New Legislative Framework Proposed for Land Use and Urban Development

Kakamega: The Ministry of Lands, Public Works, Housing, and Urban Development, in collaboration with the Council of Governors, is advancing a legislative framework aimed at modernizing land use and urban development regulations. This effort is part of an initiative to align local development policies with the national housing agenda, facilitating structured urban expansion.

According to Kenya News Agency, the Laws (Miscellaneous Amendment Planning) Bill 2026 is undergoing stakeholder engagement across various counties before its enactment. The proposed Bill seeks to revamp key land management frameworks and introduce standardized guidelines for defining boundaries and regulations around riparian reserves, impacting environmental protection and community safety near rivers and wetlands.

During a public forum at Magharibi Hall in Kakamega town, attended by both National and County officers alongside other stakeholders, Arthur Mbatia, Senior Physical Planner in the State Department of Lands and Physical Planning, elaborated on the proposed changes. The Bill aims to establish new multi-tier institutional structures with allocated planning powers, including the role of County Director of Physical and Land Use Planning, responsible for markets, trading centers, and neighborhoods. City Boards, Municipal Boards, and Town Committees would be granted development-control powers in their areas if the Bill is enacted into law.

Mbatia highlighted that the Director of City Planning would oversee planning and development control at the city and borough levels. Additionally, City, Municipal, and Town Planners would be required to register under the Physical Planners Registration Act (Cap. 536). Concerns were raised during the forum about potential political interference in technical decision-making, as the Director of City Planning would be subject to political control through the County Governor’s chain of command.

The forum also discussed the Survey (Amendment) Regulations, 2025, which propose changes to survey distances and extend the application range of certain regulations away from tidal waters. New rules for surveying boundaries near swamps have been introduced.

Peter Juma, representing the Kenya National Chamber of Commerce and Industry (KNCCI), Kakamega chapter, urged the government to professionalize planning board members to ensure professional representation. He emphasized the need for board members to possess at least a diploma in fields like planning, development, and governance.

Nathaniel Mutuku, County Director of the National Environment Management Authority (NEMA), called for enhanced environmental oversight in county planning. He underscored the importance of upholding Environmental Impact Assessment (EIA) requirements and demarcating powers between county and national government agencies to prioritize biodiversity and climate resilience conservation in urban and town planning.