The Kenya Physical and Land Use Planning Act 2019-    A snap critical review
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The Kenya Physical and Land Use Planning Act 2019- A snap critical review

The Physical and Land Use Planning Act 2019 in Kenya was enacted to provide a comprehensive framework for the regulation of physical and land use planning in the country. While the Act represents a significant step towards improving land use management and urban planning, it has also been subject to various critiques. Here is a detailed critique of the Act:

?Positive Aspects?

1. Comprehensive Framework:

???- The Act provides a detailed framework for land use and physical planning, which includes guidelines for preparation, approval, and implementation of development plans at various levels (national, county, and local).

?2. Decentralization:

???- The Act decentralizes planning responsibilities to county governments, enhancing local input and decision-making in the planning process. This aligns with the principles of devolution in Kenya's 2010 Constitution.

?3. Public Participation:

???- It mandates public participation in the planning process, ensuring that communities have a say in the development plans that affect them. This is crucial for promoting transparency and accountability.

4. Environmental Considerations:

???- The Act incorporates environmental considerations in the planning process, promoting sustainable development and the protection of natural resources.

?Critiques

?1. Implementation Challenges:

???- One of the main criticisms is the challenge of implementing the Act effectively. Many counties may lack the necessary technical expertise, financial resources, and institutional capacity to carry out their planning functions adequately.

?2. Coordination Issues:

???- There are concerns about the coordination between national and county governments. The division of responsibilities is not always clear, leading to potential overlaps or gaps in planning functions.

?3. Enforcement and Compliance:

???- Enforcement of the Act’s provisions is another significant challenge. There are instances where development projects proceed without proper approvals or in violation of approved plans, often due to corruption or lack of oversight.

?4. Public Participation Mechanisms:

???- While the Act mandates public participation, the mechanisms for ensuring meaningful participation are not well-defined. This can result in tokenism, where public input is sought but not genuinely considered in decision-making.

?5. Urban-Rural Disparities:

???- The Act may inadvertently reinforce urban-rural disparities. Urban areas tend to have better planning and infrastructure development compared to rural areas, which may continue to lag behind.

?6. Land Tenure and Ownership Issues

???- The Act does not adequately address the complex issues of land tenure and ownership in Kenya, which can complicate the planning process. Land disputes and unclear land ownership can hinder the implementation of development plans.

?7. Conflict with Existing Laws:

???- There are potential conflicts between the Physical and Land Use Planning Act and other existing laws and regulations related to land and development, such as the Environmental Management and Coordination Act (EMCA) and the National Land Commission Act. This can create confusion and hinder effective planning and development.

?Recommendations

?1. Capacity Building:

???- Enhance the capacity of county governments through training and provision of resources to ensure they can effectively carry out their planning functions.

?2. Clear Coordination Mechanisms:

???- Establish clear mechanisms for coordination between national and county governments to avoid overlaps and ensure coherent planning and development efforts.

?3. Strengthen Enforcement:

???- Strengthen enforcement mechanisms to ensure compliance with the Act, including addressing issues of corruption and enhancing oversight.

?4. Enhance Public Participation:

???- Develop and implement clear guidelines for public participation to ensure that it is meaningful and that community inputs are genuinely considered in planning decisions.

?5. Address Land Tenure Issues:

???- Work towards resolving land tenure and ownership issues to provide a clear basis for planning and development activities.

?6. Harmonize Laws:

???- Review and harmonize the Physical and Land Use Planning Act with other relevant laws to ensure consistency and avoid conflicts that can hinder effective implementation.

?In conclusion, while the Physical and Land Use Planning Act 2019 provides a solid foundation for improving land use and physical planning in Kenya, addressing the implementation challenges and ensuring meaningful public participation will be critical for its success.


Hello Pln., ir. Emmanuel M. - thank you for providing this summary. Can I invite you to look at the Legal and Regulatory Review for Housing developed for FSD Kenya, that CAHF | Centre for Affordable Housing Finance in Africa has published here https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-c-laws-policies-regulations-governing-physical-planning/4.-physical-and-land-use-planning-act-no.-13-of-2019 ? I would be very interested in your comments, especially in terms of how the Act engages with affordable housing. We wish to create a space for debate around all aspects of Kenya's housing policy and regulatory framework. Seeta Shah Beatrice Mwangi Muriuki Muriungi Allan Mutuma

Paul Ortais

Sustainable cities planner and high-end control systems architect - I do not invite without telling why

7 个月

If the goal is to depart from the today trend and explore the environmental approach, the main difficulty would come from trying to replay the today industrialized and financed "solutions". Money IS the fundamental obstacle to reach a resilient form of life, for all its mechanisms demand the destruction of anything sustainable. Solidarity is mandatory and efficient, but can be reached only once people escape the "economy" needs.

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