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The Effectiveness of Land Use Administration and Governance on Controlling Urban Spatial Forms in Nairobi

Received: 15 November 2023    Accepted: 6 December 2023    Published: 18 January 2024
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Abstract

It is recognised that in developing human settlements, the use and tenure of land should be subject to public control, since land is limited in supply. The demand for housing by the middle-income group in Nairobi, as in many other cities of the global south, is of a significant size, and growing at an alarming rate. This article demonstrates that this group is not only an engine of economic growth, but also a driver for new urban spatial forms, including residential developments. However, housing developers for the middle income group, in pursuance of high investment returns, are not necessarily concerned about complying with planning laws and regulations; they have found ways to negotiate with land administration and governance to realise returns from their investments. This phenomenon of non-compliance with planning laws and regulations is an on-going issue of concern for sub-Sahara Africa cities; it creates informality in urban development in that the resulting developments have aspects which are perceived to be outside formal planning stipulations. This article investigates the effectiveness of land use administration and governance on controlling middle-income housing developments in Nairobi. Qualitative interviewing was aimed at understanding perceptions of the planning system by both planners and developers, and how and why their interests differ. It was of interest to this research to find out why non-compliance in land use planning is tolerated or ignored. The study argues that even though developers defy the planning system, their contribution to the production of habitable space is commendable because they bridge a large gap in urban housing provision – they play an important role and planners would do well to embrace this. Non-compliance in land use planning, and informalities in housing developments thereon, does not necessarily produce inappropriate housing for the residents. Resulting residential developments have a niche in the housing market and serve a housing need, affirming that local perceptions and realities are not in sync with formal planning requirements of the state.

Published in Urban and Regional Planning (Volume 9, Issue 1)
DOI 10.11648/j.urp.20240901.12
Page(s) 12-23
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Land Administration, Governance, Non-Compliance, Planners, Developers, Conflicting Interests

References
[1] Anders, G. (2005). Civil servants in Malawi: Moonlighting, kinship and corruption in the shadow of good governance. PhD Manuscript, Law Faculty, Erasmus University, 15.
[2] Bayart, J. F. (2009). The State in Africa: The Politics of the Belly. Cambridge: Polity Press.
[3] Berrisford, S. (2011a). Why It Is Difficult to Change Urban Planning Laws in African Countries. In Urban Forum (Vol. 22, No. 3, pp. 209-228). Springer Netherlands.
[4] Blundo, G., de-Sardan, J. P. O., Arifari, N. B., & Alou, M. T. (2008). Everyday corruption and the state: Citizens and public officials in Africa. Bloomsbury Publishing.
[5] City Council of Nairobi (2004), A Guide of Nairobi City Development Ordinances & Zones, Unpublished Report: Department of City Planning, City Council of Nairobi. https://ccn-ecp.or.ke/asset_uplds/files/zoneguide.pdf
[6] City Council of Nairobi (2010). City Planning Department. Development Applications Awareness Guide. https://ccn-ecp.or.ke/asset.../Planning
[7] City Council of Nairobi (2008). Approved fees and charges, 2008. Gazette Notice No. 10312.
[8] City County of Nairobi (2013). The Finance Act 2013. http://www.nairobi.go.ke/assets/Documents/finance-city-county-act2013-2-1.pdf
[9] City Council of Nairobi (Undated). Development Control, Monitoring and Enforcement Sections. Service Charter. https://ccn-cp.or.ke/asset_uplds/files/Charter%20poster2.pdf
[10] Friedrich, C. J. (2017). Corruption concepts in historical perspective. In Political Corruption (pp. 15-24). Routledge.
[11] Gatabaki-Kamau, Rose and Karirah-Gitau, S. (2004) Actors and interests: the development of an informal settlement in Nairobi, Kenya, in Hansen, K. T. and Vaa, M. (eds) Reconsidering Informality: Perspectives from Urban Africa, Uppsala: Nordiska Afrikainstitutet, p 158-75.
[12] Gandy, M. (2006). Planning, anti-planning and the infrastructure crisis facing metropolitan Lagos. Urban Studies, 43(2), 371-396.
[13] Goodfellow, T. 2013. ‘Planning and development regulation amid rapid urban growth: explaining divergent trajectories in Africa’. Geoforum, Vol 48, pp. 83-93.
[14] Guy, S., & Hanneberry, J. (Eds.). (2008). Development and developers: perspectives on property. John Wiley & Sons.
[15] Harvey, D. (2018). The limits to capital. Verso books.
[16] Healey, P., & Shaw, T. (2006). Planners, plans and sustainable development. Regional Studies, 27(8), 769-776.
[17] Huang, C. Y., D’Aoust, O., Lall, S. V., Aguilar, J., & Bird, J. (2017). Clarifying Property Rights and Strengthening Urban Planning. elibrary.worldbank.org
[18] K ’akumu, O. A., & Olima, W. H. A. (2007). The dynamics and implications of residential segregation in Nairobi. Habitat International, 31(1), 87-99.
[19] Mbaku, J. M. (2010). Corruption in Africa: Causes, consequences, and cleanups. Lexington Books.
[20] Musyoka, Rose (2006) Non-compliance and formalisation: mutual accommodation in land subdivision processes in Eldoret, Kenya, International Development Planning Review, 28, 2, 235-61.
[21] Mwangi, M. (2016). Urban growth management in sub-Saharan Africa: conflicting interests in the application of planning laws and regulations in middle income residential developments in Nairobi (Doctoral dissertation, University of Sheffield). http://etheses.whiterose.ac.uk/15563/
[22] Mwangi, W. N. & Nyika, D (2010); The impacts of poor Governance on Land Development Applications Processes, Nairobi, 46th ISOCARP Congress 2010.
[23] Nairobi City County (2014). The Nairobi City County Regularisation Bill, 2014. Bill for introduction into the Nairobi City County Assembly. http://nrbcountyassembly.go.ke/files/The_Nairobi_City_County_Regularisation_of_Developments_Bill_2014(1).pdf
[24] Nwaka, G. (2005). Planning sustainable cities in Africa. Canadian Journal of Urban Research, 5, 119-136.
[25] Olima, W. H. A. (1997). The conflicts, shortcomings, and implications of the urban land management system in Kenya. Habitat International, 21(3), 319-331.
[26] Oyugi, M. O., & K’Akumu, O. A. (2007, January). Land use management challenges for the city of Nairobi. In Urban forum (Vol. 18, No. 1, pp. 94-113). Springer Netherlands.
[27] Payne, G. (2001) 'Urban land tenure policy options: titles or rights?', Habitat International 25: 415-429.
[28] Payne, G. (2004). Land tenure and property rights: an introduction. Habitat international, 28(2), 167-179.
[29] Pickvance, C. (2013). Physical planning and market forces in urban development. Critical Readings in Planning Theory: Urban and Regional Planning Series, 27, 69-82.
[30] Republic of Kenya (1968). The Building Code. http://www.kenyalaw.org/
[31] Republic of Kenya (1968). The Local Government Act (Cap. 265). http://www.kenyalaw.org/
[32] Republic of Kenya (1986). The Public Health Act (Cap. 242). http://www.kenyalaw.org/
[33] Republic of Kenya (1991). Handbook on land use planning, administration and development procedure, Nairobi, the Kenya Building Research Centre.
[34] Republic of Kenya (1996). The Physical Planning Act, CAP 286. http://www.kenyalaw.org/
[35] Republic of Kenya (1999). Sessional Paper No. 6 of 1999 on Environment and Development. Government Printers, Nairobi.
[36] Republic of Kenya (1999). The Environmental Management and Coordination Act No. 8 of 1999. http://www.kenyalaw.org/
[37] Republic of Kenya (2004). Ministry of Housing, National Housing Policy for Kenya: Sessional Paper No. 3 of 2004.
[38] Republic of Kenya (2004a). Ndung’u Commission Report. Report of the Commission of Inquiry into the Illegal/Irregular Allocation of Public land. Retrieved April 20, 2015 from http://cemusstudent.se/wp-content/uploads/2013/01/Ndungu-Land-Report.pdf
[39] Republic of Kenya (2008). Kenya Vision 2030 Development Programme. http://www.vision2030.go.ke/
[40] Republic of Kenya (2008a): Ministry of Nairobi Metropolitan Development. Nairobi Metro 2030 – A World Class African Metropolis: Building a Safe, Secure and Prosperous Metropolitan. Nairobi.
[41] Republic of Kenya (2009). National Bureau of Statistics. Census 2009. http://statistics.knbs.or.ke/
[42] Republic of Kenya (2010). The Constitution of Kenya. https://www.kenyaembassy.com/pdfs
[43] Republic of Kenya (2012). The County Government Act. http://www.kenyalaw.org/
[44] Republic of Kenya (2012a). Statement by Chief Housing Planning Officer, Ministry of Housing, Kenya. Retrieved October 25, 2014 from; http://www.lth.se/fileadmin/hdm/alumni/papers/SDD_2008_242b/Nora_Matindi_Kenya.pdf
[45] Republic of Kenya (2013). National Bureau of Statistics. Kenya National Housing Survey 2012/2013. http://statistics.knbs.or.ke/
[46] Republic of Kenya (2015). Ministry of Lands, Housing and Urban Development. The plan for intervention by the Executive Task Force on Nairobi Decongestion, 2015.
[47] Republic of Kenya (Undated). Ministry of Housing. Vision and Mission Statements.
[48] Roy, A. (2005). Urban informality: toward an epistemology of planning. Journal of the American Planning Association, 71(2), 147-158.
[49] Roy, A. 2009. Why India cannot plan its cities: Informality, insurgence and the idiom of urbanization. Planning Theory 8(1): 76–87.
[50] Rydin, Y. (2011). The purpose of planning: Creating sustainable towns and cities. Policy Press.
[51] Sandercock, L. (2003). Cosmopolis II: Mongrel cities of the 21st century. Continuum.
[52] Taylor, N. (1998). Urban planning theory since 1945. Sage Publications Limited.
[53] Transparency International website (2015). Retrieved 16/3/16. http://www.transparency.org/what-is-corruption/#define
[54] Tyler, T. R. (1990). Why people obey the law: Procedural justice, legitimacy, and compliance. Yale University Press. New Haven, United States.
[55] United Nations Centre for Human Settlements (1999). Reassessment of urban planning and development regulations in African cities. The Stationery Office.
[56] UN-Habitat (2007). Presentation by Mrs Anna K Tibaijuka, Under Secretary General of the United Nations and Executive Director of UN-Habitat to the Planning Convention of the Royal Town Planning Institute.
[57] UN-Habitat (2015). Website. Urban themes. http://unhabitat.org/urban-themes/planning-and-design/
[58] Watson, V. (2009). Seeing from the South: Refocusing urban planning on the globe’s central urban issues. Urban Studies, 46(11), 2259-2275.
[59] Werner, M., Otieno, V., and Wakhungu, J. (2011). Kenya's urban development in the 21st century: the call for innovative initiatives from local authorities.
[60] World Bank (2011). Good Urban Governance through ICT: Issues, Analysis, and Strategies. Africa Urban & Water Sector Unit (AFTUW).
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  • APA Style

    Mwangi, M. M. (2024). The Effectiveness of Land Use Administration and Governance on Controlling Urban Spatial Forms in Nairobi. Urban and Regional Planning, 9(1), 12-23. https://doi.org/10.11648/j.urp.20240901.12

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    Mwangi, M. M. The Effectiveness of Land Use Administration and Governance on Controlling Urban Spatial Forms in Nairobi. Urban Reg. Plan. 2024, 9(1), 12-23. doi: 10.11648/j.urp.20240901.12

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    AMA Style

    Mwangi MM. The Effectiveness of Land Use Administration and Governance on Controlling Urban Spatial Forms in Nairobi. Urban Reg Plan. 2024;9(1):12-23. doi: 10.11648/j.urp.20240901.12

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  • @article{10.11648/j.urp.20240901.12,
      author = {Mary Muthoni Mwangi},
      title = {The Effectiveness of Land Use Administration and Governance on Controlling Urban Spatial Forms in Nairobi},
      journal = {Urban and Regional Planning},
      volume = {9},
      number = {1},
      pages = {12-23},
      doi = {10.11648/j.urp.20240901.12},
      url = {https://doi.org/10.11648/j.urp.20240901.12},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.urp.20240901.12},
      abstract = {It is recognised that in developing human settlements, the use and tenure of land should be subject to public control, since land is limited in supply. The demand for housing by the middle-income group in Nairobi, as in many other cities of the global south, is of a significant size, and growing at an alarming rate. This article demonstrates that this group is not only an engine of economic growth, but also a driver for new urban spatial forms, including residential developments. However, housing developers for the middle income group, in pursuance of high investment returns, are not necessarily concerned about complying with planning laws and regulations; they have found ways to negotiate with land administration and governance to realise returns from their investments. This phenomenon of non-compliance with planning laws and regulations is an on-going issue of concern for sub-Sahara Africa cities; it creates informality in urban development in that the resulting developments have aspects which are perceived to be outside formal planning stipulations. This article investigates the effectiveness of land use administration and governance on controlling middle-income housing developments in Nairobi. Qualitative interviewing was aimed at understanding perceptions of the planning system by both planners and developers, and how and why their interests differ. It was of interest to this research to find out why non-compliance in land use planning is tolerated or ignored. The study argues that even though developers defy the planning system, their contribution to the production of habitable space is commendable because they bridge a large gap in urban housing provision – they play an important role and planners would do well to embrace this. Non-compliance in land use planning, and informalities in housing developments thereon, does not necessarily produce inappropriate housing for the residents. Resulting residential developments have a niche in the housing market and serve a housing need, affirming that local perceptions and realities are not in sync with formal planning requirements of the state.
    },
     year = {2024}
    }
    

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    AB  - It is recognised that in developing human settlements, the use and tenure of land should be subject to public control, since land is limited in supply. The demand for housing by the middle-income group in Nairobi, as in many other cities of the global south, is of a significant size, and growing at an alarming rate. This article demonstrates that this group is not only an engine of economic growth, but also a driver for new urban spatial forms, including residential developments. However, housing developers for the middle income group, in pursuance of high investment returns, are not necessarily concerned about complying with planning laws and regulations; they have found ways to negotiate with land administration and governance to realise returns from their investments. This phenomenon of non-compliance with planning laws and regulations is an on-going issue of concern for sub-Sahara Africa cities; it creates informality in urban development in that the resulting developments have aspects which are perceived to be outside formal planning stipulations. This article investigates the effectiveness of land use administration and governance on controlling middle-income housing developments in Nairobi. Qualitative interviewing was aimed at understanding perceptions of the planning system by both planners and developers, and how and why their interests differ. It was of interest to this research to find out why non-compliance in land use planning is tolerated or ignored. The study argues that even though developers defy the planning system, their contribution to the production of habitable space is commendable because they bridge a large gap in urban housing provision – they play an important role and planners would do well to embrace this. Non-compliance in land use planning, and informalities in housing developments thereon, does not necessarily produce inappropriate housing for the residents. Resulting residential developments have a niche in the housing market and serve a housing need, affirming that local perceptions and realities are not in sync with formal planning requirements of the state.
    
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Author Information
  • Department of Construction and Real Estate Management, School of Engineering and Architecture, Kenyatta University, Nairobi, Kenya

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