UN-Habitat Country Programme Document - Kenya

8/12/2019 UN-Habitat Country Programme Document - Kenya

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United Nations Human Settlements Programme

Regional Office for Africa

2

Excerpts from this publication may be reproduced without authorization,on condition that the source is indicated.

United Nations Human Settlements Programme (UN-Habitat), 2013

Cover photo UN-Habitat

HS Number: HS/018/13EISBN Number (Series): 978-92-1-132030-5ISBN Number (Volume): 978-92-1-132556-0

United Nations Human Settlements Programme publications can beobtained from UN-Habitat Regional and Information Offices or directly

from:

PO Box 30030-00100Nairobi, Kenya

[email protected]

www.unhabitat.org


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COUNTRY PROGRAMME DOCUMENT20132015 3

KENYA

CONTENTS

FOREWORD EXECUTIVE DIRECTOR 4

THE URBAN CHALLENGE 5 National urban policy context 5

Focus area 1: Advocacy, monitoring and partnerships 8

Focus area 2:Participatory urban planning, management and governance 8

Focus area 3:Pro-poor land and housing 10

Focus area 4: Environmentally sound basic urban infrastructure and services 12

Focus area 5: Strengthened Human Settlements Finance Systems 14

STRATEGY FOR 2013-2015 12

National development goals and priorities 12

UN system proposed strategy for the urban sector 17

UN-Habitat proposed strategy for the urban sector 18 Implementation arrangements 20

FRAMEWORK, GUIDELINES, AND SELECTED FOCUS AREAS FOR UN-HABITATPROGRAMMES IN KENYA 20132015 21

Framework 21

Guidelines 21

Focus areas 22

ANNEX 1: PROJECT AND PROGRAMME PROPOSALS FROM THE HABITAT COUNTRYPROGRAMME DOCUMENT GOVERNMENT OF KENYA CONSULTATION OF 14NOVEMBER 2012 25

ANNEX 2: ONGOING UN-HABITAT PROJECTS AND ACTIVITIES IN KENYA, 2012 27

ACRONYMS 29


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FOREWORD

EXECUTIVE DIRECTOR

Kenya is the host countryfor the United NationsHuman SettlementsProgramme, UN-Habitat.

In April 2007, theGoverning Council ofUN-Habitat approvedthe agencys 20082013Medium-Term Strategicand Institutional Plan.The plan provides a

framework for securing greater alignment of UN-Habitats normative and operational activities at thecountry level. The UN-Habitat Country ProgrammeDocuments are tangible components of the plan anda genuine endeavour to strategically develop countryprogrammes in a consultative and inclusive processinvolving UN-Habitats country team and headquarterbranches, national governments, sister agencies fromthe UN Country Team, and development partners. Thedocuments also provide an opportunity to harmonizeUN-Habitats country programmes with the activitiesof other development partners. In light of the factors

shaping 21st century cities, they also take intoaccount the seven new focus areas of UN-Habitat:Urban Legislation, Land, and Governance; UrbanPlanning and Design; Urban Economy; Urban BasicServices; Housing and Slum Upgrading; Risk Reductionand Rehabilitation; and Research and CapacityDevelopment.

The formulation of the Kenya Country ProgrammeDocument (20132015) marks a historic turningpoint in UN-Habitats partnership with Kenya. Thisdocument comes at a time when Kenya is in transitionto a devolved system of governance under a newconstitution and also after the Government of Kenyahas formulated Vision 2030 (and its five-year mid-term plans), a strategic plan that aims to transformKenya into a newly industrialized, middle-incomecountry. Vision 2030 incorporates the UnitedNations Millennium Development Goals, which wereformulated to help eradicate extreme poverty. Forthe urban sector, Vision 2030 places infrastructure,land reform, environmental management, housing,urbanization, and a nationwide urban planning anddevelopment campaign at the top of the developmentagenda. The Kenya Country Programme Document

also comes at a time when the UN Country Team inKenya has started the formulation of the next UNDevelopment Assistance Framework (20142019).

To overcome the past fragmentation of UN-Habitats

programme in Kenya, this document will become theprogramming platform for the agencys new KenyaCountry Programme. Further, and in order to enhanceUN-Habitats effectiveness as a player in the Kenyanurban sector, the new Kenya Country Programmewill adhere to and support joint programmaticprinciples such as Delivering as One, and workwith the Government of Kenya, relevant civil societyand private sector organizations, the UN CountryTeam, and the donor community in Kenya. The newprogramme will be organized through not more thanfive large and integrated programmes, including jointprogrammes with other UN agencies and partners.

I have full trust that the Kenya Country ProgrammeDocument, whose formulation has involved thegovernment and other development partners,will inform a wide range of processes relatedto sustainable urbanization in the country. Thedocument also recognizes the expressed priorities ofboth government and donor partners, with a morepronounced focus on decentralization and devolution;land and land legislation; water and sanitation;climate change; slum and housing policies, legislation,and action plans; and urban design and planning.

It provides the framework for greater partnerships,including with civil society and non-governmentaldevelopment actors, many of whom were consultedduring its preparation.

I take this opportunity to thank the various partnerswho contributed to the formulation of this UN-Habitat Country Programme Document, especially theGovernment of Kenya, which made invaluable inputsthrough UN-Habitats focal point, the Ministry ofHousing, and also through the newly formed NationalHabitat Committee.

Dr. Joan Clos

Under-Secretary-General of the United Nations

and Executive Director, UN-Habitat


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1.1 NATIONAL URBAN

POLICY CONTEXT

URBAN CONDITIONS AND TRENDS

The Government of Kenya has formulated Vision2030, a strategic plan that aims to transform thecountry into a newly industrialized, middle-incomecountry. Vision 2030 incorporates the MillenniumDevelopment Goals of the United Nations, which wereformulated to help eradicate extreme poverty. Forthe urban sector, Vision 2030 places infrastructure,land reform, environmental management, housing,

urbanization, and a nationwide urban planning anddevelopment campaign at the top of the developmentagenda. The new Constitution of Kenya introducesdevolved government as a key additional reform. Aflagship project is the Metropolitan and InvestmentPlans Initiative for six regions greater Nairobi;Mombasa; Kisumu-Kakamega; Nakuru-Eldoret;Wajir-Garissa-Mandera; and Kitui-Mwingi- Meru also border towns, and all other municipalities1.

Kenyas population increased from 28.7 million in1999 to 38.6 million in 2009 and will be about42 million in 2012 and 65 million in 20302. Youngpeople (1024 years) constitute 35 percent of thepopulation while youth unemployment represents 78percent of total unemployment. Underemploymentand the unavailability of decent jobs are thuschallenges for the youth in urban areas. Unequalaccess to education often leads to limited income,employment, and housing opportunities. In thelong term, persistent intergenerational inequitydeprives youth of their political, economic,social, and cultural rights to the city3.

The 2009 National Housing and Population Census

confirmed that about 32 percent of the populationwas living in urban areas. Specifically, Kenyas fivelargest towns (Nairobi, Mombasa, Kisumu, Nakuru,and Eldoret) host approximately one-third of theurban population. It is estimated that urban areaswill account for 45 percent of the population or16.5 million people by 2015 and for 54 percent or23.6 million people by 2030. However, Kenya mayhave to review the concept of what constitutesan urban area and take into account urbanconglomerations, urban expansion trends and peri-

1 Kenyas Urban Development in the 21st Century, Marcel Werner, ViolaOtieno, Judi Wakhungu, 20112 Population, Urbanization, and Housing Sector Note, Pre-DevelopmentPartnership Forum, Office of the Deputy Prime Minister and Ministry ofFinance Aid Effectiveness Group, 17 June 20113 State of the Urban Youth 2010/11 Leveling the Playing Field: Inequality ofYouth Opportunity, UN-Habitat, 2010

urban regions in order to arrive at realistic projections

for urban populations and related planning.The urban poor make up 51.5 percent of the totalpoor population of Kenya, and poverty, to a significantdegree, is an urban issue4. Gender inequalitiesremain severe, with female slum dwellers fivetimes more likely to be unemployed than males.

The 2011 Human Development Index indicatesthat Kenyas gross national income per capita wasUSD 1,492, and Kenyas urban centres account formore than 65 percent of gross national income5.

Kenya ranks 128th out of 169 countries on the 2010

Human Development Index. Fifty-four percent ofthe population is satisfied with affordable housing,64 percent with the education system and schools,79 percent with air quality, and 45 percent withwater, but 41 percent of Kenyans have no accessto a water supply and 69 percent lack sanitation6.

According to Marcel C. Werner et al., The evolutionof local government in Kenya has passed throughthree significant stages: the colonial era, the earlyindependence period, and the reform period.In the colonial era, local authorities had limited

responsibilities mainly in public order and sanitation.The system of government was centralised Afterindependence, the local government sector went intosteep decline. The darkest period was the 1990sRevenues were down, staff levels and salaries wentup, and services were gone. Around three quartersof budgets went to salaries Councils were virtuallygrounded, unable to provide any noticeable servicesand with officers preoccupied with pursuing personalgains7It is therefore not surprising that, accordingto the Liveability Ranking and Overview8, whichmeasures the quality of life in cities and ranks them interms of local authorities performance, no Kenyan (or

African) city or town received a favourable ranking.

Todays urban challenges in Kenya are thereforethe result of post-independence policy andplanning failures and inadequate legal frameworks.Kenyas rapid urban growth comes with a hostof problems, including high unemployment, therapid proliferation of slums, overstretched anddeteriorating infrastructure and services, chokingtraffic congestion, environmental disasters and the

4 Te State of African Cities 2010: Governance, Inequality and Urban LandMarkets, UN-Habitat, 2010

5 Human Development Report 2011: Sustainability and Equity A BetterFuture for All, UNDP, 20116 Kenyas Urban Development in the 21st Century, Marcel Werner, ViolaOtieno, Judi Wakhungu, 20117 Ibid.8 Liveability Ranking and Overview, Economist Intelligence Unit Ltd.,2011

1. THE URBAN CHALLENGE


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fast disappearance of urban greenery, an acuteshortage of affordable housing and residentialland amid financial speculation, high insecurity andcrime rates (even though there are different viewson the state of security), lacklustre or arbitrary lawenforcement, petty politics coupled with politicalhigh-handedness, and all-pervasive corruption.

So far, Kenya has not had a national policy onurbanization that would guide proper planning, servicedelivery, and management of towns and cities. Theformulation of a national urban development policystarted in March 2011 and is ongoing. It will addressthe following thematic areas: urban economy; urban

finance; urban governance and management; nationaland county urban planning; land, environment, andclimate change; social infrastructure and services;physical infrastructure and services; urban housing;urban safety and disaster risk management; andmarginalized and vulnerable groups. The policysoverall vision is to have secure, well-governed,competitive, and sustainable cities and urban areas1.

The new Urban Areas and Cities Act 2011addresses devolution and provides for new-stylecouncils that will be supervised by a college ofappointed commissioners, half of which will be

hired competitively, half nominated by governmentand civil bodies. The act also makes urban planningmandatory and enforceable. This is an excellentplatform for local government reform. However, 70overlapping, uncoordinated Acts of Parliament guideurban development in Kenya and require reformand consolidation under the new constitution.

INSTITUTIONAL RESPONSIBILITIESFOR THE URBAN SECTOR ATNATIONAL AND LOCAL LEVEL

Currently the Government of Kenya has a largecabinet with 42 ministries, but this will change afterthe upcoming elections, when the new constitutionbecomes fully operational. It stipulates that the cabinetshall consist of the President, the Deputy President, theAttorney-General, and between 14 and 22 appointedCabinet Secretaries (formerly Ministers). Fourministries have urban responsibilities in the presentgovernment structure: Local Government; Lands;Housing; and Nairobi Metropolitan Development. It isstill open, how these four and other related ministriesmight be merged when a smaller cabinet becomes

effective, and the National Habitat Committee iscalled upon to raise this issue for consultations.

1 Draft National Urban Development Policy, Office of the Deputy PrimeMinister and Ministry of Local Government, December 2011

The Ministry of Local Government facilitatesgovernance and the service delivery of localauthorities. The ministry formulates local authoritysector policies and supports local authorities inproviding infrastructure to their citizens. It hasoversight responsibilities over the Local AuthoritiesTransfer Fund; Local Authorities Service DeliveryAction Plan; Local Authorities Loans Authority;Local Authorities Provident Fund; and LocalAuthorities Superannuation Fund. The ConstituencyDevelopment Fund will be abolished.

The Ministry of Lands role is to efficiently manageKenyas land resources. To achieve its aims of

maintaining access, equity, and optimality in landuse, the ministry works with a variety of stakeholders.They include public and private organizations, non-governmental organizations (NGOs), and foreigninvestors. Currently the ministry is the focal pointfor the formulation and implementation of landpolicy as stipulated in the new constitution.

Land has always played an essential role in Kenya,both politically and in socio-economic terms. Landproblems in Kenya emanate from the centralized,bureaucratic, corrupt and undemocratic landadministration and management system that allowed

a small group of politically connected individualsto use public land as their personal property. Thereare also other problems such as laws and ineffectiveconflict resolution systems2Government, countycouncils, individuals, and groups can own landin Kenya. Different legal instruments govern thedifferent categories of land and its owners. Thereare two different systems of land registration inKenya: document registration and title registration.The Registration of Land Act was intended tobe the overall land law in line with the private/modern tenure system. The objective of bringing

all land in Kenya under this act has not yet beenachieved, and there is still a plethora of statutesapplying to land. This makes land law in Kenyavery complex, which has an impact on land use3.

The framework for improvement is set out in theNational Land Policy which was finally adopted byParliament in December 2009 and the constitution.The two documents provide a comprehensiveroadmap towards making land administration moredemocratic and towards new laws that govern landissues based on equity, non-discrimination, and redressof historical injustices. The constitution establishes

three types of land government land, private land,and trust land while the land policy distinguishes2 Home and Away Supplement, Te Standard, 16 February 20123 Land enure, Land Use and Sustainability in Kenya: owards InnovativeUse of Property Rights in Wildlife Management, Dr. Patrick Kameri-Mbote,IELRC Working Paper, 2005


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between public land, community land, and privateland. The category of government land, which waspreviously owned by the state as public land, willcome under the National Land Commission, whichis to be accountable to Parliament. Following therecent tabling of the National Land CommissionBill, the Land Bill, the Land Registration Bill, and theCommunity Land Bill for debate in Parliament, a livelydebate is expected, as these bills will need substantive

amendments to re-establish the spirit of reform.Civil society groups welcomed the tabling of thebills in Parliament, but are urging for more extensivereview, input, and overhaul by stakeholders for thebills to meet the aspirations of Kenyans4. Lastly, anEviction and Resettlement Bill is currently with theMinistry of Lands, which is a welcome development.

Although towns and other urban and rural centresare managed and planned by the municipal, county,or town councils in liaison with the Ministry of LocalGovernment, the reality is that local governments areweakened and constrained by strong central control

and heavy reliance on the centre. The Ministry of LocalGovernment supervises, supports, and resources all174 local authorities. Political interference, lack offunds, and weak administrative capacity constrainlocal governments service delivery. Opportunitiesfor partnerships between government, civil societyorganizations, and the private sector have beenunderutilized. In the absence of strategic plans, urbanservices lack coherent planning, which limits theimplementation and monitoring of projects. But evenif councils such as Nairobis prepare strategic plans,their follow-through is far from guaranteed. The

relatively recent approach of performance contractsbetween government and local authorities has notbeen able to address the underlying issues of the

4 A Heated Debate Expected as MPs Tackle Crucial Bills, Lucas Barasa,Sunday Nation, 19 February 2012

latters weaknesses. Non-comprehensive planningleads to poor financing and erratic implementationof development activities. Despite the PhysicalPlanning Act giving local governments planningresponsibilities, in practice few have trained plannersand must refer to central planning authorities at theDepartment of Physical Planning, Ministry of Lands5.

The Ministry of Housing has the responsibility of

facilitating the development and management ofaffordable quality shelter for Kenyans. This is donethrough formulating, implementing, and reviewinghousing sector policies and improving livingenvironments through slum upgrading. The challengeof providing low-cost housing is set to magnify, andshelter experts are calling for new laws to be fast-tracked to unlock the growth of the housing sector.Started in April 2012, the ministry has completed theNational Housing Survey in 44 of the 47 counties.The survey will be released in January 2013. It isestimated that the country requires 200,000 housingunits yearly, but is only able to provide 40,00050,000

units. The issues at hand include a building code toprovide a range of cheaper building materials forlow-income earners, appropriate land-use policy,affordable credit, and improved relevant infrastructure.

The main focus of the Ministry of NairobiMetropolitan Development is the development ofthe Integrated Nairobi Metropolitan Areas Growthand Development Strategy, now also extended toother urban areas. It is also mandated to ensureintegrated strategic programmes for the provisionof social, economic, and infrastructural services.

5 Kenya Urban Sector Profile Regional Urban Sector Profile Study, UN-Habitat, 2005

TABLE 1: BASIC HUMAN SETTLEMENTS DATA ON KENYA

Total population: 40.07 million (2011 estimate)Urban population: 12.48 million (32.3%)Rate of urbanization: 4.2%

Population of major cities:Nairobi (capital): 3.375 millionMombasa: 966,000 (2009)

Percentage of slum population to urban population: 54.7% (2007)

Urban population with access to safe water: 27%Urban population with access to improved sanitation: 31%


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1.2 FOCUS AREA 1: ADVOCACY,

MONITORING, AND PARTNERSHIPS

There is evidence that the focus of poverty is shiftingfrom rural to urban areas. Yet this urbanization ofpoverty and the processes that characterize it arepoorly documented. Unless efforts are made tounderpin this development with evidence-basedresearch and knowledge development throughadvocacy, monitoring, and partnerships, sustainableurbanization will remain a challenge for all actors.

UN-Habitat policy in this focus area is to promotesustainable urbanization through evidence-basedresearch, policy dialogue, strategic partnerships,global campaigns, education, communication,and the exchange of best practices1.

During the 47th International Society of City andRegional Planners (ISOCARP) Congress held inWuhan, China, in 2011 under the theme LiveableCities: Urbanizing World, Meeting the Challenge,the Government of Kenya gave its strongeststatement ever on addressing the challenges facingthe countrys urban development. The government

representatives (from the Ministries of Housing,Lands, and Nairobi Metropolitan Development)agreed to support the societys dissemination effortsand share relevant knowledge, expertise, tools,methods, and experiences on sustainable humansettlements and urban development efforts.

For its part, ISOCARP promised to assist thegovernment in the pursuit of specific planningprogrammes. In 2010, Kenya hosted the societys46th congress, which addressed issues affectingcity development in poor countries. The rapidurban expansion in Kenya has brought major

pressures on service and utility systems thatrequire capital and technology, particularly masstransit, communications, and utilities, but alsosewers, roads, energy, and development control

Kenya marked World Town Planning Day on 8November 2011 as one of the ISOCARP-supportedactivities to improve town and country planning.The theme focused on sustainable towns in thecontext of the new Constitution of Kenya and Vision2030. The following issues were addressed: theconstitution and provisions for town, county, and

national planning; planning and development ofsustainable metropolitan regions, cities, and towns;governance and institutional systems in towns

1Medium-erm Strategic and Institutional Plan 20082013 Focus AreaPolicy and Strategy Paper,Focus Area 1: Effective Advocacy, Monitoring,and Partnerships for Sustainable Urbanization, UN-Habitat, 2011

and counties; housing policy and development;transportation and infrastructure development;smart cities; green energy supply; and improvementof the urban environment. The forum urged theGovernment of Kenya to put planning at theforefront of the development agenda and allocatesufficient funds in its national and county budget.

Every first Monday of October, Kenya joins theentire world to celebrate World Habitat Day. Thisis a day set aside by the United Nations to reflecton the state of our towns and cities and the basicright of all to adequate shelter. It is also intendedto remind the world of its collective responsibility

for the future of the human habitat. In 2011,World Habitat Day was celebrated with the themeCities and Climate Change. In this context, moreattention should be given to the State of EnvironmentReport issued by the National EnvironmentManagement Agency (NEMA), particularly withregard to housing and other urban issues.

1.3 FOCUS AREA 2: PARTICIPATORYURBAN PLANNING, MANAGEMENT,

AND GOVERNANCE

Well-managed urbanization generates economicgrowth, social harmony, and political and scientificprogress, while poorly managed urbanizationgenerates social exclusion, poverty, uncontrolledurban sprawl, pollution, and the unsustainable useof land, water, and other natural resources. Citiesprovide opportunities for economic development andimproved income, as well as scientific and culturalpossibilities, but are also sites for friction amongurban and other stakeholders. Urban economies

are crucial for national economic development.Appropriate urban development can also enhancerural development, as cities provide markets, services,and employment for the hinterland. With their denseconcentrations of people and activities, cities alsocontribute, directly or indirectly, to pressing globalproblems such as climate change. The increasingnumber and frequency of natural and human-madedisasters affecting cities can cause large numbers ofhuman fatalities due to the high population density2.

Kenya is facing one of the worlds most pressing issues

rapid urbanization and its impact on communitiesand cities. The government and local authorities havethe challenge of guiding the physical growth of urbanareas and providing adequate services for the growing2 Ibid., Focus Area 2: Participatory Planning, Management, andGovernance


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urban population. If the gap continues to growbetween supply and demand of urban services suchas water, sanitation, infrastructure, and housing, thenegative consequences of urbanization become severe.There is a lack of coordination in the implementationof those programmes created to realize greaterimpact. A broader, shared vision is needed for theurban sector, together with the reorganization of

some of the ongoing efforts into a series of majorprogrammes that can have a catalytic impact.

So far, Kenya has not had policy guidance on properplanning, service provision, and managementof towns and cities. As the draft National UrbanDevelopment Policy notes, urban development haslargely been taking place without a comprehensivenational urban policy framework. To date, only 30percent of the 175 towns and municipalities in Kenyaare planned, but plans may be outdated and nolonger forward looking. Planning, when done, hastended to react to urban development, rather thandirecting it in advance. There has also been a severedisconnect between the planning authorities andimplementing agencies, as well as lack of appropriatetechnical and institutional capacity on the part oflocal authorities. In addition, planning efforts have

had inadequate human resources, an absenceof broad-based consultation, and an ineffectivecoordinating framework for the preparation,implementation, and enforcement of plans.

However, the Nairobi metropolitan spatial planand topographical maps have been completedby the Nairobi City Council (NCC) with assistance

from the Japan International Cooperation Agency(JICA), but cadastral maps are still missing. TheMinistry of Local Government has, since 2010,also embarked on an intense planning exerciseall over the country. The University of Nairobi hasinstituted an urban planning curriculum for existingofficials in Nairobi, but this initiative still needsto be extended to counties all of them shouldstart with comprehensive planning initiatives.

The challenges facing urban centres in Kenya maynot be addressed soon even after the recentpassing of the Urban Areas and Cities Act 2011.

The statute was to be informed by a national urbandevelopment policy, whose formulation started inMarch 2011 and is still underway. The absence ofthe urban policy made experts rely on Article 184(1) of the Constitution of Kenya to draft the act.

Kisumu city. Photo UN-Habitat Kenya Programme


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The article stipulates that national legislation shallprovide for the governance and management ofcities and urban areas. As of now, there are over 70Acts of Parliament that govern urban developmentcountrywide, which create conflicts, overlapping roles,and poor coordination. There is, therefore, a need toharmonize current legal and institutional frameworksto address the rapid urbanization and growth.

The Government of Kenya is also in the process

of developing a national spatial plan, which willbe spearheaded and coordinated by the Ministryof Lands through the Department of PhysicalPlanning, in conjunction with government ministries,agencies, and stakeholders. This is an instrumentfor establishing a long-term, sustainable frameworkfor social, territorial, and economic developmentin the country. The role of the national spatial planis to enhance sectoral integration in areas such ashousing, transport, energy, industry, and agriculture.It is also intended to improve local urbanruraldevelopment systems. The preparation of the spatial

plan is related to the countrys policy framework,Vision 2030, and the National Land Policy1.

1 National Spatial Plan (Draft), Department of Physical Planning, Ministryof Lands, Republic of Kenya, June 2010

1.4 FOCUS AREA 3: PRO-POOR LAND AND HOUSING

Unless radical efforts are made to provide affordablehousing options, and legal and secure land atscale, cities worldwide will host some two billionslum dwellers in 2020. The situation is critical andunprecedented2. In Africa, for example, urbangrowth is synonymous with informal, if not chaotic,urban sprawl. The formal land and housing deliverysystems are not working for most people; landand housing prices are rising swiftly. Individuals aretrading land and property rights regardless oflegal status as a way to gain access to a place tolive and legitimize their right to the city, and theseinformal settlements are plagued by overcrowding,inadequate sanitation, and poor housing conditions3.

UN-Habitat policy for this focus area is to assistnational governments and Habitat Agenda

2Medium-erm Strategic and Institutional Plan 20082013 Focus AreaPolicy and Strategy Paper, Focus Area 3: Access to Land and Housing forAll, UN-Habitat, 20113 First meeting, International Tripartite Conference on UrbanizationChallenges and Poverty Reduction in African, Caribbean, and PacificCountries, HSP/EC/ACP.1/6, Nairobi, June 2009

Nairobi city. Photo Julius Mwelu, UN-Habi tat


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partners to adopt pro-poor, gender- and age-sensitive housing, land management, and propertyadministration through enabling policies andimproved legal and regulatory frameworks.

LAND

Land in Kenya plays a foundational role in economic,social, and political life. The livelihoods of about 80percent of Kenyans directly depend on access toland. Land generates revenue and plays a significantrole in industrial and commercial developments,while its use impacts environmental sustainability.

Questions concerning land tenure, property rights,and land administration command pivotal positionsin the countrys social, economic, legal, and politicalfabric. These questions frame some of the mostcontentious issues in Kenya today, such as thebreakdown in land administration and management,inequitable access, conflict over land rights, andlack of proper planning and land use zoning. Thecurrent institutional structure for land administrationand management is highly centralized and lackstransparency, which contributes to poor servicedelivery. The current legal framework does not support

the myriad contemporary issues found in the landsector. Existing laws are numerous and conflictingand several are outdated. Land fragmentation,poor land administration, and disparities in landownership have led to massive poverty. Squatting,landlessness, disinheritance of some groups andindividuals, urban squalor, underutilization ofland, abandonment of agricultural land, landtenure insecurity, and conflict only compoundthe situation. Massive environmental degradationhas meanwhile reduced the quality of land.

The new constitution, under chapter five, offers

land remedies in the form of principles, but thoseprinciples require legal and institutional mechanismsto be enforced. The constitution anchors theprovisions of the National Land Policy. Land policyprinciples, land tenure regimes, radical title matters,property rights, historical land injustices, new landgovernance institutions, issues that require legislation,natural resource governance, and environmentalsustainability are clearly outlined and providedfor in the constitution. The Ministry of Lands hasembarked on key legal reforms (such as the NationalLand Commission Bill, Land Bill, Land Registration

Bill, and Community Land Bill) as scheduled inthe constitution. A National Land Commission isexpected to be in place in 2012. However, theimplementation of the provisions of the constitutionon land and the National Land Policy is expected

to be challenging and long term. Implementationof land reforms needs to be coupled with capacitybuilding in terms of change management, businessculture orientation, and a pro-poor approach inservice provision. The issue of land speculationremains however rampant and tends to undermineattempts to instill a pro-poor policy into land matters.

UN-Habitat, as the Chair and Secretariat for theDevelopment Partners Group on Land, in line withthe Paris Declaration on Aid Effectiveness, coordinatesdonor funding, provides technical assistance, andcoordinates policy dialogue on sector-specific issuesamong donors. UN-Habitat, together with other

development partners (e.g. SIDA, USAID, World Bank,IFAD, etc.) and the Ministry of Lands, have jointlyagreed on quick wins to fast-track the implementationprocess, with the development partners committingfunding to the process including the provision oftechnical advisors, which is viewed as a key milestone.

HOUSING AND SLUMS

Kenya has an inadequate supply of affordableand decent housing, a low level of urban homeownership (16 percent), and extensive slums and

squatter settlements. It is estimated that out of the200,000 housing units required annually in urbanareas, only 40,00050,000 are produced. In therural areas, it is estimated that there is a need toimprove the quality of more than 300,000 housingunits every year. The shortage of housing for low-income households is particularly acute in urbanareas, with only about 6,000 units, or 20 percentof all houses produced, catering for this group.This is attributed to underinvestment in low- andmiddle-cost housing by both the public and privatesectors. Other constraints include poor governance,an outdated legal and regulatory framework withobsolete building codes and by-laws and thehigh cost of housing finance, for both long-termdevelopers and buyers. The housing shortage existsfor both owner-occupied and rental housing4.

Low-income households represent about 48 percent ofthe total demand for new houses in Kenya. However,more than 80 percent of new houses are for high-income and upper-middle-income earners. Consideringthat more than 60 percent of the Kenyan populationis younger than 25 years, the demand for housingwill rise steadily as this group reaches adulthood5.

4 Adequate and Decent Housing in a Sustainable Environment, FirstMedium erm Plan (20082012), Ministry of State for Planning, NationalDevelopment, and Vision 2030, Office of the Prime Minister, Governmentof the Republic of Kenya, 20085 Ibid.


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The housing sector was negatively affected by the2007/2008 post-election violence, which left manyKenyans without shelter. Internally displaced peoplecontinue to live in camps across the country. Theimpact of this violence was worse in slums andinformal settlements. In Nairobi, about 9,000 housingunits were destroyed, affecting close to 100,000residents. The other urban centres most affected wereKisumu, Eldoret, Kericho, Nakuru, and Naivasha1.

Urban slums are overcrowded and polluted andlack adequate sanitation, posing serious healthrisks to residents. The unplanned nature of theseinformal settlements presents a serious challenge

to the socio-economic development of the country.Slum dwellers are particularly hard hit by a lackof access to social and physical infrastructure.Empirical evidence suggests that slum dwellerspay more on average for cooking, water, andelectricity than their wealthier counterparts, whoare likely to be connected to service networks2.

To address the situation, the Ministries of LocalGovernment, Housing, and Nairobi MetropolitanDevelopment are already implementing programmes.The Ministry of Housing is the lead agency forthe Kenya Slum Upgrading Programme, which

was launched in 2003 as a joint initiative of theGovernment of Kenya and UN-Habitat. Its mainobjective is to improve the livelihoods of people livingand working in informal settlements. The patron of theprogramme is the President of the Republic of Kenya.

The government, through the Ministry of Lands, hasdrafted the Eviction and Resettlement Guidelines Bill20113, which seeks to provide for humane and lawfulevictions of persons unlawfully occupying public,community, or private land. Among other rights, theconstitution provides for the right to property andhousing and the right to be treated with dignity. Thisbill seeks to balance these sometimes competing rightsso that the owners right to property is protectedwhile the evictees are handled in a manner thatrespects their dignity and avoids undue interruptionof their lives. The bill is yet to be endorsed by theCabinet (thereafter to be approved by Parliament).

UN-Habitats activities under the Kenya SlumUpgrading Programme have had some multipliereffects. The support of the agency and other donorshas helped to increase the governments politicalcommitment to slum upgrading. The programme has

1 Ibid.2 Population, Urbanization, and Housing Sector Note, Pre-DevelopmentPartnership Forum, Office of the Deputy Prime Minister and Ministry ofFinance Aid Effectiveness Group, 17 June 20113 Te Draft Eviction and Resettlement Guidelines Bill 2011, James Orengo,Minister for Lands

also improved the awareness of urban stakeholdersregarding the need to change the living conditionsof slum dwellers. It has also led to increasedcooperation among various ministries in Kenya Housing, Lands, Cooperatives, Roads and PublicWorks, Local Government, and Youth and Sports.Finally, UN-Habitats involvement has led to theestablishment of the Kenya Slum Upgrading Fund,which has received an initial budgetary allocationof USD 250,000. Various small projects such as theZiwa la Gombe upgrading initiative in Mombasa orthe Korogocho project funded by Italy were led byUN-Habitat, in partnership with key actors in Kenya.A considerable investment in slum upgrading is now

under way through the Kenya Informal SettlementsImprovement Programme by the World Bank.

1.5 FOCUS AREA 4:ENVIRONMENTALLY SOUND BASICINFRASTRUCTURE AND SERVICES

Environmentally sound basic urban infrastructureand services have a crucial role to play in sustainable

human settlements. But despite efforts being madeby many governments, access to infrastructure andservices such as safe drinking water, basic sanitation,drainage, waste disposal, and energy remains a distantreality for most urban residents, especially the poor ofthe developing world. A lack of clearly defined urbandevelopment policies and legislation, low currentinvestments in services for all and pro-poor financingmechanisms, weak institutional capacity, inadequatedata and poor information flows, and the high costof energy for water delivery are some of the obstaclesgovernments face as they attempt to equitably expand

access to basic urban infrastructure and services

4

.UN-Habitat policy in this focus area is to expand accessto and sustain the provision of adequate clean drinkingwater, improved sanitation and waste management,and ecologically sound energy-saving transport andpower supply technologies in urban and peri-urbanareas, with due regard to small secondary towns.

Kenyas Vision 2030 prioritizes infrastructure andservices as key components of the economic andsocial strategies for the transformation of the country.Transportation, energy, water and sanitation and

waste management are all accorded high priority inproviding the foundation for economic developmentand poverty alleviation and in meeting the aspiration

4Medium-erm Strategic and Institutional Plan 20082013 Focus AreaPolicy and Strategy Paper, Focus Area 4: Environmentally Sound BasicUrban Infrastructure and Services, UN-Habitat, 2011


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for a country firmly inter-connected through anetwork of roads, railways, ports, airports, waterand sanitation facilities, and telecommunications.Expanded access to infrastructure and serviceswill require greater attention to environmentalmanagement which is one of the themes addressed

under the social pillar of Vision 2030. A numberof challenges are listed, which tend to focus ongreen environmental issues5. However, as Vision2030 states, the institutional arrangements foraddressing environmental issues are not robust atpresent: Kenyas current institutional frameworkto manage the environment is characterized byfragmentation. Various aspects of environmentalpolicy cut across different institutions6.

The existing infrastructure and service provision has anumber of challenges: limited networks, inadequatemaintenance and upgrading, a shortage of funding,

outdated technology, and insufficient technical skillsand personnel. There is also inadequate drainage and

5 Government Institutions, Public Expenditure, and the Role of DevelopmentPartners: Meeting Kenyas Environmental Challenges, Neil Bird and NjeruKirira, Overseas Development Institute and Danish Embassy, 20096 Ibid.

sanitation due to poor planning and lack of investmentand maintenance. Waste management is anotherenvironmental risk. Of the 174 local authorities, only32 have sewage treatment and disposal facilities 2 being conventional treatment plants, while 30are oxidation lagoons that can only handle organic

waste. In Nairobi, only 20 percent of solid wasteis collected and taken to approved dumpsites,which, however, are full and badly managed.

Equitable access to energy is an essential elementof sustainable urban development and economicgrowth. Yet over 60 percent of people in Kenyastill rely on traditional biomass for cooking andheating; only about 20 percent of householdsin Kenya have access to grid electricity. Theconnection rate is around 12 percent in rural areas7.Dependence on imported fuels and hydropowerkeep prices high and the supply unstable.

Poor transport mobility and connectivity in urbanareas go hand-in-hand with traffic congestion and

7 Energy Sector Note, Pre-Development Partnership Forum, Office ofDeputy Prime Minister and Ministry of Finance Aid Effectiveness Group,17 June 2011

Kibera slums, Nairobi. Photo UN-Habitat Kenya Programme


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environmental pollution. For instance, heavy trafficjams plague Nairobi, keeping operational costshigh and discouraging local and foreign investors.This is worsened by poor traffic management andenforcement of traffic laws. The public transportsector is dominated by the privatized matatu(minivan)industry, which is chaotic and criminally managed.

Grand infrastructure projects are under way, such asthe reconstruction of the 50-kilometre NairobiThikaHighway at a cost of KES 31 billion, through financialassistance from China and the African DevelopmentBank. The road forms part of the link to Ethiopiathrough Moyale and Somalia at Liboi. Other planned

infrastructure projects include the construction ofa second port in Lamu, which is needed to sustainthe growing need for ocean access by places such asSouth Sudan and landlocked Ethiopia. The port willalso require a railway line and a road to connect itwith the hinterland. Despite these initiatives, little isbeing done to enhance infrastructure and services atthe neighbourhood and village level. Furthermore,expanded infrastructure networks will stretch thecapacity of the existing institutional arrangements toensure effective management and operations. Trainingand capacity building programmes will need to beaccelerated to ensure that the necessary capacity is inplace to operate and maintain the expanded facilities.

1.6 FOCUS AREA 5: STRENGTHENEDHUMAN SETTLEMENTSFINANCE SYSTEMS

Some 1.15 billion human beings, or one-sixth ofthe worlds population, live in slums because formaleconomic and financial systems fail to provide

decent housing for all. The number of those withoutadequate shelter, water, and sanitation grows by70 million people per year. The UN estimates thatthe resources required to achieve the slum-relatedMillennium Development Goals amount to USD 20billion per year for 15 years. This is far above thecurrent capital expenditures on slum upgrading andprevention. According to the Rockefeller Foundation,it would take between one and two trillion US dollarsto address slum dwellers needs1. Still, over the pastten years or so, a number of countries have proventhat slums can be reduced and even prevented2.

1Medium-erm Strategic and Institutional Plan 20082013 Focus AreaPolicy and Strategy Paper, Focus Area 5: Strengthening Human SettlementsFinance Systems, UN-Habitat, 20112 UN-Habitat Annual Report 2009

UN-Habitat policy in this focus area is to improveaccess to finance for housing and infrastructure,particularly for the urban poor, through innovativefinancing mechanisms and improved institutionalcapacity to leverage the contributions of communities,local authorities, the private sector, government,and international financial institutions.

As mentioned earlier in this document, accessto finance is a major limiting factor in housingdevelopment, especially for the middle- andlow-income groups. According to Vision 2030:First Medium Term Plan (20082012), thegovernment is planning to build 200,000 housing

units annually by 2012. Incentives are plannedfor the private sector to construct houses, andfor individuals through the establishment of asecondary mortgage finance corporation.


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Urban Programmes Donors

Involved

Duration Budget Geographic

Scope

MTSIP Focus Areas and

New Focus Areas (NFA)Covered

Kenya Municipal ProgrammeThe goal is to strengthen local governance, improveservice delivery, and support the governmentspolicy on devolved government as proposed in thenew constitution. The key development objective ofthe municipal programme is to strengthenKenyas decentralization capacity through:1. Developing national policies related todecentralization and establishing frameworks forclarifying the roles and responsibilities of localauthorities2. Strengthening the intergovernmental fiscalframeworks for transferring resources tomunicipalities through provision of advisory services,technical assistance, and training3. Improvement of basic infrastructure

WB 20102015 USD 100million (TheWorld Bankis extendingthese creditsto Kenya onconcessionalterms, witha servicecharge of0.75 percent,a 10-yeargraceperiod, anda 40-yearrepaymentperiod.)

The targetedmunicipalitiesunder PhaseI of theprogrammeare:Eldoret, Embu,Garrisa,Kakamega,Kericho,Kitui, Kisumu,Malindi,Mombasa,Machakos,Nakuru, Nyeri,Naivasha,Thika, andNairobi.

FA 1 EA (1, 2, 3)FA 2 EA (1, 2, 3)FA 3 EA (3)FA 4 EA (1, 2, 3)FA 5 EA (1, 2)NFA Urban land;legislation and governance;urban economy; urbanservices: housing and slumupgrading

Kenya Informal Settlement ImprovementComponents are as follows: strengtheninginstitutions, programme management, tenuresecurity, infrastructure and service delivery, andplanning for urban growth.

WB, SIDA,AFD

20112016 Total: USD165 millionWorld Bank USD 100million,AFD USD45 million,SIDA USD10 million

Fivemunicipalities

FA 1 EA (1, 2, 3)FA 2 EA (1, 2, 3)FA 3 EA (3)FA 4 EA (1, 2, 3)FA 5 EA (1, 2)NFA Housing and slumupgrading; basic urbanservices

Youth EmpowermentSupporting unemployed youth in Kenya.Increasing access to youth-targeted temporaryemployment programmes.Improving youth employability.

WB 20102015 USD 60million

National FA 1 EA (1, 2, 3)NFA Urban economy and

job creation

Water and Sanitation Service ImprovementIncreasing access to reliable, affordable, andsustainable water supply and sanitation.Improving the water and wastewater services.


1. Athi WaterServices Board2. Coast WaterServices Board

3. LakeVictoria NorthWater ServicesBoard

FA 1 EA (1, 2, 3)FA 2 EA (1, 2, 3)FA 3 EA (3)FA 4 EA (1, 2, 3)

FA 5 EA (1, 2)NFA Basic urban services

Institutional Reform and Capacity BuildingTechnical AssistanceStrengthening public financial management systems.Enhancing transparency, accountability, andresponsiveness to public expenditure policypriorities.Enhancing public service delivery through results-based management.


NFAs Legislation andgovernance; research andtraining

TABLE 2: DONOR ACTIVITIES IN THE URBAN SECTOR

table continued on page 16


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Support to Donor Coordination in the Land

Sector in KenyaSupporting the land reform process in Kenya bystrengthening the capacity of the DevelopmentPartners Group in Kenya as they engage theGovernment of Kenya in planning, implementing,and evaluating land initiatives.

UN-Habitat,Sida,USAID, IFAD,JICA, FAO,DFID, WorldBank, GTZ,and ItalianCooperation

20042012 USD 1.4

million

National FA 1 EA (1, 2, 3)

FA 2 EA (1, 2, 3)FA 3 EA (1, 2, 3)FA 4 EA (1, 2, 3)FA 5 EA (1, 2)NFAs Urban land,legislation and governance;urban planning anddesign; housing and slumupgrading; basic urbanservices

Development Partners Group on Landsupport to land reforms in KenyaSupporting the National Land Policy formulation

process the National Land Policy seeks to addresscritical issues of land administration, access to land,land use planning, restitution of historical injustices,institutional and legal frameworks, and conflicts.Supporting key thematic areas of the NationalLand Policy such as Land Information ManagementSystems, legal reforms, institutional reforms, publiceducation and awareness, and land management.

UN-Habitat,SIDA, USAID,IFAD, JICA,FAO, DFID,

WorldBank, GTZ,and ItalianCooperation

20032012 USD 13million

FA 1 EA (1, 2, 3)FA 2 EA (1, 2, 3)FA 3 EA (1, 2, 3)

FA 4 EA (1, 2, 3)FA 5 EA (1, 2)NFAs Legislation andgovernance; urban planningand design; housing andslum upgrading; basic urbanservices

Land Sector Non State ActorsFacilitate inclusive dialogue on comprehensiveland and natural resource policy, legislativeand institutional reforms through networking,information generation, sharing, advocacy and

empowerment.

SIDA 20092012 USD 3 million FA 1 EA (1, 2, 3)FA 2 EA (1, 2, 3)FA 3 EA (1, 2, 3)FA 4 EA (1, 2, 3)FA 5 EA (1, 2)

NFAs Urban land,legislation and governance;urban planning anddesign; housing and slumupgrading; basic urbanservices

Master Plan for Nairobi Metropolitan JICA 2011 Nairobi FA 2 EA (1, 2, 3)NFA Urban planning anddesign

National Urban Development Policy SIDA 2004 National FA 1 EA (1, 2, 3)FA 2 EA (1, 2, 3)FA 3 EA (1, 2, 3)FA 4 EA (1, 2, 3)

FA 5 EA (1, 2)NFAs Legislation andgovernance; urban planningand design; housing andslum upgrading; basic urbanservices

Civil Society Urban Development ProgrammeSupporting Kenyan civil society organizations activeparticipation in the urban development sector.

SIDA 20102012 USD 7 million National FA 1 EA (1, 2, 3)FA 2 EA (1, 2, 3)NFAs Legislation andgovernance; research andtraining

Acronyms in the table: World Bank (WB), Swedish International Development Agency (SIDA), French Development Agency (AFD), United

States Agency for International Development (USAID), Department for International Development (DFID), International Fund for AgriculturalDevelopment (IFAD), Food and Agriculture Organization (FAO), Germany Development Agency (GTZ), Medium-Term Strategic and InstitutionalPlan (MTSIP), Focus Area (FA), Expected Accomplishment (EA), New Focus Areas (NFA).


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2. STRATEGY FOR 20132015

2.1 NATIONAL DEVELOPMENT

GOALS AND PRIORITIES

Kenyas overall development is hinged on Vision 2030,which is a blueprint for transforming the country into arapidly industrializing middle-income nation by the year2030. The vision aims to create a cohesive, equitable,and just society based on democratic principles andissue-based politics grounded in the cultures andtraditions of residents. Vision 2030 has three pillars economic, social, and political which are anchoredto macroeconomic stability; continuity in governance

reforms; enhanced equity and wealth creationopportunities for the poor; infrastructure; energy;science, technology, and innovation; land reform; andhuman resource development. Vision 2030 is beingimplemented through five-year rolling plans known asmedium-term plans.

The first medium-term plan identifies the key policyactions and reforms as well as programmes andprojects that the government intends to implementin the period 20082012. It is the foundation forthe first phase of implementing Kenya Vision 2030.The overall objective is to realize sustainable growth

of the economy in a more equitable environment,accompanied by increased employment opportunities.The medium-term plan incorporates the activitiesrecommended in the Report of the National AccordImplementation Committee on National Reconciliationand Emergency Social and Economic Recoveryandthe countrys One-Year Economic and Social RecoveryPlan, both of which target quick economic and socialrecovery following the destructive aftermath of theDecember 2007 general elections. The medium-termplans economic growth targets aimed at increasing realgross domestic product growth from an estimated 7

percent in 2007 to 7.98.7 percent by the years 20092010, and to 10 percent by 2012. The focus areas forthe first medium-term plan include the following: Tourism Agriculture and livestock Manufacturing, wholesale, and trade Information communication technology and

business process outsourcing/offshoring Financial services Employment and job creation Education Health Water Gender, vulnerable groups, and youth Housing Physical infrastructure Energy Governance, peace building, and conflict

management

The policy, legal, and institutional reforms that arenecessary to ensure the successful implementationof the medium-term plan are also contained in thedocument.

On 4 August 2010, 67 percent of registered votersendorsed the new constitution, which was thenpromulgated on 27 August 2010. The constitutionintroduces fundamental and radical changes to allthree branches of government and the countrysoverall political and economic system. It establishesnew institutions for the management of public affairsat both national and subnational levels, with aninnovative devolved government, an enhanced bill of

rights, and adherence to regional and internationaltreaties that Kenya has acceded to. The devolution ofurban governance and management to the countylevel is one of the most challenging transitions underthe new constitution.

The Government of Kenya is currently preparing thesecond medium-term plan to be ready by June 2013.It will be prepared and implemented in a setting andcontext which differs significantly from that of theprevious five-year development plans. The Constitutionof Kenya (2010) has created a devolved structure ofgovernment at the national and county levels and

specified the distribution of functions between thetwo levels of government. As such, the process ofpreparing the second medium-term plan, its financingmodalities and mechanisms, its implementationframework and structures, and its validation andapproval process will take cognizance of, and beguided by, the constitution. The Government ofKenya has formally presented a Draft Concept Noteon the Preparation of the Second Kenya Vision 2030Medium Term Plan (20132017)to the UN CountryTeam in Kenya requesting for comments to assist in itsfinalization.

2.2 UN SYSTEM PROPOSEDSTRATEGY FOR THE URBAN SECTOR

The United Nations Development AssistanceFramework (UNDAF) is the five-year strategic planfor UN programmes in Kenya. It is a product ofpartnership between the government and the UNagencies, funds, and programmes working in Kenya,of which there are 18.

The UN system in Kenya, in consultation with theGovernment of Kenya, made a commitment to alignits development assistance with Kenyas developmentagenda and priorities. The UN DevelopmentAssistance Framework is rooted in Vision 2030 and


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its first medium-term plan, and fully recognizes theimportance of Kenyas development. To this end,the 20092013 framework is based on a review ofVision 2030 and UN agencies mandates and areas ofexpertise.

There are indications that Kenya will not achievethe Millennium Development Goal targets. TheUN Development Assistance Framework seeks tocoordinate and harmonize its work across agenciesfor improved aid effectiveness and MillenniumDevelopment Goal achievements, building nationalownership of aid programming by focusing on whatthe UN does best.

OUTCOMES OF THE 20092013 KENYA UNDEVELOPMENT ASSISTANCE FRAMEWORK

1. Improving governance and realizing human rights

Anchored to the political pillar in Kenyas Vision2030, this priority will work towards strengtheningthe institutional and legal frameworks thatsupport democratic governance, transformation,accountability, and respect for gender and humanrights.

2. Empowering people who are poor and reducingdisparities and vulnerabilities

This priority is anchored to the social pillar in Vision2030 and will work towards increasing equitableaccess to and the quality of essential social services,reducing the risks and consequences of conflictand natural disasters, and delivering the sustainedreduction of new HIV infections while scaling uptreatment, care, and support.

3. Promoting sustainable and equitable economicgrowth for poverty and hunger reduction, with a focuson vulnerable groups

The UN will support initiatives that will enhance andsustain Kenyas economic growth, equitable livelihoodopportunities, food security for vulnerable groups, andenvironmental management in response to climatechange. This priority is anchored to the economic andsocial pillars of Vision 2030.

The implementation of the UN DevelopmentAssistance Framework is overseen by the UN CountryTeam, with the support of the Outcome WorkingGroups (one for each framework outcome) and theUN Resident Coordinators office. The latter providescoordination support to the country team, OutcomeWorking Groups, and joint programmes, and monitorsthe implementation of the framework on a continuousbasis. The UN joint programmes are seen as an

important modality for enhanced UN cooperation.Progress towards the UN Development AssistanceFramework results is monitored on an annual basis,based on joint monitoring and evaluation processesaround the frameworks outcome areas and alignedwith national review processes and other regionalstrategies and plans, particularly Vision 2030.

UN-Habitat participates in the UN DevelopmentAssistance Framework Outcome Working Groups andjoint programmes (though it is not an implementingpartner), but presently has no programme pipelineunder the framework.

The current Kenya UN Development AssistanceFramework is scheduled to end in December 2013,with the next one expected to come on stream inJanuary 2014. For this reason, Kenya was includedin the 2012 UN Development Assistance Frameworkrollout group of countries by the UN DevelopmentOperations Coordination Office, and the Kenya UNCountry Team has been preparing the next frameworkwith support from Regional Directors Team Secretariatin Johannesburg. Several developments in theoperating environment have, however, led the KenyaUN Country team to request a six-month extensionof the current framework to end in June 2014, with

the next one coming on stream in July 2014. The keydevelopments behind this decision include: ongoingpreparations of the Kenya Vision 2030 MediumTerm Plan (20132017); Kenyas request to becomea Delivering as One self-starter, based on a letterdated 28 September 2010 to the UN DevelopmentGroup Chair. The Kenya UN Country Team thereafterdecided to operationalize this request in the nextframework and chose to use the intervening periodto prepare the government, donors, UN staff, andstakeholders on the transition to Develivering as Onestatus and the implications on the operations of the

UN development system in Kenya.

2.3 UN-HABITAT PROPOSEDSTRATEGY FOR THE URBAN SECTOR

MEDIUM-TERM STRATEGIC ANDINSTITUTIONAL PLANS 20082013 AND 20142019

Sustainable urban development is the theme of UN-Habitats Medium-Term Strategic and Institutional Plan20082013 and remains a key priority in the agencysnormative and operational work until 2013. In thiscontext, sustainable urban development is an overallframework within which UN-Habitat is addressingmore specific priorities.


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Through the medium-term plan, UN-Habitat aimsto contribute to the achievement of the relevantMillennium Development Goals, which are to halve,by 2015, the proportion of the population withoutsustainable access to safe drinking water and basicsanitation (Target 7C), and to achieve, by 2020, a

Subprogramme 1: Urban Legislation, Land, and Governance

Subprogramme 2: Urban Planning and Design

Subprogramme 3: Urban Economy

Subprogramme 4: Urban Basic Services

Subprogramme 5: Housing and Slum Upgrading

Subprogramme 6: Risk Reduction and Rehabilitation

Subprogramme 7: Research and Capacity Development

significant improvement in the lives of at least 100million slum dwellers (Target 7D).

In light of the factors shaping 21st century cities, sevennew focus areas and corresponding subprogrammeswill be prioritized from 2014 to 2019:

Nairobi city. Photo UN-Habitat Kenya Programme


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TABLE 3: NEW FOCUS AREAS

New Focus Area Strategic Result for Each New Focus Area

New Focus Area 1: Urban Land, Legislation, andGovernance

National governments and city, regional, and local authorities have establishedsystems for improved access to land, have adopted enabling legislation, andhave put in place effective decentralized governance that fosters equitablesustainable urban development.

New Focus Area 2: Urban Planning and Design City, regional, and national authorities have implemented policies, plans, anddesigns for more compact, better integrated, and better connected cities thatfoster equitable sustainable urban development.

New Focus Area 3: Urban Economy City, regional, and national authorities have improved capacity to implementurban policies supportive of local economic development, the creation of decent

jobs, and enhanced municipal finance.

New Focus Area 4: Urban Basic Services Enhanced capacity of city, regional, and national authorities to formulate andimplement policies and strategies aimed at increasing equitable access to basicurban services and improving the standard of living of urban dwellers.

New Focus Area 5: Housing and Slum Upgrading City, regional, and national authorities have implemented policies for increasingaccess to adequate housing and improving the standard of living in existingslums.

New Focus Area 6: Risk Reduction andRehabilitation

Cities are more resilient to the impacts of natural and human-made crises, in anequitable manner.

New Focus Area 7: Research and CapacityDevelopment

Knowledge of sustainable urbanization issues disseminated and capacityenhanced at international, national, and local levels in order to improve theformulation and implementation of evidence-based policies and programmesand to improve public awareness of the benefits of sustainable urbanization.

2.4 IMPLEMENTATION

ARRANGEMENTS

To overcome the past fragmentation of UN-Habitatsprogramme in Kenya into more than 20 (oftensmall) projects and interventions without a commonsubstantive and organizational framework, this HabitatCountry Programme Document will become theprogramming platform for a new UN-Habitat KenyaCountry Programme. Further, and in order to positionand profile UN-Habitat as a recognized and qualityplayer in the Kenyan urban sector, the new country

programme should do the following:

Emanate from joint programmatic work amongUN-Habitat, the Government of Kenya, relevantcivil society and private sector organizations, theUnited Nations Country Team, and the donorcommunity in Kenya

Preferably be organized through not more thanfive large and integrated programmes, includingjoint programmes with other UN agencies andpartners

Include a strong field expert component to forma Programme Team, whose mandate will consistof (a) programme and project coordination andimplementation with partners; (b) UN inter-agencyand government relations; and (c) programme

formulation and fund-raising, in line with othersuccessful UN-Habitat country programmes


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3. FRAMEWORK, GUIDELINES, AND SELECTED FOCUS AREASFOR UN-HABITAT PROGRAMMES IN KENYA 20132015

Based on the deliberations of the second internal UN-Habitat meeting on the draft Kenya Country ProgrammeDocument on 18 April 2012, the following framework, guidelines, and selected focus areas are proposed for anew UN-Habitat Kenya Programme:

3.1 FRAMEWORK

The new UN-Habitat programme should have clear linkages to the following:

Present and upcoming UN Development Assistance Frameworks Vision 2030 and its five-year mid-term plans Draft National Urban Development Policy of 12/2011

Urban Areas and Cities Act 2011 New Land legislation (National Land Commission Act, Land Registration Act, and Land Act) UN-Habitat Focus Areas UN-Habitat Strategy for Africa (a pact agreed at AMCHUD, whose elements development partners can

consider adopting in the pursuit of an urban transformation agenda)

3.2 GUIDELINES

3.2.1UN-Habitat also resolved that the predominant methods of cooperation with the Government of Kenya,counties, and municipalities shall be the following: Policy formulation and implementation support Technical cooperation Capacity building

3.2.2All Kenya programming activities will be coordinated by the Regional Office for Africa in order to avoidprogrammatic fragmentation, and to create a comprehensive programme with multiple synergies and a clearidentity.

3.2.3It is further agreed that all projects and programmes in Kenya should have adequate field expert staffingin order to create a competent Kenya field office under one leadership.

3.2.4UN-Habitat should also engage in UN Joint Programmes in order to increase impact, efficiency, andsynergies.

3.2.5It was finally agreed that UN-Habitat projects and programmes in Kenya must be demand-driven.

3.2.6UN-Habitat will preferably work in secondary towns in line with the Metropolitan and Investment PlansInitiative for 11 regions in Kenya.


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3.3 FOCUS AREAS

3.3.1 Decentralization and Devolution

In line with the new Urban Areas and Cities Act 2011, which addresses devolution and provides for new-stylemunicipal councils, UN-Habitat proposes to work with its partners in Kenya on local government reform. Thiswould include local governance, municipal management and finance, urban planning and service delivery, andconsolidation of old urban legislation under the new constitution.

Potential UN joint programme partners are UNDP and ILO.

3.3.2 Land and Land Legislation

UN-Habitat proposes to continue supporting the following: Aid effectiveness initiatives within the land sector The lead donor, Swedish International Development Agency (SIDA), in coordinating the sector and

developing a stronger linkage to other sectors by identifying strategic entry points through the KenyaSlum Improvement Programme

The building of sustainable capacity that is needed for the smooth implementation of the land reforms Harmonization, alignment, and coordination efforts in the land sector Working closely with land sector non-state actors and developing a guide on how to establish a non-state

actors mechanism

Potential UN partners are the members of the Development Partners Group on Land.

3.3.3 Water and Sanitation and Climate Change

Under the Lake Victoria Water and Sanitation Initiative Phase II, UN-Habitat proposes to continue thefollowing: Supporting pro-poor water and sanitation investments in the secondary urban centres in the Lake Victoria

region, and building institutional and human resource capacities at local levels for the sustainability ofimproved water and sanitation services

Scaling up the benefits of water sector reforms to reach the local level in the participating urban centres,and reducing the environmental impact of urbanization in the Lake Victoria basin

Specifically, UN-Habitat is to engage in the Capacity Building and Training component of the LakeVictoria Water and Sanitation Initiative Phase II, which aims to ensure the effective delivery of capitalinvestment and long-term sustainability of proposed interventions in all sectors. The strategy involves theestablishment of institutions where they do not exist and the provision of tools, equipment, offices, staff,and training.

Partners are AWF/ADB.


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On climate change, UN-Habitat proposes to continue the following: Supporting the integration of climate change adaptation and mitigation measures into urban

development agendas, with a specific focus on the poor Supporting the strengthening of local capacity at the municipal and county levels to put in place strategic

tools and action plans for climate change adaptation and mitigation Mainstreaming energy efficiency measures into housing policies, building codes, and building practices

in Kenya and to achieve considerable avoidance of greenhouse gas emissions as a result of improvedbuilding practices

Potential partners are EC, UNICEF, UNESCO, and NGOs.

3.3.4 Slum and Housing Policies, Legislation, and Action Plans

Through the Participatory Slum Upgrading Programme Phase II, UN-Habitat proposes to continue building

capacities at local and national levels for slum-upgrading policy development and the implementation of pilotprojects.

Partners include EC, SIDA, UNDP, ILO, UNICEF, and NGOs.

3.3.5 Urban Design and Planning

UN-Habitat implemented a multi-year City Development Strategy (CDS) initiative in Kisumu and Homa Bay.The CDS approach helped to address the absence of effective planning in cities and to complement thetraditional master planning approach, which emphasizes physical and spatial planning and is non-inclusive.The Government of Kenya has recognized that an important means for achieving Vision 2030 is to encouragelocal governments to invest in planning at the city and municipal level in order to provide the platform forcomprehensive sector-wide strategies. This is an area UN-Habitat can continue to strategically support. A

special emphasis will be placed on ensuring that city and municipal master plans address informal settlements,as well as the need for the improved delivery of basic services.

In the area of planning, UN-Habitat proposes to continue the implementation of the following activities.

Kisumu Urban Project: UN-Habitat is providing the Municipal Council of Kisumu with technical supportand policy advice towards the urban planning component of the Kisumu Urban Project, a four-year urbandevelopment project (20102014) funded by the French Agency for Development (AFD), for a total amount ofEUR 40 million. UN-Habitat is on the steering committee of the Kisumu Urban Project.

Sustainable Neighbourhood Programme pilot project in Mavoko Municipality: The aim of this programmeis to strengthen civil society, the informal sector, and local authorities in housing provision. This programmehas two goals: improving local governance and strengthening the capacity and role of the informal andcommunity sector, with a view to developing sustainable neighbourhoods.

Nairobi is part of an international network of cities and specialist organizations working on public spaces,which was recently convened by UN-Habitat. The network will continue to draw on Nairobis knowledge andexperiences in the area of planning and design of public spaces.

Potential partners are SIDA, AFD, Government of Finland, and JICA.


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ANNEX 2: ONGOING UN-HABITAT PROJECTSAND ACTIVITIES IN KENYA, 2012

Total Value of Ongoing Portfolio: USD 11,573,288

No. Project GeographicCoverage

DevelopmentPartners

Key Achievements

1. RevitalizingPublic Spaces inNairobi, Kenya

Nairobi SIDA CooperationAgreement20122016

MojangCooperationAgreement20122016

Community-led design and improvement of selected sites Community and Nairobi City Council training and capacity

building on public space recovery/upgrading and maintenance Advisory services on a citywide (and possible national) strategy

on public spaces Possible exchange with Mexico on the experiences with national

and local recovery of public spaces

2. Support to theLand SectorDonor Group inKenya

National level SIDA The Development Partners Group on Land has supported landreform, including the National Land Policy Formulation andthe Implementation Framework for the Land Reform SupportProgramme.

UN-Habitat/GLTN has chaired the donor group since its inceptionin 2003 and has coordinated policy dialogue among the donorsand strengthened their commitment to a pro-poor land policy.

UN-Habitat/GLTN has also given technical assistance andcoordinated donor funding to the Ministry of Lands.

GLTN is funding activities in Kenya, which are part of theMinistry of Lands work plan, in accordance with the CommonFramework of Agreement between the Ministry of Lands anddonors.

GLTN is funding the assessment of the capacity gap and training

needs in the country for the implementation of the land policy,and continues to chair the land donor group.

SIDA has funded a coordinator and technical advisor for threeyears to assist harmonization and coordination in related landreform initiatives with the Ministry of Lands.

The Development Partners Group on Land is also workingwith non-state actors comprising various civil society andprivate sector organizations who are developing effective andcoordinated activities to engage in land reform and ensure theparticipation of land-dependent communities in implementationof the Truth, Justice, and Reconciliation process.

3. Mandera TownWater Supply

and SanitationProject

Manderatownship

BASF-Germany Cooperation Agreement signed between UN-Habitat andRACIDA (the implementing partner) in August 2012

Community mobilization, detailed project design, andcommencement of physical works by the implementing partner(RACIDA)

4. PromotingSustainableTransportSolutions forEast AfricanCities

Nairobi UNEP/GEF A Project Management Unit was established at the Kenya UrbanRoads Authority (KURA), staffed by one engineer from KURAand a UN-Habitat consultant.

The selection of the bus rapid transport corridor is in progress. Clean Technology (ICCT) has finalized the first phase of their

technical assistance and will show initial results during localworkshops in each city and one regional workshop.

A meeting was organized with JICA to follow up on the proposedinterventions in public transport.

GEF Sustran has initiated calling for expressions of interest

to identify partners to implement the Street Design Clinic,intended to raise awareness among the population about urbandesign for non-motorized transport and bus rapid transport. Sofar, the Aga Khan University has shown interest.

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ACRONYMS

ACP

AMCHUDADB

AFD

AWF

CDS

EC

FAO

GEF

GEF-Sustran

GLTN

IDPIELRC

IFAD

ILO

ISOCARP

ISUDP

JICA

KURA

MP

NCC

NEMANGO

PSUP

RACIDA

RAIN

SIDA

UNCDF

UNDAF

UNDP

UNESCO

UN-HabitatUNHCR

UNICEF

USAID

African, Caribbean, and Pacific

African Ministerial Conference on Housing and Urban DevelopmentAfrican Development Bank

French Agency for Development

African Water Facility

City Development Strategy

European Community

Food and Agriculture Organization

Global Environment Facility

GEF Sustainable Transport in East African Cities

Global Land Tool Network

internally displaced personInternational Environmental Law Research Centre

International Fund for Agricultural Development

International Labour Organization

International Society of City and Regional Planners

Integrated Strategic Urban Development Plans

Japan International Cooperation Agency

Kenya Urban Roads Authority

Member of Parliament

Nairobi City Council

National Environment Management Agencynon-governmental organization

Participatory Slum Upgrading Programme

Rural Agency for Community Development and Assistance

Replenish Africa Initiative

Swedish International Development Agency

United Nations Capital Development Fund

United Nations Development Assistance Framework

United Nations Development Programme

United Nations Educational, Scientific, and Cultural Organization

United Nations Human Settlements ProgrammeUnited Nations High Commissioner for Refugees

United Nations Childrens Fund

United States Agency for International Development


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Regional Office for AfricaP.O. Box 30030, Nairobi, Kenya

unhabitat.org

A it G b E i bh

COUNTRY PROGRAMME DOCUMENT20132015

KENYA

UN-Habitat Country Programme Document - Kenya

Documents

Transcript of UN-Habitat Country Programme Document - Kenya