Spatial Planning and Design

Permanent URI for this collectionhttps://koha2.tukenya.ac.ke/handle/123456789/946

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Development Of A New Cadastral Model For Kenya
(2017-09-25) Wayumba, Gordon
The Cadastral system in Kenya was established in 1903 to support land alienation for the white settlers who had come into the country in latter part of the 20th Century. In the last hundred years, the system has remained more or less the same, where land records are kept in paper format and majority of operations are carried out on a manual basis. The lack of a modern cadastral system has contributed to problems in land planning, access and administration. The Government has expressed the need to modernize the system in order to facilitate better land administration, support the development of an integrated Land Information Management System and a National Spatial Data Infrastructure. However, one persistent denominator to these efforts has been the lack of a modern cadastral model. This paper discusses a recent study carried out in Kenya to provide solution to the problem by developing a new cadastral model, based on an Object-Relational Model. In carrying out the study, user needs assessment was carried out to support conceptual and logical design of the new cadastral database. In implementing the model, a conceptual/logical model was developed based on Multi-Value Vector Maps and Smiths Normalization procedures. The resulting Functional Dependency Diagrams were used to design tables for subsequent querying with Microsoft SQL Language. Results from the study indicated that Smiths Normalization and Functional Dependency Diagrams are suitable for the automatic generation of fully Normalized Tables and a successful query of and displayed of multi-parcel ownership. On the other hand, it has been observed by various authors that typical Cod Normalization procedures do not support the display of multi-parcel ownership and automatic production of fully Normalized tables.
The Challenge Of Sustaining Pastoralism Land Tenure System For Ecological Conservation Of The Maasai Mara
(2017-09-25) Wayumba, Gordon
In the Maasai Mara ecosystem, nomadic pastoralism remains a dominant form of land tenure where pastoralists align their livelihoods with seasonal climate variations by systematically moving their livestock to different feed locations. In recent past, nomadic pastoralism in the Maasai Mara is challenged by the concept of private property where conventional private property regimes seek to allocate individual rights to land traditionally over a fixed and well-defined areas, including group ranches. Following the period of decolonization in Africa, implementation of these programmes became popular worldwide, even in regions with arid and semi-arid climate. However, pastoralism as a tenure system persisted and conflicts soon ensured with the individual property owners; and contemporary drivers, many underpinned by climate change agenda, further complicate these tenure conflicts. Despite all the conflicts and the value of pastoralism in ecosystem conservation, spatial information about pastoralist’s tracks and migration corridors often remain undocumented. Consequently, the spatial information about pastoralism has not been incorporated in the local land information systems or land use planning. The situation is worsening as land is continuously being surveyed, demarcated and allocated for private purposes. Social and economic welfare among pastoralists has declined as it depends on the freedom to access water and grazing areas. The challenge is therefore to inventory the cattle tracks and migration corridors, and include this information in local land information system, so that it may contribute to better planning, and alleviating the problems resulting from depriving the pastoralists access to the daily and seasonal resources. This paper therefore set out to look into the changing pastoralist land tenure (and land use) regime in the Maasai Mara conservancy, in Kenya, and proposes innovative geospatial-based methodology for comprehensive documentation of the pastoralist routes as a means of understanding climate change induced migration and thereby plan how pastoralism can be better sustained for better ecological management.
Aspects Of Customary Land Tenure Rights In Kenya
(2017-09-25) Wayumba, Gordon
This paper argues that the imposition of Western-style land tenure system into Kenya has not killed the spirit of the customary tenure. Instead, the customary system only went underground where it continued to grow despite the overlay of statutory law that was designed to replace it. That resilience and persistence is evident in several ways; for example, available literature indicates that many communities in Kenya continue to implement customary law in a way that indicates that customary tenure provides better solution to societal problems than the western statute laws. Consequently, many communities in Kenya continue to rely on customary tenure methods to solve land disputes as they claim that western-based courts are expensive, cumbersome and the judiciary system can be compromised. This paper therefore examines the current status of customary tenure among the Kenyan communities and how it performs visa vi vis the western-based tenure systems. The paper concludes that customary tenure still provides the only meaningful framework for the organization of social and economic livelihoods in Africa; and should therefore not be extinguished but instead be restructured to fit into modern economic regimes of the 21st Century.
A Methodology For The Enhancement Of Tenure Security In The Informal Settlements In Kenya
(2017-09-25) Wayumba, Gordon
A major challenge facing African today is the growth of urban informal settlements. From a government perspective, management of the proliferation of informal settlements implies planning and control of the location in which these settlements spring up, improving the social and economic conditions in the informal settlements and ensuring that the residents and neighboring communities enjoy social justice. Of primary importance is the improvement of land tenure security for residents of the informal settlements. Addressing these objectives requires current, accurate, social and spatial information. The greatest challenge however that is the informal settlements are complex, dynamic social systems which experience continuous change. Mapping and documentation of rights in the informal settlement therefore requires accurate and up-to date spatial information which incorporates the dynamic nature of the settlements. For a long time, a system for documenting and processing the database for informal settlements has been lacking. Several methods have been proposed by various authors [Barry and Ruther, 2001; Nordin, 2004; Nordin and Osterberg, 2000] among others. One major missing denominator has been the lack of a pro-poor system for documenting the spatial and non-spatial attributes for comprehensive planning and tenure regularization. Recently, the Social Tenure Domain Model (STDM) has proved useful in fulfilling these mandates. A study was therefore set up in a selected informal settlement in Nairobi to test the suitability of the STDM in procuring the spatial information attributes and database development for the enhancement of tenure security in the informal settlements. Preliminary results show that (i) to carry out socio-economic survey with questionnaires in the informal settlements, all the stakeholders with interest in the informal settlements should be involved right from the beginning. These include; elected political leaders, County technical and administrative officials, social workers who are familiar with the ground situation in the informal settlements, and the resident community members; (ii) inclusion of the local youth in the enumeration exercise assists to track the movements of the beneficiaries; (iii) parents of the youth gain confidence in the project when their children are employed to administer the questionnaires; and (iv) that when computers are kept within the informal settlements and all the data collected are keyed in by the local youth, the communities gain more confidence in the project and support its implementation more enthusiastically. In carrying out mapping of the structures, the following observations were made; (i) high spatial resolution aerial photographs (at scales of 1:10,000 or higher) are adequate for mapping of structures in the informal settlements, (ii) satellite imagery with a spatial resolution of 40cm or lower are not suitable for mapping of the structures in the informal settlements due to lack of adequate resolution to pick the tiny structures, (iii) Social Data Domain Model (STDM) developed by Lemmen [2012] is a suitable database for presentation of the spatial and attribute data in the informal settlements.
A Review Of Recent Land Policy Developments In Kenya
(2017-09-25) Wayumba, Gordon
Land Policy Reviews in Africa are currently supported by a Framework and Guidelines on Land Policy in Africa as developed by the African Union Commission (AUC) and the African Development Bank (AfDB) initiative. The document provides a comprehensive path for the development of land policies and land reforms in Africa with a view to strengthening land rights, enhancing productivity and securing livelihood for the majority of the continents population. The final out-come of the initiative was the Framework and Guidelines on Land Policy in Africa (FGL), which was approved by the Assembly of Africa’s Heads of States and Governments in Libya in July 2009. The FGL promotes the need for a shared vision among all stakeholders of a comprehensive and coordinated policy as a major factor in national development. It urges African Governments to pay attention to: (i) the status of land administration systems, land-rights delivery systems, (ii) land governance structures and land institutions, (iii) ensure adequate budgetary allocations for land policy development and implementation, (iv) enable African Governments learn from past successes and setbacks, and (v) make timely adjustments to national land policy processes. The FGL reflects a consensus on land issues, and serves as basis for commitment of African Governments in land policy formulation and implementation, and a foundation for popular participation in improved land governance. Its other fundamental purpose is to engage development partners in resource mobilization and capacity building in support of land policy development and implementation. The FGL considers that land policy is a sine qua non for Africa’s realization of its development agenda, and recommends that the FGL be adopted as a toolkit and reference for the development of efficient national and regional land policies and programmes. This paper therefore summarizes recent land policy developments in Kenya based on the above guidelines; and also reviews the challenges that have been observed in the implementation of the new land policy.
A Historical Review of Land Tenure Reforms in Kenya
(2017-09-25) Wayumba, Gordon
Land Tenure is a collection of relationships which exist between members of a society by virtue of their occupation and use of land [Ezigbalike and Benwell, 1995]. These relationships are dynamic and change with cultural and societal developments [Ting and Williamson 199a]. Feudalism was associated with the fiscal cadastre and the development of the individual tenure. The industrial revolution of the 17th Century precipitated the on-set of land markets and Torrens system; while the information revolution of 1980s created the subdivision of land, the concept of Agenda 21 and sustainable development, and the multipurpose cadastre. It is evident that the growth of land tenure systems is indeed related to changing human-land relations, historical developments and changing political circumstances. understanding such changes greatly assists in understanding current land policy issues and the impact of such changes on society at large. Simply the humankind to land relationship in any society is not stable but is continually evolving. This paper therefore set out to review the historical and political developments of the land tenure reforms in Kenya since the First Millenium A.D. It also provides a basis for understanding of the evolution of Kenya as a state and the impact of these tenure reforms on the customary systems which had existed among the Kenyan communities for ages. It introduces the reader to the various legislations that were promulgated to implement the new tenure systems and its impact on the governance of the state before and after attainment of political independence 1963.
Accuracy Assessment Of Preliminary Index Diagrams (PIDS) From High Resolution Orthoimages In Kenya
(2017-09-25) Wayumba, Gordon
In Kenya, various types of cadastral maps are in use for land administration; the most famous being Registry Index Maps (RIMs) used in the rural areas due to their ease of production by simple surveying techniques and air survey methods. Such RIMs initially intended as a temporary measure to speed up land registration pending preparation of more accurate documents, are still in use today resulting in unreliable and lack of up to-date survey information for better land administration. This study investigates a new system that would facilitate quick production of reliable, accurate and up to-date cadastral maps for land administration through the use of high spatial resolution satellite imagery (QuickBird). Three types of data were acquired and integrated to provide a database; namely QuickBird orthoimage, orthophoto and parcel areas from the RIMs. The evaluation was made by statistically comparing parcel areas from, orthophoto (reference data), QuickBird satellite orthoimage and the official PID Area List. The study has demonstrated that the high spatial resolution satellite imagery can be used as an input for indirect land surveying methodology. Statistical analysis indicated that there was no significant difference between parcel areas from orthophoto and satellite orthoimage while there was significant difference between PID and orthophoto areas. Good results were obtained for large and medium size parcels with an average area difference of 0.3% and 1.0% respectively and 2.6% for smaller sized parcels. However, with regard to the minimum requirements for a Land Registry Index Map to be of sufficient accuracy to perform its core functions of parcel identification, boundary relocation, mutation surveys and area computation, it can be reasonably concluded that PIDs from QuickBird orthoimage at a scale of 1:5000 met these requirements.
The Structure of Cadastral System in Kenya
(2017-09-25) Wayumba, Gordon
The cadastral system in Kenya was established in 1903 to cater for land alienation for the white settlers. Since then, a hundred years later, the structure of the system has remained more or less the same despite major changes in surveying technology. The government of Kenya has realized that the current structure is not conducive to economic demands of the 21st century and is interested in re-organizing the structure in line with the current constitutional dispensation and new paradigms in land management. So far, there has been no comprehensive study to evaluate the structure of the cadastral system in Kenya, and this paper presents the results of a study that was carried out in Kenya (as part of PhD research) to evaluate the structure as a means of providing information for re-engineering the cadastral system.
The pastoralist’s parcel: towards better land tenure recognition and climate change response in Kenya’s dry lands
(2017-09-25) Wayumba, Gordon
Conventional notions of the ‘land parcel’ have been extended: previously unrecognized tenures including customary, nomadic, or communal interests are now incorporated into the concept. Technical tools including the Social Tenure Domain Model (STDM) enable these new understandings to be operationalized in land administration systems. The nomadic pastoralists of Kenya’s dry land regions illustrate where these new approaches can be applied. These regions are exposed to multiple competing interests: export-oriented farming, mineral and oil extraction activities, forestry, and tourism all compete with local livelihood strategies like pastoralism. Competition is further heightened by climate change responses of the actors. This paper frames climate change as an opportunity, not only a threat. It discusses the potential for delivering knowledge, tools, and capacity to secure pastoralist land tenures in order to improve climate change responses. Four example Kenyan counties are discussed to illustrate the issues and confirm where such approaches have utility. It is argued that the interaction between conventional and pastoralist tenures needs assessment from spatial, legal, and social tenure perspectives. Such knowledge could be used to deliver innovative land policy toolkits, land administration toolkits, and educational toolkits. These can be used for: supporting development of community friendly investment models for local development plans; enabling innovative recording of pastoralist tenures; and improving awareness between stakeholder groups.
Land Administration Academic Education in Eastern Africa
(2017-09-25) Wayumba, Gordon
The last five years has shown a remarkable growth of academic programs in land administration in Eastern Africa. In recognition of the role of land and land administration, various governments have supported training institutions in their countries to set up programs in the land administration domain. Programs at Bachelor’s level are being offered in Kenya, Ethiopia and Rwanda, and are expected to start in Tanzania. Ethiopia embarked on an MSc program in Land Administration, while universities in Uganda, Tanzania and Rwanda, are developing their postgraduate and/or master’s curricula. A comparative analysis of the Bachelor’s programs offered at Eastern African Universities showed that the programs are quite similar in nature and are covering a broad spectrum of land administration subjects. The Master’s and postgraduate curricula are more specialised, with different orientations in the different universities. An important role in the development of land administration academic education in Eastern Africa played The Royal Institute of Technology (KTH) in Sweden, where many young graduates were trained who later became responsible for the development of the first bachelor’s programs in Ethiopia, Kenya, Tanzania and Uganda. In 2010 these countries and their universities started the Eastern Africa Land Administration Academic Network (EALAAN) in order to support each other in the development of their curricula. In the meantime EALAAN has grown as new members joined or are expected to join soon. It has broadened its focus to include Post Graduate Degree, Master’s programs and vocational training in land administration.

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