"We abuse land because we regard it as a commodity belonging to us. When we see land as a community to which we belong, we may begin to use it with love and respect."
Conservationist Aldo Leopold (1887–1948) uttered these powerful words several years ago. He was deeply concerned about the speed and impact of industrialisation on the natural world.
Fast-forward to today, and Kenyans are slowly decimating land with wanton and unplanned use.
Skyscrapers are coming up in arable land in some counties, while industries in some have been constructed near residential areas, causing health problems. In other counties, there is no land for housing, while in towns, poor land use has led to sprawling slums.
The lack of a clear policy has also left Kenya in a dilemma between satisfying livelihood needs and sustainable use of resources for posterity.
For instance, water-catchment areas have undergone massive destruction. The decline in water supply and pasture has often stirred "water wars" between pastoralists, small and large-scale irrigation farmers. It has also escalated human-wildlife conflict.
A huge problem in the long term is increased desertification. This reduces the productivity of land, leading to food insecurity, reduced income and reduced accumulation of economic assets.
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SOLVING THE PROBLEM
Aware the challenges facing land use could derail efforts to industrialise the country, the Lands ministry in 2015 spearheaded formation of the first-ever land policy.
Launched in June 12 this year, the National Land Use Policy seeks to provide a framework for optimal and sustainable utilisation of land-related resources at county and national levels.
The policy seeks to balance different, yet related, concerns, such as food security, human settlements, environmental protection and climate change and other economic pursuits.
In October 23, the Lands ministry formed a National Technical Committee to implement the policy. The move pushed Kenya closer to ending its perennial land problems.
The policy is premised on the philosophy of economic productivity, social responsibility, environmental sustainability and cultural conservation.
National director of physical planning Augustine Masinde warned that without proper planning, the momentum of attaining President Uhuru Kenyatta's Big Four agenda will be lost.
"If we use our land resource effectively, efficiently, sustainably and productively, there is no reason why the country should rely on food importation to feed its population," Masinde said.
The Big Four comprises food security, universal health coverage, manufacturing and housing. Masinde said good land use will ensure the government gets land bank to roll out the agenda.
‘Land banking’ means accumulating land for critical future needs. Land in the wrong hands will also be repossessed to create land banks.
Masinde said there is enough land in Kenya for all. However, “we must stop being greedy, careless and unpatriotic”.
Lands PS Nicholas Muraguri said proper land use will help realise properly situated and affordable housing for all Kenyans.
And senior physical planner with the Lands ministry Arthur Mbatia said proper land use will reduce emerging conflicts.
"There is the issue of population pressure, massive soil erosion due to poor land use and variability of climate patterns," he said.
Mbatia said areas where mining takes place have not been rehabilitated. The process of land acquisition, relocation and compensation has in most cases resulted in a clash between the resulting land uses, affected people and developers, he said.
NATIONAL TECHNICAL COMMITTEE
Masinde is set to chair the National Technical Committee, whose principal function is to implement decisions made by the National Council for Land Use Policy.
The technical committee will, among other functions, prepare reports from various sectors on the status of implementation for presentation to the National Council.
The council will be chaired by head of public service Joseph Kinyua and will be composed of various CSs, the Council of Governors, and chairpersons of various environmental agencies.
The council will hold meetings on quarterly basis. At each county, there will be county-specific implementation committees chaired by the governor and deputised by the deputy governor.
Their functions will be similar to national technical implementation committee, but strictly within the jurisdiction of the county.
County director of physical planning will be the secretary, while non-state actors will be co-opted.
NLC will develop a framework for monitoring, oversight and reporting performance, as well as in conducting research related to land and use of natural resources, before making recommendations to relevant authorities.
HISTORY OF PLANNING
In the past, land use and environment management were uncoordinated, as the country did not have a national land use policy.
During the colonial period, various English laws and policies, such as Swynnerton plan (1954), were introduced to manage land use and emerging conflicts.
These regulations, which often took care of colonial interests, would later be transformed into Land Planning Act Cap 303 and Land Control Act 302.
After Independence, the government came up with various plans to facilitate economic development.
These included Sessional Paper No 10 of 1965, on African Socialism and its Application to Planning in Kenya. This emphasised the need for planning as the basis for development and growth.
Another policy was the Sessional Paper No 1 of 1986 on Economic Management for Renewed Growth. This focused on the need for rural-urban balance as a way of addressing socioeconomic development problems.
Other strategies include: Poverty Reduction Strategy Paper 2003-07, Economic Recovery Strategy for Wealth and Employment Creation 2003-07, and the Kenya Vision 2030.
However, of all the past initiatives, one policy framework that called for an urgent need to have national land use policy is Sessional Paper No 3 of 2009.
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And following the promulgation of the new constitution in 2010, the need for a policy framework was even more pronounced under provisions of Chapter 5 of the constitution.
Article 60 of the constitution requires that land “has to be managed and used in a manner that is equitable, efficient, productive and sustainable”.
Additionally, Articles 66, 68 and 69 provide for regulation of land use, revision of sectoral laws on land use, and sustainable exploitation, utilisation, management and conservation of the environment and natural resources.
Equally, the constitution requires equitable sharing of accrued benefits from natural resources.
All this was, however, curtailed by the absence of a clearly defined land use policy. But now that is set to change, should the national land use policy be successfully implemented.