CHAPTER THIRTEEN

BUILDING AFFORDABLE HOUSING & IMPLEMENTING LAND REFORM AFFORDABLE HOUSING

The Challenges:

About 30% of Kenya’s population lives in urban areas. Of these, 67%, or approximately 6.6 million, live in informal settlements. The conditions in the informal settlements or slums are grim. The units are densely packed and built of weak structures with mud walls and corrugated iron sheets. Most units are built on government land that has been acquired in a nontransparent manner, and the landlords do not live in the area.

There are no water and sanitation services provided by the local government since the settlements are not part of the urban planning. They have to survive on dirty water or illegally tapped water sold at a high price. Informal settlements do not have electric lighting provisions so the residents have to make do with paraffin lamps and in some instances residents connect to the electricity grid illegally and dangerously. Fires are a common occurrence and the level of insecurity is high. The residents are poorly educated; many are living with HIV/AIDS, women and children have been abandoned or have been victims of violence and rape. They are very poor and vulnerable members of the Kenyan society. Their living conditions should be a blot on our collective conscience as a society.

Our Commitments:

We will explore ways in which most valuable land in urban centres occupied by informal settlements can be converted into communal ownership which can then be used to secure development funds.

We will provide security of tenure to the residents living in informal settlements so they have an incentive to invest in their homes and neighbourhoods.

We will plan to build new suburbs around Nairobi and other major cities and towns to reduce congestion and offer choice of quality environment.

We will strengthen the National Housing Corporation further so it continues to make the dream of home ownership a reality for many Kenyans.

Your ODM Government will:

• Establish Urban Planning Units in all devolved local authorities.

• Introduce building regulations and standards including the adoption of appropriate cost-efficient construction technology.

• Introduce a strict enforcement of rules and regulations by the physical planning department of the local authorities.

• Streamline licensing and approval systems for building developments.

• Ensure that public recreational facilities are integral to all housing developments.

• Strengthen the capacity of the planning departments of the local government authorities and the National Housing Corporation to implement the policy on housing.

• Prepare a National Land-use Master Plan in order to facilitate better urban planning.

• Prepare and implement strategic development and investment plans for all municipalities and cities.

• Build 150,000 affordable quality housing units through eclectic initiatives to deal with the housing deficit. This may include slum clearance or upgrading; inviting foreign investors to participate in the rapid housing development programmes; and by using low cost house-building technologies.

• Address the land tenure issues relating to land in the slum areas and commence slum upgrading steps with minimum disruption of the slum dwellers. Ensure that the upgraded facilitates have access to water and sanitation services and electricity.

• Enact the Housing Bill 2006 to ensure a “onestop- shop” housing development approval for fasttracking house building. Ensure joint coordination of the activities of the Ministries of Land, Local Government, Public Works, Environment and Housing to facilitate the implementation of the Housing Policy.

• Establish housing technology centres to increase access to decent housing by promoting low-cost energy-saving housing.

• Accelerate and improve the development of infrastructure and communication between Nairobi and Nakuru with a view to developing Nakuru into an industrial town with a designated Export Processing Zone.

• Ensure Nairobi becomes a regional hub for commerce and finance. Every necessary action by the government will be taken in conjunction with the City Council to showcase Nairobi as a 24-hour city by investing in infrastructure, ICT, security and planning.

IMPLEMENTING LAND REFORM

The Challenges:

Land is Kenya’s most basic and essential resource. The livelihood of over 85% of Kenya’s population depends on it. It is also critical to the economic, social and cultural development of Kenya and was a key reason for the struggle for independence. It is also a key in the development of all aspects of the economy, especially industry, physical infrastructure and urban development. Prudent management of the land sector is crucial to poverty reduction, equity and social justice.

Approximately 582,646 sq. kms. (97.8%) of Kenya’s total surface comprises of land; of this only 20% of the land area can be classified as medium to high potential agricultural land, and the rest of the land is mainly arid or semi-arid. Forests, woodlands and national reserves and game parks account for ten percent (10%) of the land mass.

Largely because of historical factors perpetuated by post independence mismanagement and private accumulation by political elites, the land sector is notable to function as the engine of development. The lack of a clearly defined National Land Policy since independence has resulted in a complex land management and administration system. Successive postcolonial governments have been unable or unwilling to resolve this issue. The need for land reforms in Kenya arises out of the ineffectiveness of the current constitution in establishing an efficient, accountable and equitable institutional framework for land ownership, administration and management.

Serious historical injustices and gender imbalance in access to use and violations of land rights of minority communities (such as hunter-gatherers, forest dwellers and pastoralists) need to be seriously tackled.

Centralisation of state responsibility over land matters has resulted in governmental decisions that have not been responsive to the citizens, especially at the local level.

Lack of governmental accountability in land governance has led to irregular allocations of public land.

Legal protection of private property rights granted even though the land in question may have been acquired in an illegitimate manner must be queried.

The land has been inequitably distributed. In particular, women, children, minority groups and persons with disabilities have been denied access to land rights.

Government regulation of private property rights has been ineffective. As a result, many unplanned settlements and environmental degradation have become commonplace.

Our Commitments:

We will review all laws and policies adopted by post independence governments that exacerbate historical injustices.

We will ensure the enactment of Chapter Seven on “Land and Property” as stated in the Bomas Draft Constitution.

Your ODM Government will:

• Restructure the land sector through the review of the current laws and institutions.

• Establish the National Land Commission (NLC) to carry out land administration and management efficiently, equitably and sustainable.

• Implement a system of registration of institutional land.

• Secure tenure to public land by repealing the Government Land Act (Cap. 280) and replacing it with a Public Lands Act.

• Designate and keep an inventory of all public land and place it under the National Land Commission (NLC) to hold and manage it in trust for the people of Kenya.

• Establish an appropriate land taxation system to discourage land speculation.

• Repossess any public land acquired irregularly.

• Establish a suitable legal and administrative framework to investigate the historical injustices and recommend mechanisms for their resolution.

• Establish suitable mechanisms for restitution, reparation and compensation of historical injustices or claims.

• Address the coastal land ownership problems by conducting an inventory of all government land along the ‘10 mile coastal strip’ and other parts of the Coast Province for conversion to community land for eventual adjudication and resettlement.

• Protect the Land Rights of Vulnerable Groups and Minority Communities.

• Protect the rights of women in issues concerning land inheritance and matrimonial property.

• Ensure that productive land is put to effective use.