Is Land a Devolved Function in Kenya?

You may have questions about whether land management Is land a devolved function in Kenya. This topic revolves around devolution, a cornerstone of Kenya’s governance system since the 2010 Constitution was enacted. Let’s delve in and find out what it entails.

Understanding Devolution in Kenya

In Kenya, devolution refers to the delegation of powers, functions, and responsibilities from the central government to county governments. This decentralized system aims to bring government closer to the people, promote local participation in decision-making, and address regional disparities in development.

Is Land Management Devolved?

No, land management is not a devolved function in Kenya. According to the Constitution of Kenya 2010, land remains a national government function. This means that the central government retains authority over key aspects of land administration, policy formulation, and regulation.

What Role Do County Governments Play?

While land management itself is not devolved, county governments have specific roles and powers related to land under the Constitution. These include:

1. • Physical Planning: Developing county spatial plans and land use plans that guide development within their jurisdictions.

• • County Land Leases: Issuing leases for public land within the counties, subject to national land laws and policies.

• • Land Dispute Resolution: Handling disputes over county-owned land and providing mediation services at the local level.

• • Urban Development: Planning and regulating urban areas, including zoning and infrastructure development.

Benefits of Devolution in Land Use Planning

While land management remains centralized, devolution has brought several benefits to land use planning and administration:

Local Participation:

Empowering local communities and stakeholders to participate in decision-making processes regarding land use and development.

Tailored Solutions:

Allowing counties to develop customized land use plans that reflect local needs, priorities, and environmental considerations.

Efficiency:

Promoting efficiency in service delivery by bringing decision-making closer to the people and reducing bureaucracy.

Final Thoughts

In conclusion, while land management is not a devolved function in Kenya, county governments play significant roles in land-related matters within their jurisdictions. The national government retains authority over national land policy, legislation, and administration, ensuring consistency and oversight across the country.

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