite the progressive reforms, numerous legislations in the agriculture, forestry and wildlife conservation sectors remain un-repealed, thereby posing a challenge to consistence and comprehensive land reforms. Most significant of these are: The Land Control Act, and Distress for Rent Act.

• Kenya Vision 2030: the Vision 2030 and the second MTP framework stipulate policy, legal and institutional instruments required to ensure compliance and conformity of land administration and management interventions with the Constitution in a manner that supports achievement of the Vision 2030 objectives. The Vision identifies land reforms as key enablers aimed at improving fair access to land and ensuring better utilization of the natural resource. Therefore, efficient utilization of land resource calls for effective implementation of land reforms through appropriate land use policies, legal, regulatory and institutional reforms.

1.4 Justification for the development of the strategic plan

Development of Strategic Plans is part of the wider government reform agendas introduced in 2003. Strategic planning as a key component of the Results based management tool will facilitate the National

Land Commission focus towards achieving its policy and legal mandate of carrying out land administration and management efficiently, equitably and sustainably. It requires that sustainable and efficient utilization of public resources in the delivery of core Government services and in this case Constitutional land reforms, services and attainment of the national and internationally agreed goals are met.

This is the first Strategic Plan for the Commission. The Plan will provide the requisite roadmap for the Commission to implement its Constitutional mandate and initiatives, and tailored to meet the anticipated challenges while ensuring the achievement of the Kenya Vision 2030

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2.1 Overview

This chapter presents the institutional setup of the Commission including its mandate. Linkages between land management and administration, and other sectors of the economic as stipulated in the country’s economic

agenda, the Vision 2030 are also provided.

2.2 Background

The National Land Policy (NLP) as adopted by Parliament in December 2009 proposed establishment of an efficient and equitable institutional framework for land ownership, administration and management. The

policy states: the government shall establish a National Land Commission to carry out land administration and management efficiently, equitably and sustainably. The policy further stipulated that land policy reforms would not succeed in the absence of a sound Constitutional framework. Section 41 of the National Land Policy requires that the Constitution shall provide for the establishment of a National Land Commission (NLC) to carry out efficient, equitable and sustainable land administration and management.

Consequently, NLC was adopted as a Constitutional body under Chapter Fifteen of the Constitution (on Commissions and Independent Offices) and it has the powers, privileges and authority as accorded to such commissions under the Constitution. Moreover, the National Land Commission is established under Article 67 of the Constitution. Apart from the obligations outlined in the Constitution and the National Land Policy (NLP), the mandate of the Commission stretches to the various functions assigned to it by the various Land Laws including the National Land Commission Act, 2012, the Land Act, 2012 and the Land Registration Act, 2012.

2.3 Mandate of the National Land Commission

The broad mandate of the Commission is derived from the Constitution of Kenya 2010 and the enabling statutes; namely the National Land Commission Act, 2012, Land Act, 2012 and the Land Registration Act,

2012. Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following thirteen principles listed in table 2.1 below.

Chapter TwoI N S T I T U T I O N A L S E T U P O F T H E N A T I O N A L L A N D C O M M I S S I O N

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Table 2:1 Principles of land administration and management (Article 60(1) and Land Act sec. 4(2))NO PRINCIPLE1. Equitable access to land;2 Security of land rights;3 Sustainable and productive management of land resources;

4 Transparent and cost effective administration of land;5 Sound conservation and protection of ecologically sensitive areas;6 Elimination of gender discrimination in law, customs and practices related to land and property in land;7 Encouragement of communities to settle land disputes through recognized local community initiatives

consistent with this constitution (traditional dispute resolution mechanisms – TDR);8 Participation, accountability and democratic decision making with the communities, the public and the

Government;9 Technical and financial sustainability;10 Affording equal opportunity to members of all ethnic groups;11 Non-discrimination and protection of the marginalized;12 Democracy, inclusiveness and participation of the people; and13 Alternative Dispute Resolution (ADR) mechanisms in land dispute handling and management.

Underlying the values and principles of land is Article 40 of the Constitution that guarantees every Kenyan, ownership of property in any part of the country. Thus every person has the right, either individually or in association with others, to acquire and own property of any description; and in any part of Kenya. NLC is the de-facto Commission charged with bringing about land reforms as expounded below in the following three Acts. These Acts provide for an institutionally balanced national land government framework with significant transfers of functions and authority to the Commission as delineated below in the Constitution (2010); National Land Commission Act (2012); the Land Act (2012) and the Land Registration Act (2012). The broad mandate of the National Land Commission can be categorized as per the following constitutional and statutory functions:

The nine functions under the Constitution of Kenya 2010 Article 67 (2, 3)1. Manage public land on behalf of the national and county governments; 2. Recommend a national land policy to the national government; 3. Advise the national government on a comprehensive programme for the registration of title in land throughout

Kenya; 4. Conduct research related to land and the use of natural resources, and make recommendations to appropriate

authorities; 5. Initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and

recommend appropriate redress; 6. Encourage the application of traditional dispute resolution mechanisms in land conflicts; 7. Assess tax on land and premiums on immovable property in any area designated by law; 8. Monitor and have oversight responsibilities over land use planning throughout the country; and9. Perform any other functions prescribed by national legislation.

It is important to note that the ninth Constitutional function is what gives rise to all the other functions in the various Acts. Thus, all the other statutory functions are directly hinged into the Constitution, giving them strength of the Constitution.

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The twelve functions under the National Land Commission Act 2012

1. Alienate public land,on behalf of, and with the consent of the national and county governments;2. Monitor the registration of all rights and interests in land; 3. Ensure that public land and land under the management of designated state agencies are sustainably managed

for their intended purpose and for future generations; 4. Develop and maintain an effective land information management system at national and county levels; 5. Manage and administer all unregistered trust land and unregistered community land on behalf of the county

government; 6. Develop and encourage alternative dispute resolution mechanisms in land dispute handling and management;7. Ensure all unregistered land is registered within 10 years;8. Within five years, of commencement of this Act, on its own motion or upon a complaint by the national

or a county government , a community or an individual, review all grants and dispositions of public land to establish their propriety or legality;

9. Within two years, upon appointment recommend to parliament appropriate legislation to provide for investigation and adjudication of claims arising out of historical land injustices;

10. The Commission shall establish offices in the counties and may establish other offices in the sub-counties as it may consider necessary;

11. In consultation and cooperation with the national and county governments establish county land management boards for the purpose of managing public land in accordance with Section 18(1) of the NLC Act; and

12. The Commission shall make regulations for the better carrying out of its functions, and such regulations shall be tabled in Parliament for approval.

The thirty-five functions under the Land Act, 2012

1. Identify, prepare and keep a database of all public land;2. Share data with the public and relevant institutions in order to discharge their respective functions and powers;3. Recommend policies on land to the Cabinet Secretary who will develop them; 4. Cause a register on public land to be kept; 5. Make rules on conversion of land, and these rules to be tabled in Parliament;6. Regulate and control the conversion of land from one category to another;7. Prescribe guidelines for the management of public land by all public agencies, statutory bodies and state

corporations in actual occupation or use of public land; 8. Maintain public land that has endangered or endemic species of flora and fauna, critical habitats or protected

areas;9. Identify and demarcate ecologically sensitive areas that are within public lands and prevent environmental

degradation and climate change in consultation with existing institutions on conservation;10. Allocate public land on behalf of the National and county governments; 11. Set aside land for investment purposes ensuring that investments in the land benefit local communities and

their economies; 12. In consultation with the National and county governments, allocate land to foreign governments on a

reciprocal basis in accordance with the Vienna Convention on Diplomatic Relations; 13. Make regulations prescribing the criteria for allocation of land and for connected matters;14. Make rules for extension of leases;15. Issue public notices before allocation of public land;16. In connection with the national and county governments, reserve land for public interest; 17. Undertake an inventory of all land based natural resources; 18. Approve plans for the development, management and use of reserved public land vested in a management

body but in compliance with relevant law on development control;19. Make rules and regulations for the sustainable conservation of land based natural resources; 20. Grant licences for temporary use of public land;

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21. Receive rents, royalties in respect to leases or licences; 22. Receive requests from national or county government to compulsorily acquire land on their behalf in public

interest or public use;23. Prescribe criteria and guidelines to be adhered to by the acquiring authorities in the acquisition of land;24. Make rules to regulate the assessment of just compensation in regard to compulsory acquisition; 25. Hold inquiry, award and promptly pay a just compensation before taking possession of the acquired land; 26. Implement settlement programmes on behalf of the national and county governments; 27. Reserve public land for the establishment of approved settlement programmes;28. Assist the national and county governments in the adminstration of settlement programmes; 29. Purchase private land for settlement (where public land is not available) subject to the Public Procurement and

Disposal Act, 2005 or any other law;30. Determine sum of money to be paid by settlement beneficiaries; 31. Administer Land Settlement Fund; 32. Consult and co-operate with the departments responsible for land, finance, agriculture, environment and

natural resources, and special programmes and with the relevant county government; 33. Power to create a right of way which shall be known as public right of way;34. Duty to order unlawful occupiers of public land to vacate them; and 35. Duty to order persons who wrongfully obstruct public rights of way and those who encroach on public rights

of way to either vacate and/or remove the obstructions.

The six functions under the Land Registration Act, 2012

1. Constitute registration units in consultation with national and county governments;2. Determine the form of a land register that shall be maintained, in each registration unit; 3. Appoint a date for geo- referencing plans to be kept in a land registry;4. Be a depository for maps: the office or authority responsible for the survey of land shall submit to the

Commission a copy of the cadastral maps for depositing; 5. Prescribe (through regulations) guidelines that the Registrar shall follow before rectifying or directing

rectification of a register or document where the document in question has been obtained by fraud; 6. Advise Cabinet Secretary in making regulations, rules or prescribing any matters required under this act and

such regulations or rules shall be tabled before parliament for approval.

The above functions can be grouped into four main fundamental areas:i. The administration and management of land;ii. Ensuring that all unregistered land is registered;iii. Historical land injustices are attended to; andiv. Review all grants or dispositions (titles, leases, deeds, transfers) of public land to ensure their propriety or

legality.

The foregoing Acts provide the grounds for a robust legal framework for gender equitable land rights as augmented by the Constitution. There is need for the NLC in partnership with other stakeholders particularly government legislative bodies to work together in improving the legal framework governing land with the primary goal of facilitating land reforms and improving land tenure security especially for those living in informal settlements; rural poor and marginalized communities. To carry out these vital land reforms as illustrated above, the Commission is guided by the powers presented in table 2.2 below. Such powers include but are not limited to those presented.

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Table 2:2 Powers of the National Land Commission No. POWERS

1. Gather by such means as it considers appropriate , any relevant information including requisition of reports , records, documents , or any other information from any source, including and State organ, and to compel the production of such information where it considers necessary;

2. Hold inquires for purposes of performing its functions under the National Land Commission Act;3. Take any measures it considers necessary to ensure compliance with the principles of land policy set out

in Article 60 of the Constitution;5. May inform itself in such manner as it may consider necessary;6. May receive written or oral statements;7. It is not bound by strict rules of evidence;8. May exercise any other powers prescribed by legislation , in addition to the powers conferred by the

constitution;9. Powers necessary for conciliation, mediation and negotiation;10. Powers to recruit its own staff;11. Power to issue a summons to witness to assist for the purposes of its own investigation;12. Where the Commission finds that a title was irregularly acquired, the Commission shall take appropriate

steps to correct the irregularity and may also make consequential orders’13. Right to entry into public land;14. Have power to enter and inspect land identified for compulsory acquisition to ascertain suitability of the

land as provided for in section 108(1) of the Land Act.15. The NLC shall have power to make regulations to secure the land rights of the minority communities, to

prevent and manage land-based disasters, to establish, plan and manage refugee camps, to deal with issues that arise from IDPs in accordance with section 160(2) of the Land Act.

16. The NLC shall also have the power to make regulations with respect to squatters;i. To establish appropriate mechanisms for their removal from unsuitable land and settlement;ii. To facilitate negotiation between private owners and squatters in cases of squatter settlements found

on private land;iii. To transfer un-utilized land and land belonging to absentee land owners to squatters; andiv. To facilitate the regularization of existing squatter settlements found on public and community land

for purposes of upgrading or development.

2.3 Linkages with other Sectors of the Economy

The National Land Policy recognises land has several values including economic, cultural, social and environmental, and makes proposals for the realization of these multiple values. It stipulates that tenure

as a means to access land is central to the realization of these values. The land sector, its administration and management is intricately linked to other sectors/activities including strategies to manage emerging issues in the economy like climate change. The import of the linkages below is that the land sector cannot be managed in isolation of what goes on in the other sectors, and vice versa. Therefore, the strategic plan envisages an integrated management approach to Land administration and management.

2.3.1 Agriculture

Agriculture is the mainstay of Kenya’s economy, contributing 24 % of the GDP (GoK, 2011). The Agriculture Act (Cap 318) of 1986 focuses on sustainable agricultural practices in order to protect and conserve the country’s environment. A major characteristic of the Agriculture Development Strategy is to transform land use to ensure better utilization of high and medium potential lands and to increase the productivity and development

18 1919

of the Arid and Semi-Arid Lands (ASALS). Reforms in land administration and management will take cognizance of this direction of resource management in the agricultural sector, which is clearly amplified in the Land Policy and the related Land laws.

2.3.2 Commerce, Industry and Infrastructural Development. The majority of Kenya’s human populations are living in the rural areas, practicing subsistence agriculture as a means of livelihood, and as the major land use. For future economic growth, there will be need to promote non-land based economic activities. Land use planning will be critical in providing for these needs. A balance of land use must therefore be identified, so that these developments are not at the expense of food security. The Commission will implement its mandate of oversight responsibility in land use planning throughout the country, including providing guidance on land use policy to the National Government. Global needs of the economy, especially for land and sustainable management of the same will be of priority.

2.3.3 Infrastructure Vision 2030 prioritized improved infrastructural network to connect different parts of the country through the establishment of roads, railways, ports, airports, waterways and telecommunications. Such infrastructural networks will promote the involvement of the private sector in National development, including in the Land sector. These developments must be planned well to avoid negatively impact on other land uses and the environment. This calls for the integration of the various sectoral plans into the broader National Land use plans. Establishment and management of a National Land Information Management System (NLIMS) will facilitate comprehensive land use planning that will also direct planning at the County levels. This will cater for the various forms of infrastructure such as settlements, energy, water, health facilities, schools, churches etc.

2.3.4 Natural Resource management Kenya is endowed with natural resources such as wildlife, forests, minerals, water and biodiversity, and recently, oil deposits; all based on land. Wildlife is an important aspect of the tourism Industry. Kenya Wildlife Service (KWS) is charged with the management of Parks, Wildlife, conservation areas and sanctuaries, and development of benefit sharing mechanisms with communities living with wildlife. KWS is also required to advise National Land Commission on establishment of parks, conservancies and sanctuaries. On the other hand Kenya Forest Service (KFS) is charged with the management of all forests, while the Water Resource Management Authority (WARMA) is charged with the management of water resources. NLC envisages developing the Community Land bill, 2013, besides implementing several land reforms. The Bill will provide mechanisms for the management of community land and related resources, including benefit sharing arrangements.

One of the Constitutional functions of the National Land Commission is to manage public land on behalf of the National and County Governments. Most of these resources are on public land. Therefore, the Commission has oversight responsibilities over all agencies charged with the management of natural resources e.g. Wildlife, Forests, Minerals, Water. The Wildlife Bill, 2013 makes proposals to address sustainable conservation of Wildlife. NLC will partner and collaborate with all stakeholders in wildlife conservation to resolve conflicts between humans and animals which are partly associated with land administration. The Commission will also monitor management of other natural resources. To achieve this, natural resource management has been institutionalized in the Commission’s establishment. In this strategic plan period, the responsible directorate will establish partnerships with all natural resource line managers, including counties to ensure that resources are used and managed sustainably.

2.3.5 Environment and Natural Resources exploitation Most activities that drive economic development are based on natural resources, and therefore on land, due to the latter hosting most of these resources. Most forms of development have negative impacts on the

2020 21

environment, making the linkage between management of land and environment complicated. Therefore land management must be supported by effective environmental management guidelines and regulations. Poor environmental management has resulted in negative impacts such as pollution, over-exploitation and climate change, which compromise productivity of land, and all resources associated with it.

Increasing human population continues to cause environmental degradation. In implementing the planned land reforms the Commission will through its oversight responsibility ensure that all developments on land are productive and sustainable. As the Commission focuses on the natural resources, the impact of resource utilization and management on the environment will be of priority.

2.3.6 National Culture and Heritage The Constitution mandates the State to protect heritage sites and the culture of indigenous communities. It recognizes customary practices as far as property and user rights are concerned. The ownership of ancestral lands and the attached resources is the foundation of the integrity of the people’s culture. The Commission will therefore develop a Community Lands Bill to bring to the fore concerns of community over land and allied natural resources.

2.3.7 Information, communication and legal Management of land has linkages with the information and communications sector, especially regarding the control and regulation of these sectors. Development of National Land Information Management System (NLIMS) will be a reality if issues of information, data integrity, security, access and retrieval are streamlined, accompanied with suitable legal safeguards. The Commission will consolidate the legal gains for effective realisation of the envisaged land reforms. NLIMS will enhance access to land information for effective and efficient decision making necessary for sustainable land administration and management.

2.3.8 Climate change Global climates will influence the future of the global economy, ecosystems and livelihoods of the rich and the poor (IPCC, 2007). Variations in climatic factors such as rainfall are bound to impact on productivity and shift the suitability of areas for current crops. Land-use guidelines to be developed by the Commission will factor climate change adaptation mechanism in the management of resources.

2.3.9 Population and livelihoods Population, livelihoods and land use are linked. The country’s population is heavily dependent on land as a principal source of livelihoods. By 2030, population is projected to be about 60 Million (KNBS, 2011). This population will present a challenge to sustainable development goals such as the Millennium development goals (MDGs). Population increase will also influence settlement patterns with people moving into new areas, such as the ASALS, intensifying rural- urban migrations, forest encroachment, clearing of natural vegetation, decrease of agricultural productivity due to change of land use, and increase in water abstraction rates. These pose challenges to implementation of effective land administration and management strategies.

2.3.10 Energy A greater section of the population relies heavily on biomass (fuel wood) as a major source of energy. This dependency is threat to forests, besides being a cause of climate change. Fossil based fuels are expensive and not environmentally friendly. However, impacts of the investments on the environment and natural resources will need monitoring by the Commission.

2.4 Enabling policy and legal framework

The above linkages necessitate that several policies and laws be reviewed for the lands sector to perform efficiently and effectively as required. The Kenya Communication Amendment Act, 2008 will facilitate

digital management of land. The ASAL Development Policy, Informal Settlement Policy, Irrigation Policy,

20 212121

industrialization policy, the National Housing Policy, National Urban Development Policy are some of the policies that need review. The Land registration Act, 2012 will be reviewed and NLC will take stock of the relevant policies and laws to ensure they are facilitative.

22 232222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222

22 2323

3.0 Overview

This chapter evaluates the Strengths, Weaknesses, Opportunities and Threats (SWOT) and identifies Political, Economic, Social, Technological, Environmental and Legal (PESTEL) factors critical in the achievement of

this Strategic Plan. A stakeholder’s analysis is also presented, highlighting areas of linkages with the Commission.

3.1 SWOT Analysis

This is an evaluation of internal and external environments with a view to identify the Commission’s organizational strengths and weaknesses, and the opportunities and threats. This analysis will enable the

Commission find a mechanism of matching the external environmental trends (Opportunities and Threats), and the internal capacities (Strengths and Weaknesses). The table 3:1, below is a summary of the analysis.

Table 3:1 SWOT ANALYSIS

STRENGTHS WEAKNESSES • Clear mandate on land derived from the Constitution

and the National Land Commission; the Land Act, and the Land Registration Act and the National Land Policy

• Facilitative legal, policy and institutional framework;

• Professional knowledge and skilled staff that represents the diversity of Kenya;

• Constitutional provision for funding (Article 249 (3)

• Visionary leadership;

• Stakeholder support;

• Existence of policy to create a Land Policy Research Centre

• Multiplicity of Legislation (Acts) touching on land management and land use;

• Inadequate financial and human resources;

• Inadequate infrastructure facilities and equipment to facilitate institutional development;

• Low level awareness by the public on the mandate and role of NLC;

• Undeveloped operational procedures and processes;

• Manual records management system;

OPPORTUNITIES THREATS

• Kenya Constitution, 2010 and the devolved governance system

• Commitment to the attainment of the Kenya Vision 2030 by the Government

• Conflicts in the land use and tenure security

• High public expectations of the Commission;

S I T U A T I O N A N A L Y S I S

Chapter Th ree

24 25

OPPORTUNITIES THREATS

• Facilitative networks with development partners

• Good will on resource mobilisation;

• Public goodwill and support;

• Already existing lead agencies in the management of public land;

• Strong collaboration with professional institutions and bodies;

• Developed collaboration mechanisms between partners/stakeholders;

• Parliamentary support;

• Devolution to facilitate effective land administration and management to the grassroots;

• Strong collaboration with other Constitutional Commissions and agencies

• Increased demand for land services

• Availability of modern information technology;

• Deep rooted land injustices

• Varied interests in land management and administration

• Legal suits/Litigations due to conflicting land interests

•Data/information insecurity;

• Unpredictable budgetary cuts;

• Insatiable demand for land due to high attachment;

• Competing land resource management institutions;

• Inadequate political goodwill, and

• Scattered geo-spatial data

• Corruption

• Increased awareness and information on land matters in the East African Region; and

• Emerging partnership and engagement framework

3.2 PESTEL ANALYSIS

Political, Economical, Social, Technological, Environmental and Legal (PESTEL) core subjects were analyzed

to determine the extent to which they would affect positively or negatively the strategies to realise the

mandate of the Commission. The table 3:2, below summarizes the core subjects, related issues and possible value

of influence and mitigation strategies.

2424

24 252525

2626 27

Table 3:2 PESTEL ANALYSIS

FACTOR ELEMENTS IMPACTS ON OPERATIONS ANLC

Political • The democratic space and the dual governance structure resulting from the 2010 Constitution

• Politicizing land issues • Legislation• Political instability in some parts of the region• Regional and international treaties and agreements in

which Kenya is a party• Membership to the EAC• Statutes on International Boundaries

• Competing interests touching ogovernment may derail effective

• Constant refocusing on the land q• Conflicting legislation• Land Banking• Conflicting international and nati

administration and management

Economical • High levels of poverty• High levels of youth unemployment• Speculative demand for land• Food insecurity• Urbanisation and uncoordinated planning.

• Unrealistic increases in land price• Uncoordinated development due

Social • Rapid Population growth• Conflicts in land use• Landlessness and unemployment• Lack of respect for boundary markings• Increase in informal settlements• Increase in levels of education• traditional and community approaches on issues touching

on land in some parts of the country• Changing perception towards land in terms of natural

resource conservation

• Encroachment due to high popdemand for land.

• Complication on equity and acces• Inconsistencies between commun

and current land laws and policon the implementation of the le

Technological • Manual system on land data/information management• Emerging technologies on land use• Emergence of innovations in GIS Technology

• Inefficient Service delivery• Emerging security threats due to

Environmental • Climate change- global warming• Lack of effective policies• Environmental disasters• Land degradation• Encroachment on fragile ecosystems and water

catchments• Sub-division of land into uneconomic sizes

• Weak enforcement and implemanagement and conservationeffective land management

• Difficulty in securing wetlands an

Legal • Backlog in land cases• Inadequate capacity by the County governments to

enforce land development conditions• Unauthorized encroachment on private land Inadequate training for the CLMBs

• Conflicting interest Slowed down• Difficulties in land administration

26 2727

NS AND ACHIEVEMENTS OF MITIGATION STRATEGIES

hing on land at the two levels of ective implementation of mandateland question for political mileage

d national interest in respect to land ement

• NLC is the oversight advisory and supervisory body for implementation of land matters by the two levels of government and enhance collaboration between the two levels of government on land matters.

• NLC to review and qualify political proposed strategies to address the Land Question/Land Answer in political parties’ agenda before manifestos are presented to the registrar of political parties.

• Institutional strengthening to strategically position the NLC as a competent authority on land.

Review and harmonize conflicting legislations• Creation of land for settlement of refugees- in consultation with the County

governments• Institution of strong bilateral and multilateral negotiating mechanisms on ratification

of treaties and agreements• Enhancement of Regional cooperation where NLC shall be a consultative body.

d pricesnt due to planning challenges

• Awareness creation on land use, land rights and natural resource management.• Collaboration with county governments on land matters.• NLC will exercise legislative powers to reserve land for investments in collaboration

with county governments• Develop national and county land use spatial plans

population growth and thus high

access to land and natural resource,mmunity beliefs on land ownership policies may have negative impact

the legal instrument.

• Enforcement of Planning practices• Provision of oversight role on land use planning to prevent conflicts in land use• Development of activities to work and network with communities.•Development and implementation of awareness creation, education and advocacy

programmes , on land laws.• Fast track enactment of the Community Land Bills

ue to the collapse of land use plans• Digitization of land records• Promotion of public utilization of emerging technology platforms• Constant review of land use plans in line with technological changes

mplementation of environmental vation programmes is a threat to

nds and fragile ecosystem.

• Review of policies and legislations• Development of strategies that mainstream measures to address climate change.

down land reformsration and management

• Institutionalization of atrong legal backing system• Harmonization of policies and laws relating to land management and land based

resources• Collaboration with the Judiciary• Legitimizing other Alternative Dispute Resolution mechanisms

28 29

3.3 Stakeholder Analysis

The Commission commits to working with various stakeholders that include public and private sectors, development partners, civil societies and the general public in land administration and management.

Partnerships with stakeholders have the potential to impact on the Commission’s effectiveness and efficiency. Stakeholder categories and areas of interests are analysed as follows:

Figure 3:1 Stakeholders Categories

228

28 2929

STA

KE

HO

LDE

RN

LC’S

IN

TE

RE

STS

STA

KE

HO

LDE

R’S

IN

TE

RE

STS

GE

NE

RA

L PU

BLI

C•

Act

ive

part

icip

atio

n/ in

volv

emen

t and

acc

ount

abili

ty c

heck

s.•

Impl

emen

tatio

n; A

war

enes

s cr

eatio

n an

d C

usto

dian

s of

land

and

its

know

ledg

e.•

Arb

itrat

ion-

• E

ffic

ienc

y in

land

adm

inis

trat

ion

and

man

agem

ent

• Fa

ir an

d eq

uita

ble

dist

ribut

ion

of la

nd

GO

VE

RN

ME

NT

M

INIS

TR

IES,

D

EPA

RT

ME

NT

S &

A

GE

NC

IES

• Im

plem

enta

tion

of p

olic

ies,

regu

latio

ns, g

uide

lines

and

pro

gram

s to

sup

port

la

nd re

form

.•

Ow

ners

hip

and

impl

emen

tatio

n of

NLC

pro

cedu

res

and

guid

elin

es o

n La

nd

mat

ters

.•

Rev

iew

and

har

mon

ize

the

law

s on

land

mat

ters

.

• C

oope

ratio

n an

d co

nsta

nt c

onsu

ltatio

n on

la

nd m

atte

rs•

Mai

nstr

eam

ing

land

refo

rm in

thei

r pro

gram

s•

Col

labo

ratio

n in

pol

icy

form

ulat

ion,

legi

slat

ive

revi

ews,

advo

cacy

, exc

hang

e of

lite

ratu

re, d

ata

and

cond

uctin

g re

sear

ch o

n m

atte

rs la

nd,

incl

udin

g ge

nder

land

righ

ts.

PAR

LIA

ME

NT

• E

ndor

se p

olic

ies,

proc

edur

es a

nd re

gula

tions

Legi

slat

e on

Lan

d re

late

d la

ws

• Pr

ovis

ion

of a

dequ

ate

budg

et

• B

riefin

gs re

port

s an

d pr

ovis

ion

of le

gisl

ativ

e ag

enda

.

CO

UN

TY

GO

VE

RN

ME

NT

S•

Ow

ners

hip

and

impl

emen

tatio

n of

NLC

pro

cedu

res

and

guid

elin

es o

n La

nd

mat

ters

Res

ourc

e M

obili

zatio

n –

adeq

uate

Bud

geta

ry a

lloca

tion

to la

nd re

form

s. C

onsi

dera

tion

for a

dequ

ate

budg

etar

y al

loca

tions

Impl

emen

tatio

n of

edu

catio

n an

d aw

aren

ess

crea

tion

prog

ram

mes

on

land

re

form

sH

ousi

ng C

ount

y La

nd M

anag

emen

t Boa

rds

Est

ablis

hmen

t and

ope

ratio

nalis

atio

n of

the

Land

Boa

rds

(Vet

ting

&

Rec

omm

endi

ng L

and

boar

d M

embe

rs).

Iden

tify

and

zone

land

for s

ettle

men

t and

pub

lic b

enef

it•

Supp

ort i

n th

e im

plem

enta

tion

and

mai

nstr

eam

ing

of la

nd a

dmin

istr

atio

n an

d m

anag

emen

t in

coun

ty p

olic

ies

and

legi

slat

ive

fram

ewor

k

• Le

ader

ship

on

land

man

agem

ent &

ad

min

istr

atio

n•

Reg

ular

con

sulta

tions

and

tech

nica

l sup

port

an

d re

spon

siven

ess

• T

imel

y re

spon

ses

PRO

FESS

ION

AL

BO

DIE

S•

Prof

essi

onal

ism

and

bes

t pra

ctic

es in

Lan

d us

e an

d ad

min

istr

atio

n.•

Prov

isio

n of

tech

nica

l exp

ertis

e, e

thic

s an

d st

anda

rds

• Id

entif

y ga

ps in

lega

l and

land

pol

icie

s, pr

ofes

sion

al c

apac

ity b

uild

ing;

re

sear

ch p

artn

ers

and

linka

ges,

mon

itorin

g an

d ev

alua

tion

of p

ract

ices

for l

and

use.

• A

dher

ence

to p

rofe

ssio

nal c

ode

of c

ondu

ct

and

ethi

cal s

tand

ards

• E

ffic

ient

and

eff

ectiv

e in

corp

orat

ion

in

impl

emen

ting

NLC

man

date

.

Ta

ble

3.3

S

TA

KE

HO

LD

ER

S A

ND

NL

C’S

IN

TE

RE

ST

S

3030 31

STA

KE

HO

LDE

RN

LC’S

IN

TE

RE

STS

STA

KE

HO

LDE

R’S

IN

TE

RE

STS

ME

DIA

• O

bjec

tive

info

rmat

ion

on is

sues

rela

ting

to la

nd re

form

to e

nhan

ce th

e vi

sibi

lity

of N

LC a

nd d

isse

min

ate

info

rmat

ion

abou

t its

wor

k•

Fair

com

mun

icat

ion

and

prof

essi

onal

bra

ndin

g an

d ar

ticul

atio

n of

NLC

fu

nctio

ns•

Publ

ic p

artic

ipat

ion,

edu

catio

n &

aw

aren

ess.

• M

ains

trea

min

g la

nd c

once

rns

in p

ublic

deb

ates

.

• Po

sitiv

e en

gage

men

t•

Part

ners

hip

and

acce

ss to

NLC

info

rmat

ion.

• P

rom

otio

n of

edu

catio

n an

d aw

aren

ess

crea

tion

prog

ram

mes

on

issu

es o

f la

nd re

form

.

IND

EPE

ND

EN

T

CO

MM

ISSI

ON

SA

ND

TA

SK F

OR

CE

S

• Pa

rtne

rshi

p an

d ex

perie

nce

shar

ing.

• Pr

ovid

e co

-coo

rdin

atin

g an

d fa

cilit

ativ

e su

ppor

t to

enha

nce

prom

otio

n an

d pr

otec

tion

of la

nd ri

ghts

.•

To re

sear

ch, m

onito

r and

repo

rt o

n la

nd in

just

ices

• Pr

omot

ion

of A

ltern

ativ

e D

ispu

te R

esol

utio

ns (

AD

Rs)

and

Tra

ditio

nal

Dis

pute

Res

olut

ion

(TD

Rs)

mec

hani

sms

• Pu

blis

hing

of

repo

rts

on s

tatu

s of

land

refo

rms.

• St

eadf

astn

ess

and

inde

pend

ence

of

NLC

• R

edre

ss in

land

mat

ters

for v

ulne

rabl

e an

d m

argi

naliz

ed g

roup

s.•

Prog

ress

repo

rts

on la

nd re

form

s an

d th

e la

nd ri

ghts

.•

Prom

otio

n of

the

Con

stitu

tion

and

land

righ

ts a

dvoc

acy.

• Pr

ovis

ion

of a

dvis

orie

s, op

inio

ns a

nd re

com

men

datio

ns o

n la

nd•

Dev

elop

men

t of

stan

dard

s fo

r rea

lizat

ion

of la

nd re

form

sC

IVIL

SO

CIE

TY

O

RG

AN

ISA

TIO

NS

• C

omm

unity

em

pow

erm

ent;

awar

enes

s cr

eatio

n; c

apac

ity b

uild

ing;

reso

urce

m

obili

zatio

n;•

advo

cacy

net

wor

king

; lin

kage

s an

d in

form

atio

n di

ssem

inat

ion;

lobb

ying

an

d as

sist

ance

• E

ngag

emen

t and

wat

chdo

g fu

nctio

n

• Fa

irnes

s an

d ef

ficie

ncy

in N

LC o

pera

tions

PRIV

AT

E S

EC

TO

R/R

EA

L E

STA

TE

DE

VE

LOPE

RS

• Pa

rtne

rshi

ps in

reso

urce

mob

iliza

tion.

• Pr

ovis

ion

of in

vest

men

t and

tech

nolo

gy.

An

enab

ling

envi

ronm

ent

• Le

vera

ge o

n la

nd s

ecto

r for

pru

dent

inve

stm

ent a

nd p

rom

pt

resp

onse

to in

vest

men

t cha

lleng

es

• A

n en

ablin

g en

viro

nmen

tJU

DIC

IARY

• C

onst

itutio

nal a

nd le

gal i

nter

pret

atio

n an

d ad

vice

on

land

mat

ters

.•

Est

ablis

hmen

t of

Land

and

Env

ironm

ent c

ourt

s in

eve

ry c

ount

y.•

Dev

elop

men

t of

a fr

amew

ork

for t

he o

pera

tion

of A

DR

s/ T

DR

s m

echa

nism

Cap

acity

bui

ldin

g on

TD

Rs

• A

dher

ence

to C

onst

itutio

nalis

m a

nd e

thic

al v

alue

s in

the

refo

rm p

roce

ss•

Cap

acity

bui

ldin

g on

TD

Rs

DE

VE

LOPM

EN

T

PAR

TN

ER

SR

esou

rce

Mob

iliza

tion

and

finan

cial

/tec

hnic

al S

uppo

rt•

NLC

eff

icie

ncy

in g

over

nanc

e an

d ad

here

nce

to p

roce

dure

s an

d pr

oces

s ef

fect

iven

ess

ED

UC

AT

ION

A

ND

RE

SEA

RC

H

INST

ITU

TIO

NS

• Pa

rtne

rshi

ps in

rese

arch

• C

apac

ity b

uild

ing

& s

kills

dev

elop

men

t on

Land

mat

ters

• Pa

rtne

rshi

p/ C

olla

bora

tions

• La

bour

Mar

ket

FAIT

H B

ASE

D

OR

GA

NIS

AT

ION

S•

Col

labo

ratio

n,•

Civ

ic E

duca

tion

• La

nd C

onfli

ct M

edia

tion

• Fa

cilit

atio

n th

roug

h is

suan

ce o

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30 3131

4.1 Overview

This is the Commission’s first Strategic Plan (2013-2018). The Plan will endeavor to address critical issues that will facilitate the commission to implement its mandate.

The chapter outlines a linkage between the mission of NLC and its performance and reporting as stipulated in the Constitution. The Vision and mission statements constitute the broad outlook for executing the mandate that is well defined in the various legal documents. The Commission recognizes that it must anchor its operations on certain principles and core values. Therefore implementation of the strategic objectives and strategies will be guided by the Vision; Mission; Core Values; and Key Result Areas (KRAs).

4.2 Vision

Excellent administration and management of land for sustainable development

4.3 Mission

To facilitate sustainable land use in Kenya through a holistic land policy, efficient land management practices, equitable access to land, comprehensive land registration and applying appropriate land dispute

handling mechanisms.

4.4 Core Values

EfficiencyTeamwork

Transparency and AccountabilityInnovativeness

Zero Tolerance to CorruptionIntegrity

Professionalism

Motto

Our Land, Our Wealth, Our Heritage“Ardhi Yetu, Mali Yetu, Urithi Wetu”

4.5 Key Result Areas, Strategic Objectives and Strategies

For effective implementation of this Strategic Plan, the commission will focus on the following key results areas.

Chapter FourS T R A T E G I C D I R E C T I O N

3232 33

Table 4:1 Key Result Areas, Strategic Objectives and Strategies KEY RESULT

AREAS

STRATEGIC

OBJECTIVES

STRATEGIES

Public land administration and management

To facilitate access and use of land for socio-economic and environmental sustainability

• Review of grants and dispositions upon development of regulations and procedures for the reviews.

• Guaranteeing of ownership and security of tenure.• Regularization of land rights.• Development and coordination of an advocacy

and public education programs and information dissemination on the role of NLC and benefits of land reform

National Land Information Management System

To enhance secure storage, access and retrieval of land and land resource data and information

• Development, establishment and maintenance of National & County Land Information Management Systems.

• Validation and reconstruction of existing land records.• Promotion of research on land.

Land disputes and conflict resolution

To facilitate an equitable and secure access to land and land based resources

• Establishment of legislations and procedures for addressing land disputes.

• Development of dispute resolution mechanisms.

Sustainable management and use of land and natural resources

To promote optimal use of land for the benefit of the society

• Monitoring of land use plan (LUP) at National and County levels.

• Monitoring of natural resource management.• Development control and enforcement.• Development and implementation of a stakeholders’

engagement strategy.• Development and harmonization of policies.

Institutional development and management

To develop capacity to enhance efficiency and transparency in service delivery

• Automation of NLC procedures and processes• Development of Capacity of NLC• Development and implementation of a revenue

generation mechanisms• Development and implementation of a resource

mobilization strategy• Formulation of policies and procedures• Operationalize county land management boards• Development and implementation of a risk

management framework• Development and implementation of a communication

strategy

32 333333

3434 35

5.1 Introduction

Implementation of this Strategic Plan will require innovativeness, commitment and teamwork among staff and Commissioners; and support from all stakeholders. Political support is key. Logistical support and cooperation

from the Ministry of Land, Housing and Urban Development is paramount. This chapter presents framework that highlights strategy implementation mechanism and coordination.

5.2 Strategic Plan Implementation Matrix

To ensure that the planned objectives are realized, the strategic plan implementation matrix has been developed and is presented in appendix 1 of this plan.

5.3 Implementation Approach

This plan will be implemented within five years. However, the strategy plan provides a midterm review and end term review. The Midterm review will provide corrective mechanisms to address leaning points that may

need to be incorporated for consideration during the implementation.

Directorates will draw annual work plans from the implementation matrix. The work plans will be consolidated into a master Commission annual work plan which will take into consideration the financial, human and other resources available in each financial year. Commissioners shall approve all annual work plans by the end of April of the preceding financial year.

5.4 Strategic Plan Co-ordination

For effective implementation and coordination of this Plan, the Commission an M&E Committee will be established to review and track implementation of the Plan. Commissioners shall receive regular updates from the CEO on the progress of the implemented SP.

5.5 Responsibilities and roles

i. The Monitoring & Evaluation CommitteeThe Commission shall establish a Monitoring & Evaluation Committee whose membership and roles are as below:Membershipa. The CEOb. Four members appointed from among the Directors (The membership shall be for one year and on rotational

basis)c. Head of Audit & Risk Management or a designate.d. At the discretion of the Commission, they may consider one external member for technical support.e. The Head of M&E/ Planning shall be the Secretary.

I M P L E M E N T A T I O N A N D C O - O R D I N A T I O N F R A M E W O R K

Chapter Five

34 3535

ii. The Chief Executive Officer (CEO)The NLC CEO shall be the overall coordinator of the Strategic plan and will have the following roles:a. Provision of necessary technical support to the Directorates in implementing the Plan;b. Timely preparation and submission of Plan implementation reports; c. Effectively Facilitate the Commissioners in the establishment of the County Land Management Boards in

implementing land reforms at the county level.d. Chairing the M&E Committee.

iii. Cabinet Secretary, Ministry of Land, Housing and Urban Development This Plan recognizes the important role of the Cabinet Secretary for the Ministry of Land, Housing and Urban Development. It is therefore anticipated that Cabinet Secretary will play a facilitative role to enable NLC execute its mandate. Key in this is collaboration with NLC on policy direction, support in the review and enactment of legal and resource mobilisation initiatives and other expertise available in the Ministry.

iv. The Commissioners NLC commissioners will provide leadership in the implementation of this plan. They will establish appropriate linkages with other public and private partners to enhance technical synergy required for effective implementation of the planned strategies. The commissioners are also critical in the implementation of the resources mobilization strategy.

v. Directors These will fast track implementation of this strategic plan. They will be responsible for the day to day implementation of planned activities to ensure implementation of this plan is on track. They will prepare and implement the directorate specific annual work plans drawn from the Plan, report on progress/performance periodically and timely to the Head of M&E/ Planning.

In this regard, NLC operates at two main levels: at the Commission-wide level, and its nine directorates, as outlined on the following page.

Table 5:1 Directorates

DIRECTORATE HIGHLIGHTS OF THE FUNCTIONSAudit and Risk Management Unit Responsible for providing innovative risk, audit, and assurance to

improve the Commissions operations. The directorate also offers consultancy services to the commission.

Communication Unit Responsible for managing the Communication and branding of the Commission

Finance and Administration Responsible for the finance and administration functions including advising the Commission, the Chief Executive Officer and Management on strategic financial performance of the Commission

Human Resources Management Responsible for development and implementation of appropriate Human Resource strategies and training that ensure that the Commission attracts and retains a professional team of motivated employees

ICT Unit Responsible for the management, strategy and execution of ICT infrastructure for the organization. This includes implementation of technical projects in alignment with organizational goals and effective delivery of networks, development, and disaster recovery systems and processes and ICT automation processes and procedures.

Land Administration & Management Responsible for efficient organization, direction, control and co-ordination of the functions of Land Administration Directorate

3636 37

Figure5:1 Organisational Structure of National Land Commission

NOTE: See Appendix II and III for the detailed organogramThe Commission has various Directorates to address its mandate at the National level and County Land Management Boards (CLMBs) at the County level. In addition, the Commission has established Commission Committees which deliberate on key issues before presentation to the full Commission meeting.

DIRECTORATE HIGHLIGHTS OF THE FUNCTIONSLand Survey, Adjudication and Settlement

Responsible for the coordinating, surveying, land adjudication and settlement functions. Lead and develop cadastral surveys, topographical surveys, compulsory acquisition surveys, adjudication and settlement surveys, remote sensing surveys, hydrological survey and GIS applications.

National Land Information Management System (NLIMS)

Responsible for developing and maintaining geographic, spatial, legal and environmental databases that are relevant to real property throughout the country. This involves creation, analysis and publishing of land-based data such as parcel information, zoning, land use, ownership and general property information

Land Use and Planning Develop and prepare an effective and efficient system for overseeing land use planning throughout the country. In this regard the Commission is to ensure land use planning is carried out and as per the law through supervision and monitoring of planning authorities and participating in policy formulation. To achieve this, the Commission is working in consultation with both the National and County governments and other relevant agents.

Land Valuation and Taxation To undertake valuation for taxation of land and premiums on immovable property. To undertake compulsory acquisition of land for Government and State Agencies. To assess annual ground rents, compute stand premiums and offer advisory valuation services.

Legal Affairs and Enforcement Responsible for handling all legal matters and complaints from the citizens.

Natural Resources To take stock of natural resources, monitor use and management and ensure that land use policies are consistent with sustainable resource use.

Research and Advocacy To promote dialogue, interaction, inquiry, and participatory research between researchers, communities and policy makers with a view of enhancing the impact of research on land reforms and sustainable development. Responsible for the coordination and administration of research, partnerships, linkages, civic education and advocacy functions on land matters.

36 3737

6.1 Overview

Implementation of the plan will require a substantial financial outlay. To supplement Government financing the activities of this plan, the Commission will endeavour to seek financial support from development partners and

other stakeholders.

6.2 Resource requirement The table below is an indication of the Commission’s projected financial requirements to implement the planned strategies.

Table 6:1 Projected Resource requirementBUDGET (MILLION)

Strategy Year 1 Year 2 Year 3 Year 4 Year 5 Review of Grants and Dispositions upon development of regulations and procedures for the reviews

500 500 500 600 700

Guaranteeing of ownership and security of tenure. 628 528 528 628 678Regularization of land rights 700 600 600 700 800Development and coordination of an advocacy and public education programs and information dissemination on the role of NLC and benefits of land reform.

250 200 200 200 200

Development, establishment and maintenance of National & County Land Information Management Systems (NLIMS)

660 2,149 1,193 1,193 1,193

Validation and reconstruction of existing land records. 400 400 300 250 250Promotion of research on land. 220 200 300 300 350Establishment of legislations and procedures for addressing land disputes

621 600 750 900 1,000

Development of dispute resolution mechanisms. 250 200 200 200 150Monitoring of land use plan (LUP) at National and County levels 290 495 500 288 400Monitoring of natural resources Management. 160 176 200 150 100Development control and enforcement 300 300 250 200 200Development and implementation of a stakeholders’ engagement strategy

150 100 50 50 50

Development and harmonization of policies 170 250 300 450 400Automation of NLC procedures and processes 430 540 550 400 400Development of Capacity of NLC. 350 300 300 300 300Development and implementation of a revenue generation mechanisms

150 200 450 600 700

R E S O U R C E M O B I L I Z AT I O N , A C C O U N TA B I L I T Y A N D R I S K M A N A G E M E N T

Chapter Six

3838 39

BUDGET (MILLION)Strategy Year 1 Year 2 Year 3 Year 4 Year 5 Development and implementation of a resource mobilization strategy

92 50 50 50 50

Formulation of policies and procedures 100 50 50 50 50Operationalize county land management boards 360 360 360 360 360Development and implementation of a risk management framework

100 90 80 80 80

Development, implementation and operationalize of a communication strategy

200 170 200 130 200

Branding NLC 20 20 20 15 10Strengthen the public affairs and corporate communication office

50 30 20 20 20

Institutionalize guidelines and policies to combat corruption, HIV/AIDS, Alcohol and Drug Abuse

30 20 10 10 10

Institutionalize guidelines and policies to support gender and persons with specialized needs into NLC

20 10 10 10 10

6.3 Resource Mobilization strategies6.3.1 Government Funding Article 249(3) of the Constitution stipulates, Parliament shall allocate funds to enable NLC perform its function. NLC will prepare annual budgets and submit to the Government for approval to fund annual work plan.

6.3.2 Development Partners The Commission will implement mechanisms put in place to partner with development partners in supporting the strategic plan initiatives.

6.3.3 Partnering with stakeholders The Commission recognises the valuable support received from stakeholders in the implementation of land initiatives. This has been through participation in programming and information sharing platforms. Though these resources are non- financial, they impact on the implementation of the land sector initiatives. The Commission identifies private sector players as key contributors and therefore will enhance collaboration and implement projects under the Private Public Partnership framework.

6.4 Accountability

Accountability and commitment are valuable aspects of successful implementation of this strategy. As already mentioned, the Commissioners, CEO, directors will be responsible for implementation. The Commissioners

are in charge of policy formulation, giving strategic leadership in programming and general monitoring and evaluation of the Plan’s implementation and prioritization of the programs undertaken.

These tasks are done through committees namely; General Administration and Finance; Legal and Research; Land Administration and management; Compulsory acquisition; and NLIMS. The Secretariat, through the leadership of the Secretary and CEO is responsible for the day-to-day implementation, monitoring, and evaluation of NLC’s operations.

Employees will report results of their work to their respective directors/sectional heads to enable management to track performance and facilitate effective decision making.

6.5 Risks assessment Implementation of this plan is likely to face various risks as discussed below.

6.5.1 Strategic Risks• Programme activities being resisted due to conflicting social, economic and political interests.

38 3939

• Misconception due to lack of information or ignorance of the Commission’s mandate.• Constitutional or statutory changes are likely to affect the Commission’s mandate.• Weak monitoring and evaluation due to non-integration of M&E in activity implementation.• High turnover of highly qualified technical staff.

6.5.2 Financial Risks• Inadequate funding or disbursement delays due to lack of linkage between disbursement and procurement

plans leading to slowed plan implementation.• Interrupted flow of development partners funds.

6.5.3 Operational Risks• Duplication/ application of land laws by other Government Agencies is prevalent• Poor remuneration, staff turnover, shortage of office space, redeployment of staff may interfere with

implementation of the plan.

6.5.4 Technological Risks• Inadequate funding of ICT development and deployment.• Reluctance by officers to embrace new technological changes.• Data and information insecurity.

6.5.5 Organizational Risks• Delay in implementation of the Commission’s organizational structure may constrain timely formation of the

envisaged implementation teams.

6.5.6 Political Risks• Changes in national political leadership. • Community animosity and suspicion.• Politicizing implementation of land reforms.

6.6 Mitigation, Monitoring and Reporting of Risks

The Commission will seek to minimise risks through a framework that ensures coordination and economical application of resources to maximise realization of opportunities and to monitor impacts of the unforeseen

occurrences.

• undertake appropriate consultations and consensus building with stakeholders;• Involve stakeholders in review of policy and legislation and implementation as well as sensitize the

stakeholders on the Commission’s mandate;• Enhance internal and external collaboration;• Enhance M&E for early detection of any formative risk • Undertake regular training of staff on ICT and upgrading of equipment in tandem with ICT changes; • Enhancing the Commission’s capacity through effective capacity development;• Partner with stakeholders to mobilize resources, increase internal revenue and also foster efficient

utilization of resources;• Seek political goodwill and budgetary support;• Ensure meritocracy in recruitment of staff and competitive remuneration; and• Create awareness and continuous sensitization on the Constitutional values and principles of attached

to land and a move away from unjust discriminatory practices linked to land.

40 414444004404044444404400000040400440040044040404044404444444440404444444444044400

40 4141

7.1 Introduction

The successful implementation of this strategic plan will depend significantly on how effectively the planned activities and outputs and outcomes are monitored and evaluated. Monitoring and Evaluation (M&E) will

provide an avenue for tracking progress and inform decision making for accountability, effective service delivery, resource allocation and policy direction.

7.2 Monitoring and Evaluation Framework

The Commission’s M&E framework will be aligned to the provisions of the National Integrated Monitoring and Evaluation System (NIMES) under the M&E directorate. It will be based on definition of responsibilities,

indicators, collection and maintenance of performance data and reporting.

7.2.1 Monitoring Monthly and quarterly reports will be prepared by the commission based on the continuous monitoring of the plan activities and performance.

7.2.2 EvaluationThe Commission will review the plan periodically and evaluate its success at the end of the plan period.

Evaluation MechanismThis will entail:• Measuring actual performance against set target levels in terms of outputs and outcomes, and

establishing any variation(s) in performance;• Identifying and addressing the casual factors for variance; and• Identifying and recommending appropriate remedial measures including a review of objectives and/

or strategies.

7.3 Critical Success Factors NLC has identified the following critical factors for the successful implementation of the Strategic Plan.

i. Understanding the Strategic Plan by all who are involved in its implementation;

ii. Provision of leadership and commitment from NLC’s top management;

iii. Effective communication between all implementers on activities, outputs and outcomes;

iv. Timely implementation of activities;

v. Availability of resources as identified under each strategy;

vi. Effective translation of Strategic Plan targets to annual work plans and budgets; and

vii. Regular review, performance oversight, measurement and reporting.

M O N I T O R I N G , E V A L U A T I O N A N D R E P O R T I N G

Chapter Seven

42 43

7.4 Progress Reports

The plan will also be monitored through preparation of monthly and quarterly reports by heads of Directorates. The nature and scope of reporting will include;

• Progress made against the plan• Causes of deviation from plan• Areas of difficulty and alternative solutions to problems that may adversely affect implementation

The Monitoring & Evaluation Unit shall act as the internal consultant to assist Directorates in preparing consistent, concise and informative reports prior to presentation. The reports will describe actions taken towards achieving specific outcomes and strategies of the plan and will include costs, benefits, performance measures and progress. Performance Management Systems (PMS) will be used to improve the effectiveness of the M&E system. This will help integrate performance in a manner to enable immediate determination of impediments to success.

4242

42 4343

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44 4545

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Tim

e Fr

ame/

Bud

get

Dev

elop

men

t, es

tabl

ishm

ent a

nd

mai

nten

ance

of

Nat

iona

l Lan

d In

form

atio

n M

anag

emen

t Sy

stem

s (N

LIM

S)

NLI

MS

in p

lace

• Pr

ocur

e an

d in

stal

l GIS

bas

ed

ente

rpris

e da

taba

se s

yste

m•

Dev

elop

par

cel f

abric

bas

ed

cada

stre

• Su

ppor

t sys

tem

inte

grat

ion

with

oth

er c

ompo

nent

s -

open

arc

hite

ctur

e(SO

A)

• E

nsur

e da

ta s

ecur

ity a

cces

s rig

hts

and

polic

ies

Cod

ifica

tion

of p

roce

sses

in

land

• N

LIM

S in

stal

led

• N

o. o

f st

aff

trai

ned

• N

o. o

f lo

gs fr

om p

ublic

No.

of

syst

em a

udits

don

e•

GIS

bas

ed s

yste

m

proc

ured

and

inst

alle

d•

Impl

emen

tatio

n pl

an

and

phas

ing

of o

vera

ll pr

ojec

t.

CE

O a

nd

Dire

ctor

- N

LIM

SC

ompu

teriz

atio

n co

mm

ittee

of

Min

istr

y of

La

nds

(DPP

, D

OS,

DLA

S,

DO

L), S

ecre

tarie

s C

LMB

s

(Mill

ion)

660

2,14

91,

193

1,19

31,

193

Val

idat

ion

and

reco

nstr

uctio

n of

exi

stin

g la

nd

reco

rds.

Ver

ifiab

le

and

upda

ted

land

reco

rds.

• C

arry

out

an

inve

ntor

y of

pl

ans

and

file

reco

rds

• D

evel

op a

nd im

plem

ent

file

and

plan

s re

cord

m

anag

emen

t sys

tem

• N

umbe

r of

plan

and

file

re

cord

s ca

tego

rized

• Pl

an a

nd fi

le re

cord

s m

anag

emen

t sys

tem

in

plac

e.•

Rep

orts

on

inve

ntor

y

Com

mis

sion

ers

C.E

.OD

irect

or

Land

/

Adm

Dire

ctor

I.C

.TD

irect

or H

RM

MoL

400

400

300

250

250

Prom

otio

n of

re

sear

ch o

n la

nd.

Res

earc

h re

port

s.C

ompl

eted

rese

arch

pr

ojec

tsR

esea

rch

data

bas

e Pa

rtne

rshi

ps

deve

lope

d.R

esea

rch

Trai

ning

• D

evel

op a

rese

arch

fr

amew

ork

• C

ondu

ct re

sear

ch

• C

reat

e re

sear

ch d

ata

base

with

co

unty

gov

ernm

ents

• Su

ppor

t the

doc

umen

tatio

n-m

appi

ng o

ut o

f re

sear

ch

area

s-•

Rep

ort a

nd d

isse

min

ate

rese

arch

find

ings

• C

ondu

ct tr

aini

ng

•Res

earc

h fr

amew

ork

deve

lope

d.•N

o of

rese

arch

pro

posa

ls

•No.

of

repo

rts

publ

ishe

d •

No

of p

artn

ersh

ips

enga

ged

• N

o of

Pol

icie

s de

velo

ped.

• N

o of

trai

ning

s he

ld.

• N

o of

pol

icy

foru

ms

cond

ucte

d.

CE

O, N

LC.

Dire

ctor

s, R

esea

rch

and

Adv

ocac

y;

220

200

300

300

350

4646 47

Key

Res

ult

Are

a 3:

Lan

d D

isp

ute

s A

nd

Con

flic

t R

esol

uti

onST

RA

TE

GIC

OB

JEC

TIV

E: T

o fa

cilit

ate

an e

qu

itab

le a

nd

sec

ure

acc

ess

to la

nd

an

d la

nd

bas

ed r

esou

rces

OU

TC

OM

E: P

eace

ful r

esol

uti

on o

f co

mp

lain

ts

Stra

tegi

es

Out

puts

Act

iviti

esPe

rfor

man

ce in

dica

tors

A

ctor

sT

ime

Fram

e/B

udge

tE

stab

lishm

ent o

f

legi

slat

ions

and

proc

edur

es fo

r

addr

essi

ng la

nd

disp

utes

The

His

toric

al I

njus

tice

draf

t reg

ulat

ions

• E

stab

lish

task

forc

e on

HI

• H

old

stak

ehol

der

cons

ulta

tions

• Ta

skfo

rce

esta

blis

hed

• N

o. o

f st

akeh

olde

rs

cons

ulta

tions

hel

d

• N

o of

sta

keho

lder

repo

rts

• N

o of

pub

licat

ions

on

HI

• D

raft

bill

Stak

ehol

ders

NLC

Judi

ciar

y

Min

istr

y in

-cha

rge

of

Land

s

(Mill

ion)

621

600

750

900

1,00

0

Dev

elop

men

t of

disp

ute

reso

lutio

n

mec

hani

sms.

• A

DR

fram

ewor

k in

plac

e

•Enh

ance

d ca

paci

ty o

f

stak

ehol

ders

on

AD

R

• A

com

plai

nts

hand

ling

mec

hani

sm/

syst

em

• E

stab

lish

and

impl

emen

t A

DR

mec

hani

sms

• U

nder

take

rese

arch

in

AD

R/

TD

R a

ltern

ativ

es•

Dev

elop

trai

ning

man

ual

and

unde

rtak

e ca

paci

ty

build

ing

of d

ispu

te

reso

lutio

n co

mm

ittee

s •

Hol

d st

akeh

olde

r m

eetin

gs a

nd

wor

ksho

ps•

Dev

elop

and

impl

emen

t a

com

plai

nts

hand

ling

mec

hani

sm•

Dis

pose

land

A

djud

icat

ion

case

s

• A

DR

fram

ewor

k in

pla

ce

• N

o. o

f st

akeh

olde

rs

trai

ning

• N

o. o

f co

nflic

t rep

orts

rece

ived

• N

o of

rese

arch

pro

ject

s

• %

of

conf

licts

reso

lved

• C

ompl

aint

s ha

ndlin

g

syst

em

• N

umbe

r of

land

adju

dica

tion

case

s he

ard

and

dete

rmin

ed.

Com

mis

sion

ers

Dire

ctor

, Leg

al a

nd

Enf

orce

men

t

Dire

ctor

Res

earc

h an

d

Adv

ocac

y

Dire

ctor

Sur

vey

,

Adj

udic

atio

n an

d

Settl

emen

t

250

200

200

200

150

46 4747

Key

Res

ult

Are

a 4:

Su

stai

nab

le M

anag

emen

t A

nd

Use

Of

An

d A

nd

Nat

ura

l Res

ourc

esST

RA

TE

GIC

OB

JEC

TIV

E: T

o p

rom

ote

opti

mal

use

of

lan

d f

or t

he

ben

efit

of

the

soci

ety

OU

TC

OM

E :

En

han

ced

use

an

d m

anag

emen

t of

lan

d f

or t

he

ben

efit

of

the

soci

ety

Stra

tegi

es

Out

puts

Act

iviti

esPe

rfor

man

ce in

dica

tors

A

ctor

sT

ime

Fram

e/B

udge

tM

onito

ring

of la

nd

use

plan

(LU

P)

at N

atio

nal a

nd

Cou

nty

leve

ls

Land

use

pla

ns

Tech

nica

l rep

orts

Coo

rdin

ate

the

LUP

activ

ities

.

Dev

elop

gui

delin

es fo

r LU

P.

• N

.o o

f LU

P at

Cou

ntie

s.

• LU

P fr

amew

ork

at

Nat

iona

l lev

el

CE

O,

NLC

D

irect

or

of L

and

Use

Pla

nnin

g(M

illio

n)29

049

550

028

840

0

Mon

itorin

g na

tura

l res

ourc

es

Man

agem

ent.

• R

esou

rce

map

s.•

Nat

ural

re

sour

ce d

atab

ase

deve

lope

d.•

Dra

ft N

atio

nal

Land

Use

Po

licy

(NLU

P)

deve

lope

d.

•Con

duct

Lan

d us

e/ c

over

m

appi

ng.

•Car

ry o

ut n

atur

al re

sour

ce

map

ping

and

ass

essm

ents

•Est

ablis

h a

Mon

itorin

g fr

amew

ork

for r

esou

rce

use

tren

ds.

• E

stab

lish

a m

eta-

data

base

of

all

reso

urce

s in

the

Cou

ntry

.•

Car

ry o

ut c

onsu

ltanc

ies

on re

sour

ce v

alua

tion

and

polic

y ga

p an

alys

is in

N

RM

.•

Est

ablis

h a

reso

urce

cen

tre

at N

LC.

• Li

aise

with

the

Min

istr

y in

pre

para

tion

of th

e N

atio

nal L

and

Use

pol

icy.

• Li

aise

with

the

Cou

ntie

s in

th

e pr

epar

atio

n of

urb

an

Land

use

Pla

ns

• N

o o

f R

epor

ts.

• N

o of

MO

Us

Sign

ed.

• N

o of

Res

ourc

e M

aps.

• Fi

nal d

raft

Lan

d us

e Po

licy.

• N

o o

f C

ount

y/N

atio

nal

wor

ksho

ps.

• N

atur

al R

esou

rces

da

taba

se e

stab

lishe

d.•

No

of re

sour

ce m

ater

ial

at c

entr

e.•

Num

ber o

f A

ppro

ved

Citi

es a

nd M

unic

ipal

ities

U

rban

Lan

d U

se P

lans

Dire

ctor

, Nat

ural

R

esou

rces

. C

S, (M

inis

try

of

Land

, Hou

sing

and

U

rban

Dev

elop

men

t).

Cou

nty

Gov

ernm

ents

160

176

200

150

100

4848 49

Stra

tegi

es

Out

puts

Act

iviti

esPe

rfor

man

ce in

dica

tors

A

ctor

sT

ime

Fram

e/B

udge

tD

evel

opm

ent

cont

rol a

nd

enfo

rcem

ent

Ord

erly

sp

atia

l de

velo

pmen

t•

App

rove

bui

ldin

g pl

ans

• U

nder

take

site

insp

ectio

ns•

Plac

e ad

vert

isin

g an

d pu

blic

no

tices

• Pr

epar

e ru

les

& g

uide

lines

fo

r evi

ctio

ns•

Prep

are

draf

t con

cept

pap

er•

Bui

ld c

onse

nsus

with

st

akeh

olde

rs•

Issu

e no

tices

of

inte

ntio

n to

ev

ict

• In

vest

ors

gran

ted

deve

lopm

ent a

ppro

vals

• A

ppro

ved

deve

lopm

ent

appl

icat

ions

NLC

Cou

nty

Gov

ernm

ents

Lega

l Dire

ctor

ate

300

300

250

200

200

Dev

elop

men

t and

impl

emen

tatio

n

of a

sta

keho

lder

s’

enga

gem

ent

stra

tegy

Stro

ng

part

ners

hips

with

deve

lopm

ent

part

ners

and

oth

er

stak

ehol

ders

.

• D

onor

map

ping

• C

ount

y vi

sits

• N

o of

mee

ting

held

• N

o of

cou

nty

visi

ts

esta

blis

hed

and

thriv

ing

• Fu

nded

pro

ject

s

• A

mou

nt o

f do

nor

supp

ort

NLC

Com

mun

icat

ion

Res

earc

h an

d A

dvoc

.

Dire

ctor

ate

Stak

ehol

ders

150

100

5050

50

Dev

elop

men

t an

d

harm

oniz

atio

n of

polic

ies

Leg

al a

dvis

ory

pape

rs

Reg

ulat

ions

and

guid

elin

es;

Prop

osed

sta

tute

s

• C

reat

e m

ulti-

stak

ehol

ders

gr

oup

to d

evel

op le

gal •

gu

idel

ines

• D

evel

op le

gal g

uide

lines

• R

esea

rch

and

advo

cacy

guid

elin

es d

evel

oped

• N

umbe

r of

lega

l and

polic

y p

ropo

sals

dev

elop

ed

for c

olla

bora

tion

• Li

st o

f po

tent

ial l

egal

rese

rach

are

as d

evel

oped

NLC

,

Parli

amen

t

170

250

300

450

400

48 4949

Key

Res

ult

Are

a 5:

In

stit

uti

onal

Dev

elop

men

t A

nd

Man

agm

ent

STR

AT

EG

IC O

BJE

CT

IVE

: To

dev

elop

th

e ca

pac

ity

to e

nh

ance

eff

icie

ncy

an

d t

ran

spar

ency

in s

ervi

ce d

eliv

ery

OU

TC

OM

E: A

n E

ffic

ien

t an

d e

ffec

tive

NL

C

Stra

tegi

es

Out

puts

Act

iviti

esPe

rfor

man

ce in

dica

tors

A

ctor

sT

ime

Fram

e/B

udge

tA

utom

atio

n of

NLC

pro

cedu

res

and

proc

esse

s

Cou

ntie

s

IC

T s

yste

ms

deve

lope

d

ICT

infr

astr

uctu

re

esta

blis

hed

ICT

pol

icy

docu

men

t

• Id

entif

icat

ion

of I

CT

infr

astr

uctu

re

• D

evel

op a

n IC

T p

olic

y

• D

evel

op a

nd e

stab

lish

syst

em d

esig

n/ a

rchi

tect

ure

• In

stal

l and

Im

plem

ent I

CT

syst

ems

• IC

T P

olic

y de

velo

ped

• U

se o

f IC

T p

olic

y

• A

ppro

ved

ICT

proc

urem

ent p

lan

• N

o. o

f IC

T h

ardw

are

and

soft

war

e pr

ocur

ed a

nd

inst

alle

d

CE

O a

nd A

sst.

Dire

ctor

- IC

T,

Com

mitt

ee g

ener

al

adm

inis

trat

ion

(Mill

ion)

430

540

550

400

400

Dev

elop

men

t of

Cap

acity

of

NLC

.

Skill

ed s

taff

recr

uite

d

Inst

itutio

nal c

apac

ity

deve

lopm

ent

Trai

ned

staf

f on

rele

vant

are

as

• R

ecru

itmen

t

• D

evel

op a

Tra

inin

g po

licy

• C

arry

out

trai

ning

• C

arry

out

cap

acity

nee

ds

asse

ssm

ent

• A

ppro

ved

polic

y

• N

o. o

f sk

ills

cour

ses

iden

tifie

d

• N

o. o

f st

aff

trai

ned

on

new

ski

lls

Dire

ctor

/HR

CE

O,

Adm

inis

trat

ion

Com

mitt

ee

350

300

300

300

300

Dev

elop

men

t and

impl

emen

tatio

n

of a

reve

nue

gene

ratio

n

mec

hani

sms

Dev

elop

regu

latio

ns a

nd

guid

elin

es

Doc

umen

t pro

pert

y

valu

es a

nd ta

xatio

n

indi

ces

• E

stab

lish

Com

mitt

ees

to

deve

lop

regu

latio

ns a

nd

guid

elin

es

• E

stab

lish

Com

mitt

ees

on

dete

rmin

atio

n of

pro

pert

y

valu

atio

ns a

nd ta

xatio

n

• Id

entif

y pu

blic

c la

nd

for v

alua

tion

and

taxa

tion

asse

ssm

ent

• U

nder

take

pro

pert

y

asse

ssm

ent/

valu

atio

n an

d

billi

ng.

• R

ules

and

gui

delin

es

deve

lope

d

• C

omm

ittee

s es

tabl

ishe

d

• In

vent

ory

listin

g of

publ

ic la

nds

iden

tifie

d fo

r

asse

ssm

ent

• N

o. o

f as

sess

men

ts

unde

rtak

en a

nd b

illin

gs

mad

e

NLC

Nat

iona

l and

Cou

nty

Gov

ernm

ents

Parli

amen

t

150

200

450

600

700

5050 51

Stra

tegi

es

Out

puts

Act

iviti

esPe

rfor

man

ce in

dica

tors

A

ctor

sT

ime

Fram

e/B

udge

tD

evel

opm

ent a

nd

impl

emen

tatio

n of

a re

sour

ce

mob

iliza

tion

stra

tegy

Res

ourc

e m

obili

satio

n st

rate

gy d

evel

oped

Ade

quat

e fin

anci

al

reso

urce

s m

obili

sed

Div

ersi

fied

reso

urce

av

enue

s

• R

esou

rces

nee

ds

asse

ssm

ents

• D

evel

op a

reso

urce

m

obili

satio

n st

rate

gy•

Lobb

ying

• D

evel

opm

ent p

artn

ers

roun

d ta

ble

mee

tings

• A

ppro

ved

polic

y.•

Leve

l of

reso

urce

s m

obili

sed

• %

of

fund

s re

ceiv

ed

agai

nst b

udge

t req

uest

ed•

No.

of

prop

osal

s de

velo

ped

and

fund

ed

Dire

ctor

, Fin

ance

an

d A

dmin

istr

atio

n,C

EO

, C

omm

ittee

, Gen

eral

ad

min

istr

atio

n

9250

5050

50

Form

ulat

ion

of

NLC

pol

icie

s an

d pr

oced

ures

acr

oss

the

dire

ctor

ates

Polic

ies

and

proc

edur

es

deve

lope

d•

Dev

elop

pol

icie

s an

d pr

oced

ures

• N

o. o

f po

licie

s an

d pr

oced

ures

dev

elop

ed

and

appr

oved

.

• N

o. o

f po

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DIRECTOR Natural Resource & Environment

DIRECTOR Land Use Planning

DIRECTOR Research & Advocacy

DIRECTOR Finance and Administration

DIRECTOR Land Administration

DIRECTOR NLIMS

DIRECTOR Survey, Adjudication & Settlement

DIRECTOR Legal Affairs & Enforcement

DIRECTOR Human Resource Mgt. (HRM)

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54 5555design & layout by Ongeti Franklin

56 PB66555565656556556656665656565655556555

NATIONAL LAND COMMISSIONNATIONAL LAND COMMISSIONArdhi House, 1st Ngong Avenue, Off Ngong Road,

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