1. Constitution of Kenya 2010

This is the supreme law of Kenya that supersedes all other laws and serves as the overall governance charter. It provides for right to decent and affordable housing.

·

Quick Link: https://new.kenyalaw.org/akn/ke/act/2010/constitution/eng@2010-09-03

Chapter 5 of the Constitution is on land and environment. Article 60 enumerates principles of land policy and provides that land shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable. Article 43 of the Constitution provides for the right to accessible and decent housing for all.

· Article 65 provides for land owned by non-citizens by providing that foreigners can only have a leasehold interest in land of no more than 99 years. The earlier leases of more than 99 years were automatically reduced to 99 years.

· Article 66 is the constitutional basis for land use planning. The relevant article provides that the State may regulate the use of any land, or any interest in or right over any land, in the interest of defence, public safety, public order, public morality, public health, or land use planning.

· Article 67 establishes the National Land Commission whose one of the functions is monitoring and having oversight responsibilities over land use planning throughout the country.

· Article 69(1)f provides that the State shall establish systems of environmental impact assessment, environmental audit and monitoring of the environment.

· Article 209(3) provides that a county may impose property taxes. This is the basis for county governments levying rates on property (property taxes).

· The Fourth Schedule of the Constitution provides for the distribution of functions between the national government and county governments. Functions of the national government include: housing policy (section 20); General principles of land planning and the coordination of planning by the counties (section 21) and disaster management (section 24). Functions of the county government include: county planning and development including land survey and mapping and housing (section 8 of Part 2); county public works including storm water management systems in built-up areas and water and sanitation services (section 11).