5. Sessional Paper No. 3 of 2009, the National Land Policy

The Policy is the major policy document governing the entire land sector and which informs laws in the Kenyan land sector.

Quick Link: https://repository.kippra.or.ke/xmlui/bitstream/handle/123456789/1283/Sessional-paper-on-Kenya-National-Land-Policy.pdf?sequence=3&isAllowed=y

· Paragraph 120 acknowledges that large tracts of land remain unutilized and provides for various principles including the provision of appropriate incentives and sanctions to ensure landowners use their land productively and sustainably.

· Paragraph 177 requires the Government to establish land banks and make land available for investment and development including procuring the land through purchase and donations. This land is then to be used for redistribution, restitution and settlement. Despite this provision, there is currently no land bank yet for purposes of national development programmes.

· Paragraph 211 provides for dealing with the challenge of informal settlements by providing, the government to facilitate the regularization of existing squatter settlements found on public and community land for purposes of upgrading and development; develop a slum upgrading and resettlement programme under specified flexible tenure systems; establish a legal framework for transferring unutilised land and land belonging to absentee landowners to squatters and those living in informal settlements.

· Overall, the National Land Policy 2009 was due for review in 2019 (after ten years) though this is yet to be completed. While the review process was initiated by the Ministry, it needs to be fast tracked to take account of developments that have occurred in the last decade and inform future legislative developments. Support may be accorded on this front.

· The development of a Land Sector Gender Policy is also in progress, and support can be accorded as well.