BOX TWO
Key policies in relation to land, housing and building regulations Land Policy Draft: In 2009, a Land Policy Draft was proposed, addressing informal settlements and other vulnerable groups. It was formulated in association with stakeholders from public, private and civil society through regional workshops and thematic groups. In relation to the situation of Mashimoni, it proposed the following opportunities: a legal framework for transference of un-utilised land; and to create a regime of secondary land rights. The policy, however, is invalid and is in need of re-formulation according to the new constitution. Delays in the passing of this policy underlines the already existing limitations within the policy processes which could be exacerbated through the passing of the new constitution. The Land Act: The Land Act also addresses informal settlements. If the residents of Mashimoni wish to own or lease a plot of land, all of Mashimoni’s residents need to be represented through a community entity. While this is obviously an opportunity for Mashimoni to secure land rights, the representative group could potentially abuse this recognition and favour themselves or certain members of the community. Housing Policy Draft Bill: The housing situation is somewhat similar to the current land situation, though still more undefined. A housing policy draft bill recognises the need for slum upgrading by proposing: building codes; affordable housing; a national housing authority. However, as with the land situation, the policy is in need of re-formulation to fit the new constitution and there is in general a lack of information regarding the future of a potential housing policy. This delays the process and makes any implementation difficult due to a lack of legal frameworks for any slum upgrading. Physical Planning Act: Similarly, the Physical Planning Act is still based on a rigid planning scheme, with no acknowledgement of informal settlements and structures that are not in compliance with the current land requirements. On a positive note, it is likely that this will change with the new urban development policy. This is still only in a stage of concept proposal but it suggests bringing more structure to the development of Kenyan cities and proposes the need to address informal settlements and make sure that informal dwellers are informed of relevant policy implications. 45