United Nations Human Settlements Programme

Regional Office for Africa
COUNTRY
PROGRAMME
DOCUMENT
2013–2015
KENYA
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/018/13E
ISBN Number (Series): 978-92-1-132030-5
ISBN Number (Volume): 978-92-1-132556-0
United Nations Human Settlements Programme publications can be
obtained from UN-Habitat Regional and Information Offices or directly
from:
PO Box 30030-00100
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infohabitat@unhabitat.org
www.unhabitat.org
COUNTRY PROGRAMME DOCUMENT 2013–2015 3
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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-HABITAT
PROGRAMMES IN KENYA 2013–2015 21
Framework 21
Guidelines 21
Focus areas 22
ANNEX 1: PROJECT AND PROGRAMME PROPOSALS FROM THE HABITAT COUNTRY
PROGRAMME DOCUMENT GOVERNMENT OF KENYA CONSULTATION OF 14
NOVEMBER 2012 25
ANNEX 2: ONGOING UN-HABITAT PROJECTS AND ACTIVITIES IN KENYA, 2012 27
ACRONYMS 29
United Nations Human Settlements Programme
Regional Office for Africa
4
FOREWORD
EXECUTIVE DIRECTOR
Kenya is the host country
for the United Nations
Human Settlements
Programme, UN-Habitat.
In April 2007, the
Governing Council of
UN-Habitat approved
the agency’s 2008−2013
Medium-Term Strategic
and Institutional Plan.
The plan provides a
framework for securing greater alignment of UN-
Habitat’s normative and operational activities at the
country level. The UN-Habitat Country Programme
Documents are tangible components of the plan and
a genuine endeavour to strategically develop country
programmes in a consultative and inclusive process
involving UN-Habitat’s country team and headquarter
branches, national governments, sister agencies from
the UN Country Team, and development partners. The
documents also provide an opportunity to harmonize
UN-Habitat’s country programmes with the activities
of other development partners. In light of the factors
shaping 21st century cities, they also take into
account the seven new focus areas of UN-Habitat:
Urban Legislation, Land, and Governance; Urban
Planning and Design; Urban Economy; Urban Basic
Services; Housing and Slum Upgrading; Risk Reduction
and Rehabilitation; and Research and Capacity
Development.
The formulation of the Kenya Country Programme
Document (2013–2015) marks a historic turning
point in UN-Habitat’s partnership with Kenya. This
document comes at a time when Kenya is in transition
to a devolved system of governance under a new
constitution and also after the Government of Kenya
has formulated Vision 2030 (and its five-year mid-
term plans), a strategic plan that aims to transform
Kenya into a newly industrialized, middle-income
country. Vision 2030 incorporates the United
Nations’ Millennium Development Goals, which were
formulated to help eradicate extreme poverty. For
the urban sector, Vision 2030 places infrastructure,
land reform, environmental management, housing,
urbanization, and a nationwide urban planning and
development campaign at the top of the development
agenda. The Kenya Country Programme Document
also comes at a time when the UN Country Team in
Kenya has started the formulation of the next UN
Development Assistance Framework (2014–2019).
To overcome the past fragmentation of UN-Habitat’s
programme in Kenya, this document will become the
programming platform for the agency’s new Kenya
Country Programme. Further, and in order to enhance
UN-Habitat’s effectiveness as a player in the Kenyan
urban sector, the new Kenya Country Programme
will adhere to and support joint programmatic
principles such as ‘Delivering as One’, and work
with the Government of Kenya, relevant civil society
and private sector organizations, the UN Country
Team, and the donor community in Kenya. The new
programme will be organized through not more than
five large and integrated programmes, including joint
programmes with other UN agencies and partners.
I have full trust that the Kenya Country Programme
Document, whose formulation has involved the
government and other development partners,
will inform a wide range of processes related
to sustainable urbanization in the country. The
document also recognizes the expressed priorities of
both government and donor partners, with a more
pronounced 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-governmental
development actors, many of whom were consulted
during its preparation.
I take this opportunity to thank the various partners
who contributed to the formulation of this UN-
Habitat Country Programme Document, especially the
Government of Kenya, which made invaluable inputs
through UN-Habitat’s focal point, the Ministry of
Housing, and also through the newly formed National
Habitat Committee.
Dr. Joan Clos
Under-Secretary-General of the United Nations
and Executive Director, UN-Habitat
COUNTRY PROGRAMME DOCUMENT 2013–2015 5
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1.1 NATIONAL URBAN
POLICY CONTEXT
URBAN CONDITIONS AND TRENDS
The Government of Kenya has formulated Vision
2030, a strategic plan that aims to transform the
country into a newly industrialized, middle-income
country. Vision 2030 incorporates the Millennium
Development Goals of the United Nations, which were
formulated to help eradicate extreme poverty. For
the urban sector, Vision 2030 places infrastructure,
land reform, environmental management, housing,
urbanization, and a nationwide urban planning and
development campaign at the top of the development
agenda. The new Constitution of Kenya introduces
devolved government as a key additional reform. A
flagship project is the Metropolitan and Investment
Plans Initiative for six regions – greater Nairobi;
Mombasa; Kisumu-Kakamega; Nakuru-Eldoret;
Wajir-Garissa-Mandera; and Kitui-Mwingi- Meru –
also border towns, and all other municipalities
1
.
Kenya’s population increased from 28.7 million in
1999 to 38.6 million in 2009 and will be about
42 million in 2012 and 65 million in 2030
2
. Young
people (10–24 years) constitute 35 percent of the
population while youth unemployment represents 78
percent of total unemployment. Underemployment
and the unavailability of decent jobs are thus
challenges for the youth in urban areas. Unequal
access to education often leads to limited income,
employment, and housing opportunities. In the
long term, persistent intergenerational inequity
deprives youth of their political, economic,
social, and cultural rights to the city
3
.
The 2009 National Housing and Population Census
confirmed that about 32 percent of the population
was living in urban areas. Specifically, Kenya’s five
largest towns (Nairobi, Mombasa, Kisumu, Nakuru,
and Eldoret) host approximately one-third of the
urban population. It is estimated that urban areas
will account for 45 percent of the population or
16.5 million people by 2015 and for 54 percent or
23.6 million people by 2030. However, Kenya may
have to review the concept of what constitutes
an urban area and take into account urban
conglomerations, urban expansion trends and peri-
1 Kenya’s Urban Development in the 21st Century, Marcel Werner, Viola
Otieno, Judi Wakhungu, 2011
2 Population, Urbanization, and Housing Sector Note, Pre-Development
Partnership Forum, Ofce of the Deputy Prime Minister and Ministry of
Finance – Aid Efectiveness Group, 17 June 2011
3 State of the Urban Youth 2010/11 – Leveling the Playing Field: Inequality of
Youth 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 total
poor population of Kenya, and poverty, to a significant
degree, is an urban issue
4
. Gender inequalities
remain severe, with female slum dwellers five
times more likely to be unemployed than males.
The 2011 Human Development Index indicates
that Kenya’s gross national income per capita was
USD 1,492, and Kenya’s urban centres account for
more than 65 percent of gross national income
5
.
Kenya ranks 128th out of 169 countries on the 2010
Human Development Index. Fifty-four percent of
the population is satisfied with affordable housing,
64 percent with the education system and schools,
79 percent with air quality, and 45 percent with
water, but 41 percent of Kenyans have no access
to a water supply and 69 percent lack sanitation
6
.
According to Marcel C. Werner et al., “The evolution
of local government in Kenya has passed through
three significant stages: the colonial era, the early
independence 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… After
independence, the local government sector went into
steep decline. The darkest period was the 1990s…
Revenues were down, staff levels and salaries went
up, and services were gone. Around three quarters
of budgets went to salaries… Councils were virtually
grounded, unable to provide any noticeable services
and with officers preoccupied with pursuing personal
gains…”
7
It is therefore not surprising that, according
to the Liveability Ranking and Overview
8
, which
measures the quality of life in cities and ranks them in
terms of local authorities’ performance, no Kenyan (or
African) city or town received a favourable ranking.
Today’s urban challenges in Kenya are therefore
the result of post-independence policy and
planning failures and inadequate legal frameworks.
Kenya’s rapid urban growth comes with a host
of problems, including high unemployment, the
rapid proliferation of slums, overstretched and
deteriorating infrastructure and services, choking
traffic congestion, environmental disasters and the
4 Te State of African Cities 2010: Governance, Inequality and Urban Land
Markets, UN-Habitat, 2010
5 Human Development Report 2011: Sustainability and Equity – A Better
Future for All, UNDP, 2011
6 Kenya’s Urban Development in the 21st Century, Marcel Werner, Viola
Otieno, Judi Wakhungu, 2011
7 Ibid.
8 Liveability Ranking and Overview, Economist Intelligence Unit Ltd.,
2011
1. THE URBAN CHALLENGE
United Nations Human Settlements Programme
Regional Office for Africa
6
fast disappearance of urban greenery, an acute
shortage of affordable housing and residential
land amid financial speculation, high insecurity and
crime rates (even though there are different views
on the state of security), lacklustre or arbitrary law
enforcement, petty politics coupled with political
high-handedness, and all-pervasive corruption.
So far, Kenya has not had a national policy on
urbanization that would guide proper planning, service
delivery, and management of towns and cities. The
formulation of a national urban development policy
started in March 2011 and is ongoing. It will address
the following thematic areas: urban economy; urban
finance; urban governance and management; national
and county urban planning; land, environment, and
climate change; social infrastructure and services;
physical infrastructure and services; urban housing;
urban safety and disaster risk management; and
marginalized and vulnerable groups. The policy’s
overall vision is to have secure, well-governed,
competitive, and sustainable cities and urban areas
1
.
The new Urban Areas and Cities Act 2011
addresses devolution and provides for new-style
councils that will be supervised by a college of
appointed commissioners, half of which will be
hired competitively, half nominated by government
and civil bodies. The act also makes urban planning
mandatory and enforceable. This is an excellent
platform for local government reform. However, 70
overlapping, uncoordinated Acts of Parliament guide
urban development in Kenya and require reform
and consolidation under the new constitution.
INSTITUTIONAL RESPONSIBILITIES
FOR THE URBAN SECTOR AT
NATIONAL AND LOCAL LEVEL
Currently the Government of Kenya has a large
cabinet with 42 ministries, but this will change after
the upcoming elections, when the new constitution
becomes fully operational. It stipulates that the cabinet
shall consist of the President, the Deputy President, the
Attorney-General, and between 14 and 22 appointed
Cabinet Secretaries (formerly Ministers). Four
ministries have urban responsibilities in the present
government structure: Local Government; Lands;
Housing; and Nairobi Metropolitan Development. It is
still open, how these four and other related ministries
might be merged when a smaller cabinet becomes
effective, and the National Habitat Committee is
called upon to raise this issue for consultations.
1 Draft National Urban Development Policy, Ofce of the Deputy Prime
Minister and Ministry of Local Government, December 2011
The Ministry of Local Government facilitates
governance and the service delivery of local
authorities. The ministry formulates local authority
sector policies and supports local authorities in
providing infrastructure to their citizens. It has
oversight responsibilities over the Local Authorities
Transfer Fund; Local Authorities Service Delivery
Action Plan; Local Authorities Loans Authority;
Local Authorities Provident Fund; and Local
Authorities Superannuation Fund. The Constituency
Development Fund will be abolished.
The Ministry of Lands’ role is to efficiently manage
Kenya’s land resources. To achieve its aims of
maintaining access, equity, and optimality in land
use, the ministry works with a variety of stakeholders.
They include public and private organizations, non-
governmental organizations (NGOs), and foreign
investors. Currently the ministry is the focal point
for the formulation and implementation of land
policy as stipulated in the new constitution.
Land has always played an essential role in Kenya,
both politically and in socio-economic terms. Land
problems in Kenya emanate from “the centralized,
bureaucratic, corrupt and undemocratic land
administration and management system that allowed
a small group of politically connected individuals
to use public land as their personal property. There
are also other problems such as laws and ineffective
conflict resolution systems…”
2
Government, county
councils, individuals, and groups can own land
in Kenya. Different legal instruments govern the
different categories of land and its owners. There
are two different systems of land registration in
Kenya: document registration and title registration.
The Registration of Land Act was intended to
be 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 been
achieved, and there is still a plethora of statutes
applying to land. This makes land law in Kenya
very complex, which has an impact on land use
3
.
The framework for improvement is set out in the
National Land Policy – which was finally adopted by
Parliament in December 2009 – and the constitution.
The two documents provide a comprehensive
roadmap towards making land administration more
democratic and towards new laws that govern land
issues based on equity, non-discrimination, and redress
of historical injustices. The constitution establishes
three types of land – government land, private land,
and trust land – while the land policy distinguishes
2 Home and Away Supplement, Te Standard, 16 February 2012
3 Land Tenure, Land Use and Sustainability in Kenya: Towards Innovative
Use of Property Rights in Wildlife Management, Dr. Patrick Kameri-Mbote,
IELRC Working Paper, 2005
COUNTRY PROGRAMME DOCUMENT 2013–2015 7
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between public land, community land, and private
land. The category of government land, which was
previously “owned” by the state as public land, will
come under the National Land Commission, which
is to be accountable to Parliament. Following the
recent tabling of the National Land Commission
Bill, the Land Bill, the Land Registration Bill, and the
Community Land Bill for debate in Parliament, a lively
debate is expected, as these bills will need substantive
amendments to re-establish the spirit of reform.
Civil society groups welcomed the tabling of the
bills in Parliament, but are urging for more extensive
review, input, and overhaul by stakeholders for the
bills to meet the aspirations of Kenyans
4
. Lastly, an
Eviction and Resettlement Bill is currently with the
Ministry of Lands, which is a welcome development.
Although towns and other urban and rural centres
are managed and planned by the municipal, county,
or town councils in liaison with the Ministry of Local
Government, the reality is that local governments are
weakened and constrained by strong central control
and heavy reliance on the centre. The Ministry of Local
Government supervises, supports, and resources all
174 local authorities. Political interference, lack of
funds, and weak administrative capacity constrain
local governments’ service delivery. Opportunities
for partnerships between government, civil society
organizations, and the private sector have been
underutilized. In the absence of strategic plans, urban
services lack coherent planning, which limits the
implementation and monitoring of projects. But even
if councils such as Nairobi’s prepare strategic plans,
their follow-through is far from guaranteed. The
relatively recent approach of performance contracts
between government and local authorities has not
been 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
latter’s weaknesses. Non-comprehensive planning
leads to poor financing and erratic implementation
of development activities. Despite the Physical
Planning Act giving local governments planning
responsibilities, in practice few have trained planners
and must refer to central planning authorities at the
Department of Physical Planning, Ministry of Lands
5
.
The Ministry of Housing has the responsibility of
facilitating the development and management of
affordable quality shelter for Kenyans. This is done
through formulating, implementing, and reviewing
housing sector policies and improving living
environments through slum upgrading. The challenge
of providing low-cost housing is set to magnify, and
shelter 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 the
National Housing Survey in 44 of the 47 counties.
The survey will be released in January 2013. It is
estimated that the country requires 200,000 housing
units yearly, but is only able to provide 40,000–50,000
units. The issues at hand include a building code to
provide a range of cheaper building materials for
low-income earners, appropriate land-use policy,
affordable credit, and improved relevant infrastructure.
The main focus of the Ministry of Nairobi
Metropolitan Development is the development of
the Integrated Nairobi Metropolitan Areas Growth
and Development Strategy, now also extended to
other urban areas. It is also mandated to ensure
integrated strategic programmes for the provision
of social, economic, and infrastructural services.
5 Kenya Urban Sector Profle – Regional Urban Sector Profle 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 million
Mombasa: 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%
United Nations Human Settlements Programme
Regional Office for Africa
8
1.2 FOCUS AREA 1: ADVOCACY,
MONITORING, AND PARTNERSHIPS
There is evidence that the focus of poverty is shifting
from rural to urban areas. Yet this urbanization of
poverty and the processes that characterize it are
poorly documented. Unless efforts are made to
underpin this development with evidence-based
research and knowledge development through
advocacy, monitoring, and partnerships, sustainable
urbanization will remain a challenge for all actors.
UN-Habitat policy in this focus area is to promote
sustainable urbanization through evidence-based
research, policy dialogue, strategic partnerships,
global campaigns, education, communication,
and the exchange of best practices
1
.
During the 47th International Society of City and
Regional Planners (ISOCARP) Congress held in
Wuhan, China, in 2011 under the theme “Liveable
Cities: Urbanizing World, Meeting the Challenge”,
the Government of Kenya gave its strongest
statement ever on addressing the challenges facing
the country’s urban development. The government
representatives (from the Ministries of Housing,
Lands, and Nairobi Metropolitan Development)
agreed to support the society’s dissemination efforts
and share relevant knowledge, expertise, tools,
methods, and experiences on sustainable human
settlements and urban development efforts.
For its part, ISOCARP promised to assist the
government in the pursuit of specific planning
programmes. In 2010, Kenya hosted the society’s
46th congress, which addressed issues affecting
city development in poor countries. The rapid
urban expansion in Kenya has brought major
pressures on service and utility systems that
require capital and technology, particularly mass
transit, communications, and utilities, but also
sewers, roads, energy, and development control
Kenya marked World Town Planning Day on 8
November 2011 as one of the ISOCARP-supported
activities to improve town and country planning.
The theme focused on sustainable towns in the
context of the new Constitution of Kenya and Vision
2030. The following issues were addressed: the
constitution and provisions for town, county, and
national planning; planning and development of
sustainable metropolitan regions, cities, and towns;
governance and institutional systems in towns
1 Medium-Term Strategic and Institutional Plan 2008−2013 Focus Area
Policy and Strategy Paper, Focus Area 1: Efective 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 improvement
of the urban environment. The forum urged the
Government of Kenya to put planning at the
forefront of the development agenda and allocate
sufficient funds in its national and county budget.
Every first Monday of October, Kenya joins the
entire world to celebrate World Habitat Day. This
is a day set aside by the United Nations to reflect
on the state of our towns and cities and the basic
right of all to adequate shelter. It is also intended
to remind the world of its collective responsibility
for the future of the human habitat. In 2011,
World Habitat Day was celebrated with the theme
“Cities and Climate Change”. In this context, more
attention should be given to the State of Environment
Report issued by the National Environment
Management Agency (NEMA), particularly with
regard to housing and other urban issues.
1.3 FOCUS AREA 2: PARTICIPATORY
URBAN PLANNING, MANAGEMENT,
AND GOVERNANCE
Well-managed urbanization generates economic
growth, social harmony, and political and scientific
progress, while poorly managed urbanization
generates social exclusion, poverty, uncontrolled
urban sprawl, pollution, and the unsustainable use
of land, water, and other natural resources. Cities
provide opportunities for economic development and
improved income, as well as scientific and cultural
possibilities, but are also sites for friction among
urban and other stakeholders. Urban economies
are crucial for national economic development.
Appropriate urban development can also enhance
rural development, as cities provide markets, services,
and employment for the hinterland. With their dense
concentrations of people and activities, cities also
contribute, directly or indirectly, to pressing global
problems such as climate change. The increasing
number and frequency of natural and human-made
disasters affecting cities can cause large numbers of
human fatalities due to the high population density
2
.
Kenya is facing one of the world’s most pressing issues
– rapid urbanization and its impact on communities
and cities. The government and local authorities have
the challenge of guiding the physical growth of urban
areas and providing adequate services for the growing
2 Ibid., Focus Area 2: Participatory Planning, Management, and
Governance
COUNTRY PROGRAMME DOCUMENT 2013–2015 9
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urban population. If the gap continues to grow
between supply and demand of urban services such
as water, sanitation, infrastructure, and housing, the
negative consequences of urbanization become severe.
There is a lack of coordination in the implementation
of those programmes created to realize greater
impact. A broader, shared vision is needed for the
urban sector, together with the reorganization of
some of the ongoing efforts into a series of major
programmes that can have a catalytic impact.
So far, Kenya has not had policy guidance on proper
planning, service provision, and management
of towns and cities. As the draft National Urban
Development Policy notes, urban development has
largely been taking place without a comprehensive
national urban policy framework. To date, only 30
percent of the 175 towns and municipalities in Kenya
are planned, but plans may be outdated and no
longer forward looking. Planning, when done, has
tended to react to urban development, rather than
directing it in advance. There has also been a severe
disconnect between the planning authorities and
implementing agencies, as well as lack of appropriate
technical and institutional capacity on the part of
local authorities. In addition, planning efforts have
had inadequate human resources, an absence
of broad-based consultation, and an ineffective
coordinating framework for the preparation,
implementation, and enforcement of plans.
However, the Nairobi metropolitan spatial plan
and topographical maps have been completed
by the Nairobi City Council (NCC) with assistance
from the Japan International Cooperation Agency
(JICA), but cadastral maps are still missing. The
Ministry of Local Government has, since 2010,
also embarked on an intense planning exercise
all over the country. The University of Nairobi has
instituted an urban planning curriculum for existing
officials in Nairobi, but this initiative still needs
to be extended to counties – all of them should
start with comprehensive planning initiatives.
The challenges facing urban centres in Kenya may
not be addressed soon – even after the recent
passing of the Urban Areas and Cities Act 2011.
The statute was to be informed by a national urban
development policy, whose formulation started in
March 2011 and is still underway. The absence of
the 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
United Nations Human Settlements Programme
Regional Office for Africa
10
The article stipulates that national legislation shall
provide for the governance and management of
cities and urban areas. As of now, there are over 70
Acts of Parliament that govern urban development
countrywide, which create conflicts, overlapping roles,
and poor coordination. There is, therefore, a need to
harmonize current legal and institutional frameworks
to address the rapid urbanization and growth.
The Government of Kenya is also in the process
of developing a national spatial plan, which will
be spearheaded and coordinated by the Ministry
of Lands through the Department of Physical
Planning, in conjunction with government ministries,
agencies, and stakeholders. This is an instrument
for establishing a long-term, sustainable framework
for social, territorial, and economic development
in the country. The role of the national spatial plan
is to enhance sectoral integration in areas such as
housing, transport, energy, industry, and agriculture.
It is also intended to improve local urban–rural
development systems. The preparation of the spatial
plan is related to the country’s policy framework,
Vision 2030, and the National Land Policy
1
.
1 National Spatial Plan (Draft), Department of Physical Planning, Ministry
of Lands, Republic of Kenya, June 2010
1.4 FOCUS AREA 3: PRO-
POOR LAND AND HOUSING
Unless radical efforts are made to provide affordable
housing options, and legal and secure land at
scale, cities worldwide will host some two billion
slum dwellers in 2020. The situation is critical and
unprecedented
2
. In Africa, for example, urban
growth is synonymous with informal, if not chaotic,
urban sprawl. The formal land and housing delivery
systems are not working for most people; land
and housing prices are rising swiftly. Individuals are
trading land and property rights – regardless of
legal status – as a way to gain access to a place to
live and legitimize their right to the city, and these
informal settlements are plagued by overcrowding,
inadequate sanitation, and poor housing conditions
3
.
UN-Habitat policy for this focus area is to assist
national governments and Habitat Agenda
2 Medium-Term Strategic and Institutional Plan 2008−2013 Focus Area
Policy and Strategy Paper, Focus Area 3: Access to Land and Housing for
All, UN-Habitat, 2011
3 First meeting, International Tripartite Conference on Urbanization
Challenges and Poverty Reduction in African, Caribbean, and Pacifc
Countries, HSP/EC/ACP.1/6, Nairobi, June 2009
Nairobi city. Photo © Julius Mwelu, UN-Habitat
COUNTRY PROGRAMME DOCUMENT 2013–2015 11
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partners to adopt pro-poor, gender- and age-
sensitive housing, land management, and property
administration through enabling policies and
improved legal and regulatory frameworks.
LAND
Land in Kenya plays a foundational role in economic,
social, and political life. The livelihoods of about 80
percent of Kenyans directly depend on access to
land. Land generates revenue and plays a significant
role in industrial and commercial developments,
while its use impacts environmental sustainability.
Questions concerning land tenure, property rights,
and land administration command pivotal positions
in the country’s social, economic, legal, and political
fabric. These questions frame some of the most
contentious issues in Kenya today, such as the
breakdown in land administration and management,
inequitable access, conflict over land rights, and
lack of proper planning and land use zoning. The
current institutional structure for land administration
and management is highly centralized and lacks
transparency, which contributes to poor service
delivery. The current legal framework does not support
the myriad contemporary issues found in the land
sector. Existing laws are numerous and conflicting
and several are outdated. Land fragmentation,
poor land administration, and disparities in land
ownership have led to massive poverty. Squatting,
landlessness, disinheritance of some groups and
individuals, urban squalor, underutilization of
land, abandonment of agricultural land, land
tenure insecurity, and conflict only compound
the situation. Massive environmental degradation
has meanwhile reduced the quality of land.
The new constitution, under chapter five, offers
land remedies in the form of principles, but those
principles require legal and institutional mechanisms
to be enforced. The constitution anchors the
provisions of the National Land Policy. Land policy
principles, land tenure regimes, radical title matters,
property rights, historical land injustices, new land
governance institutions, issues that require legislation,
natural resource governance, and environmental
sustainability are clearly outlined and provided
for in the constitution. The Ministry of Lands has
embarked on key legal reforms (such as the National
Land Commission Bill, Land Bill, Land Registration
Bill, and Community Land Bill) as scheduled in
the constitution. A National Land Commission is
expected to be in place in 2012. However, the
implementation of the provisions of the constitution
on land and the National Land Policy is expected
to be challenging and long term. Implementation
of land reforms needs to be coupled with capacity
building in terms of change management, business
culture orientation, and a pro-poor approach in
service provision. The issue of land speculation
remains however rampant and tends to undermine
attempts to instill a pro-poor policy into land matters.
UN-Habitat, as the Chair and Secretariat for the
Development Partners Group on Land, in line with
the Paris Declaration on Aid Effectiveness, coordinates
donor funding, provides technical assistance, and
coordinates policy dialogue on sector-specific issues
among donors. UN-Habitat, together with other
development partners (e.g. SIDA, USAID, World Bank,
IFAD, etc.) and the Ministry of Lands, have jointly
agreed on quick wins to fast-track the implementation
process, with the development partners committing
funding to the process – including the provision of
technical advisors, which is viewed as a key milestone.
HOUSING AND SLUMS
Kenya has an inadequate supply of affordable
and decent housing, a low level of urban home
ownership (16 percent), and extensive slums and
squatter settlements. It is estimated that out of the
200,000 housing units required annually in urban
areas, only 40,000–50,000 are produced. In the
rural areas, it is estimated that there is a need to
improve the quality of more than 300,000 housing
units every year. The shortage of housing for low-
income households is particularly acute in urban
areas, with only about 6,000 units, or 20 percent
of all houses produced, catering for this group.
This is attributed to underinvestment in low- and
middle-cost housing by both the public and private
sectors. Other constraints include poor governance,
an outdated legal and regulatory framework – with
obsolete building codes and by-laws – and the
high cost of housing finance, for both long-term
developers and buyers. The housing shortage exists
for both owner-occupied and rental housing
4
.
Low-income households represent about 48 percent of
the total demand for new houses in Kenya. However,
more than 80 percent of new houses are for high-
income and upper-middle-income earners. Considering
that more than 60 percent of the Kenyan population
is younger than 25 years, the demand for housing
will rise steadily as this group reaches adulthood
5
.
4 “Adequate and Decent Housing in a Sustainable Environment”, First
Medium Term Plan (2008–2012), Ministry of State for Planning, National
Development, and Vision 2030, Ofce of the Prime Minister, Government
of the Republic of Kenya, 2008
5 Ibid.
United Nations Human Settlements Programme
Regional Office for Africa
12
The housing sector was negatively affected by the
2007/2008 post-election violence, which left many
Kenyans without shelter. Internally displaced people
continue to live in camps across the country. The
impact of this violence was worse in slums and
informal settlements. In Nairobi, about 9,000 housing
units were destroyed, affecting close to 100,000
residents. The other urban centres most affected were
Kisumu, Eldoret, Kericho, Nakuru, and Naivasha
1
.
Urban slums are overcrowded and polluted and
lack adequate sanitation, posing serious health
risks to residents. The unplanned nature of these
informal settlements presents a serious challenge
to the socio-economic development of the country.
Slum dwellers are particularly hard hit by a lack
of access to social and physical infrastructure.
Empirical evidence suggests that slum dwellers
pay more on average for cooking, water, and
electricity than their wealthier counterparts, who
are likely to be connected to service networks
2
.
To address the situation, the Ministries of Local
Government, Housing, and Nairobi Metropolitan
Development are already implementing programmes.
The Ministry of Housing is the lead agency for
the Kenya Slum Upgrading Programme, which
was launched in 2003 as a joint initiative of the
Government of Kenya and UN-Habitat. Its main
objective is to improve the livelihoods of people living
and working in informal settlements. The patron of the
programme is the President of the Republic of Kenya.
The government, through the Ministry of Lands, has
drafted the Eviction and Resettlement Guidelines Bill
2011
3
, which seeks to provide for humane and lawful
evictions of persons unlawfully occupying public,
community, or private land. Among other rights, the
constitution provides for the right to property and
housing and the right to be treated with dignity. This
bill seeks to balance these sometimes competing rights
so that the owners’ right to property is protected
while the evictees are handled in a manner that
respects their dignity and avoids undue interruption
of their lives. The bill is yet to be endorsed by the
Cabinet (thereafter to be approved by Parliament).
UN-Habitat’s activities under the Kenya Slum
Upgrading Programme have had some multiplier
effects. The support of the agency and other donors
has helped to increase the government’s political
commitment to slum upgrading. The programme has
1 Ibid.
2 Population, Urbanization, and Housing Sector Note, Pre-Development
Partnership Forum, Ofce of the Deputy Prime Minister and Ministry of
Finance – Aid Efectiveness Group, 17 June 2011
3 Te Draft Eviction and Resettlement Guidelines Bill 2011, James Orengo,
Minister for Lands
also improved the awareness of urban stakeholders
regarding the need to change the living conditions
of slum dwellers. It has also led to increased
cooperation among various ministries in Kenya –
Housing, Lands, Cooperatives, Roads and Public
Works, Local Government, and Youth and Sports.
Finally, UN-Habitat’s involvement has led to the
establishment of the Kenya Slum Upgrading Fund,
which has received an initial budgetary allocation
of USD 250,000. Various small projects such as the
Ziwa la Gombe upgrading initiative in Mombasa or
the Korogocho project funded by Italy were led by
UN-Habitat, in partnership with key actors in Kenya.
A considerable investment in slum upgrading is now
under way through the Kenya Informal Settlements
Improvement Programme by the World Bank.
1.5 FOCUS AREA 4:
ENVIRONMENTALLY SOUND BASIC
INFRASTRUCTURE AND SERVICES
Environmentally sound basic urban infrastructure
and services have a crucial role to play in sustainable
human settlements. But despite efforts being made
by many governments, access to infrastructure and
services such as safe drinking water, basic sanitation,
drainage, waste disposal, and energy remains a distant
reality for most urban residents, especially the poor of
the developing world. A lack of clearly defined urban
development policies and legislation, low current
investments in services for all and pro-poor financing
mechanisms, weak institutional capacity, inadequate
data and poor information flows, and the high cost
of energy for water delivery are some of the obstacles
governments 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 access
to and sustain the provision of adequate clean drinking
water, improved sanitation and waste management,
and ecologically sound energy-saving transport and
power supply technologies in urban and peri-urban
areas, with due regard to small secondary towns.
Kenya’s Vision 2030 prioritizes infrastructure and
services as key components of the economic and
social strategies for the transformation of the country.
Transportation, energy, water and sanitation and
waste management are all accorded high priority in
providing the foundation for economic development
and poverty alleviation and in meeting the aspiration
4 Medium-Term Strategic and Institutional Plan 2008−2013 Focus Area
Policy and Strategy Paper, Focus Area 4: Environmentally Sound Basic
Urban Infrastructure and Services, UN-Habitat, 2011
COUNTRY PROGRAMME DOCUMENT 2013–2015 13
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for a country “firmly inter-connected through a
network of roads, railways, ports, airports, water
and sanitation facilities, and telecommunications”.
Expanded access to infrastructure and services
will require greater attention to environmental
management which is one of the themes addressed
under the social pillar of Vision 2030. A number
of challenges are listed, which tend to focus on
“green” environmental issues
5
. However, as Vision
2030 states, the institutional arrangements for
addressing environmental issues are not robust at
present: “Kenya’s current institutional framework
to manage the environment is characterized by
fragmentation. Various aspects of environmental
policy cut across different institutions”
6
.
The existing infrastructure and service provision has a
number of challenges: limited networks, inadequate
maintenance and upgrading, a shortage of funding,
outdated technology, and insufficient technical skills
and personnel. There is also inadequate drainage and
5 Government Institutions, Public Expenditure, and the Role of Development
Partners: Meeting Kenya’s Environmental Challenges, Neil Bird and Njeru
Kirira, Overseas Development Institute and Danish Embassy, 2009
6 Ibid.
sanitation due to poor planning and lack of investment
and maintenance. Waste management is another
environmental risk. Of the 174 local authorities, only
32 have sewage treatment and disposal facilities
– 2 being conventional treatment plants, while 30
are oxidation lagoons that can only handle organic
waste. In Nairobi, only 20 percent of solid waste
is collected and taken to approved dumpsites,
which, however, are full and badly managed.
Equitable access to energy is an essential element
of sustainable urban development and economic
growth. Yet over 60 percent of people in Kenya
still rely on traditional biomass for cooking and
heating; only about 20 percent of households
in Kenya have access to grid electricity. The
connection rate is around 12 percent in rural areas
7
.
Dependence on imported fuels and hydropower
keep prices high and the supply unstable.
Poor transport mobility and connectivity in urban
areas go hand-in-hand with traffic congestion and
7 Energy Sector Note, Pre-Development Partnership Forum, Ofce of
Deputy Prime Minister and Ministry of Finance – Aid Efectiveness Group,
17 June 2011
Kibera slums, Nairobi. Photo © UN-Habitat Kenya Programme
United Nations Human Settlements Programme
Regional Office for Africa
14
environmental pollution. For instance, heavy traffic
jams plague Nairobi, keeping operational costs
high and discouraging local and foreign investors.
This is worsened by poor traffic management and
enforcement of traffic laws. The “public” transport
sector is dominated by the privatized matatu (minivan)
industry, which is chaotic and criminally managed.
Grand infrastructure projects are under way, such as
the reconstruction of the 50-kilometre Nairobi–Thika
Highway at a cost of KES 31 billion, through financial
assistance from China and the African Development
Bank. The road forms part of the link to Ethiopia
through Moyale and Somalia at Liboi. Other planned
infrastructure projects include the construction of
a second port in Lamu, which is needed to sustain
the growing need for ocean access by places such as
South Sudan and landlocked Ethiopia. The port will
also require a railway line and a road to connect it
with the hinterland. Despite these initiatives, little is
being done to enhance infrastructure and services at
the neighbourhood and village level. Furthermore,
expanded infrastructure networks will stretch the
capacity of the existing institutional arrangements to
ensure effective management and operations. Training
and capacity building programmes will need to be
accelerated to ensure that the necessary capacity is in
place to operate and maintain the expanded facilities.
1.6 FOCUS AREA 5: STRENGTHENED
HUMAN SETTLEMENTS
FINANCE SYSTEMS
Some 1.15 billion human beings, or one-sixth of
the world’s population, live in slums because formal
economic and financial systems fail to provide
decent housing for all. The number of those without
adequate shelter, water, and sanitation grows by
70 million people per year. The UN estimates that
the resources required to achieve the slum-related
Millennium Development Goals amount to USD 20
billion per year for 15 years. This is far above the
current capital expenditures on slum upgrading and
prevention. According to the Rockefeller Foundation,
it would take between one and two trillion US dollars
to address slum dwellers’ needs
1
. Still, over the past
ten years or so, a number of countries have proven
that slums can be reduced and even prevented
2
.
1 Medium-Term Strategic and Institutional Plan 2008−2013 Focus Area
Policy and Strategy Paper, Focus Area 5: Strengthening Human Settlements
Finance Systems, UN-Habitat, 2011
2 UN-Habitat Annual Report 2009
UN-Habitat policy in this focus area is to improve
access to finance for housing and infrastructure,
particularly for the urban poor, through innovative
financing mechanisms and improved institutional
capacity to leverage the contributions of communities,
local authorities, the private sector, government,
and international financial institutions.
As mentioned earlier in this document, access
to finance is a major limiting factor in housing
development, especially for the middle- and
low-income groups. According to Vision 2030:
First Medium Term Plan (2008–2012), the
government is planning to build 200,000 housing
units annually by 2012. Incentives are planned
for the private sector to construct houses, and
for individuals through the establishment of a
secondary mortgage finance corporation.
COUNTRY PROGRAMME DOCUMENT 2013–2015 15
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Urban Programmes Donors
Involved
Duration Budget Geographic
Scope
MTSIP Focus Areas and
New Focus Areas (NFA)
Covered
Kenya Municipal Programme
The goal is to strengthen local governance, improve
service delivery, and support the government’s
policy on devolved government as proposed in the
new constitution. The key development objective of
the municipal programme is to strengthen
Kenya’s decentralization capacity through:
1. Developing national policies related to
decentralization and establishing frameworks for
clarifying the roles and responsibilities of local
authorities
2. Strengthening the intergovernmental fiscal
frameworks for transferring resources to
municipalities through provision of advisory services,
technical assistance, and training
3. Improvement of basic infrastructure
WB 2010–2015
USD 100
million (The
World Bank
is extending
these credits
to Kenya on
concessional
terms, with
a service
charge of
0.75 percent,
a 10-year
grace
period, and
a 40-year
repayment
period.)
The targeted
municipalities
under Phase
I of the
programme
are:
Eldoret, Embu,
Garrisa,
Kakamega,
Kericho,
Kitui, Kisumu,
Malindi,
Mombasa,
Machakos,
Nakuru, Nyeri,
Naivasha,
Thika, and
Nairobi.
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; urban
services: housing and slum
upgrading
Kenya Informal Settlement Improvement
Components are as follows: strengthening
institutions, programme management, tenure
security, infrastructure and service delivery, and
planning for urban growth.
WB, SIDA,
AFD
2011–2016
Total: USD
165 million

World Bank
– USD 100
million,
AFD – USD
45 million,
SIDA – USD
10 million
Five
municipalities
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 slum
upgrading; basic urban
services
Youth Empowerment
Supporting unemployed youth in Kenya.
Increasing access to youth-targeted temporary
employment programmes.
Improving youth employability.
WB 2010–2015
USD 60
million
National FA 1 – EA (1, 2, 3)
NFA – Urban economy and
job creation
Water and Sanitation Service Improvement
Increasing access to reliable, affordable, and
sustainable water supply and sanitation.
Improving the water and wastewater services.
WB 2007–2012
USD 150
million
1. Athi Water
Services Board
2. Coast Water
Services Board
3. Lake
Victoria North
Water Services
Board
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 Building
Technical Assistance
Strengthening public financial management systems.
Enhancing transparency, accountability, and
responsiveness to public expenditure policy
priorities.
Enhancing public service delivery through results-
based management.
WB 2006–2011
USD 25
million
NFAs – Legislation and
governance; research and
training
TABLE 2: DONOR ACTIVITIES IN THE URBAN SECTOR
table continued on page 16
United Nations Human Settlements Programme
Regional Office for Africa
16
Support to Donor Coordination in the Land
Sector in Kenya
Supporting the land reform process in Kenya by
strengthening the capacity of the Development
Partners Group in Kenya as they engage the
Government of Kenya in planning, implementing,
and evaluating land initiatives.
UN-Habitat,
Sida,
USAID, IFAD,
JICA, FAO,
DFID, World
Bank, GTZ,
and Italian
Cooperation
2004–2012
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 and
design; housing and slum
upgrading; basic urban
services
Development Partners Group on Land
support to land reforms in Kenya
Supporting the National Land Policy formulation
process – the National Land Policy seeks to address
critical 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 National
Land Policy such as Land Information Management
Systems, legal reforms, institutional reforms, public
education and awareness, and land management.
UN-Habitat,
SIDA, USAID,
IFAD, JICA,
FAO, DFID,
World
Bank, GTZ,
and Italian
Cooperation
2003–2012
USD 13
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 – Legislation and
governance; urban planning
and design; housing and
slum upgrading; basic urban
services
Land Sector Non State Actors
Facilitate inclusive dialogue on comprehensive
land and natural resource policy, legislative
and institutional reforms through networking,
information generation, sharing, advocacy and
empowerment.
SIDA 2009–2012
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 and
design; housing and slum
upgrading; basic urban
services
Master Plan for Nairobi Metropolitan
JICA 2011–
Nairobi FA 2 – EA (1, 2, 3)
NFA – Urban planning and
design
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 and
governance; urban planning
and design; housing and
slum upgrading; basic urban
services
Civil Society Urban Development Programme
Supporting Kenyan civil society organizations’ active
participation in the urban development sector.
SIDA 2010–2012 USD 7 million National FA 1 – EA (1, 2, 3)
FA 2 – EA (1, 2, 3)
NFAs – Legislation and
governance; research and
training
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 Agricultural
Development (IFAD), Food and Agriculture Organization (FAO), Germany Development Agency (GTZ), Medium-Term Strategic and Institutional
Plan (MTSIP), Focus Area (FA), Expected Accomplishment (EA), New Focus Areas (NFA).
COUNTRY PROGRAMME DOCUMENT 2013–2015 17
2. STRATEGY FOR 2013–2015
2.1 NATIONAL DEVELOPMENT
GOALS AND PRIORITIES
Kenya’s overall development is hinged on Vision 2030,
which is a blueprint for transforming the country into a
rapidly industrializing middle-income nation by the year
2030. The vision aims to create a cohesive, equitable,
and just society based on democratic principles and
issue-based politics grounded in the cultures and
traditions of residents. Vision 2030 has three pillars –
economic, social, and political – which are anchored
to macroeconomic stability; continuity in governance
reforms; enhanced equity and wealth creation
opportunities for the poor; infrastructure; energy;
science, technology, and innovation; land reform; and
human resource development. Vision 2030 is being
implemented through five-year rolling plans known as
medium-term plans.
The first medium-term plan identifies the key policy
actions and reforms as well as programmes and
projects that the government intends to implement
in the period 2008–2012. It is the foundation for
the 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 activities
recommended in the Report of the National Accord
Implementation Committee on National Reconciliation
and Emergency Social and Economic Recovery and
the country’s One-Year Economic and Social Recovery
Plan, both of which target quick economic and social
recovery following the destructive aftermath of the
December 2007 general elections. The medium-term
plan’s economic growth targets aimed at increasing real
gross domestic product growth from an estimated 7
percent in 2007 to 7.9–8.7 percent by the years 2009–
2010, and to 10 percent by 2012. The focus areas for
the 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 are
necessary to ensure the successful implementation
of the medium-term plan are also contained in the
document.
On 4 August 2010, 67 percent of registered voters
endorsed the new constitution, which was then
promulgated on 27 August 2010. The constitution
introduces fundamental and radical changes to all
three branches of government and the country’s
overall political and economic system. It establishes
new institutions for the management of public affairs
at both national and subnational levels, with an
innovative devolved government, an enhanced bill of
rights, and adherence to regional and international
treaties that Kenya has acceded to. The devolution of
urban governance and management to the county
level is one of the most challenging transitions under
the new constitution.
The Government of Kenya is currently preparing the
second medium-term plan to be ready by June 2013.
It will be prepared and implemented in a setting and
context which differs significantly from that of the
previous five-year development plans. The Constitution
of Kenya (2010) has created a devolved structure of
government at the national and county levels and
specified the distribution of functions between the
two levels of government. As such, the process of
preparing the second medium-term plan, its financing
modalities and mechanisms, its implementation
framework and structures, and its validation and
approval process will take cognizance of, and be
guided by, the constitution. The Government of
Kenya has formally presented a Draft Concept Note
on the Preparation of the Second Kenya Vision 2030
Medium Term Plan (2013–2017) to the UN Country
Team in Kenya requesting for comments to assist in its
finalization.
2.2 UN SYSTEM PROPOSED
STRATEGY FOR THE URBAN SECTOR
The United Nations Development Assistance
Framework (UNDAF) is the five-year strategic plan
for UN programmes in Kenya. It is a product of
partnership between the government and the UN
agencies, funds, and programmes working in Kenya,
of which there are 18.
The UN system in Kenya, in consultation with the
Government of Kenya, made a commitment to align
its development assistance with Kenya’s development
agenda and priorities. The UN Development
Assistance Framework is rooted in Vision 2030 and
United Nations Human Settlements Programme
Regional Office for Africa
18
its first medium-term plan, and fully recognizes the
importance of Kenya’s development. To this end,
the 2009–2013 framework is based on a review of
Vision 2030 and UN agencies’ mandates and areas of
expertise.
There are indications that Kenya will not achieve
the Millennium Development Goal targets. The
UN Development Assistance Framework seeks to
coordinate and harmonize its work across agencies
for improved aid effectiveness and Millennium
Development Goal achievements, building national
ownership of aid programming by focusing on what
the UN does best.
OUTCOMES OF THE 2009–2013 KENYA UN
DEVELOPMENT ASSISTANCE FRAMEWORK
1. Improving governance and realizing human rights
Anchored to the political pillar in Kenya’s Vision
2030, this priority will work towards strengthening
the institutional and legal frameworks that
support democratic governance, transformation,
accountability, and respect for gender and human
rights.
2. Empowering people who are poor and reducing
disparities and vulnerabilities
This priority is anchored to the social pillar in Vision
2030 and will work towards increasing equitable
access to and the quality of essential social services,
reducing the risks and consequences of conflict
and natural disasters, and delivering the sustained
reduction of new HIV infections while scaling up
treatment, care, and support.
3. Promoting sustainable and equitable economic
growth for poverty and hunger reduction, with a focus
on vulnerable groups
The UN will support initiatives that will enhance and
sustain Kenya’s economic growth, equitable livelihood
opportunities, food security for vulnerable groups, and
environmental management in response to climate
change. This priority is anchored to the economic and
social pillars of Vision 2030.
The implementation of the UN Development
Assistance Framework is overseen by the UN Country
Team, with the support of the Outcome Working
Groups (one for each framework outcome) and the
UN Resident Coordinator’s office. The latter provides
coordination support to the country team, Outcome
Working Groups, and joint programmes, and monitors
the implementation of the framework on a continuous
basis. The UN joint programmes are seen as an
important modality for enhanced UN cooperation.
Progress towards the UN Development Assistance
Framework results is monitored on an annual basis,
based on joint monitoring and evaluation processes
around the framework’s outcome areas and aligned
with national review processes and other regional
strategies and plans, particularly Vision 2030.
UN-Habitat participates in the UN Development
Assistance Framework Outcome Working Groups and
joint programmes (though it is not an implementing
partner), but presently has no programme pipeline
under the framework.
The current Kenya UN Development Assistance
Framework is scheduled to end in December 2013,
with the next one expected to come on stream in
January 2014. For this reason, Kenya was included
in the 2012 UN Development Assistance Framework
rollout group of countries by the UN Development
Operations Coordination Office, and the Kenya UN
Country Team has been preparing the next framework
with support from Regional Directors Team Secretariat
in Johannesburg. Several developments in the
operating environment have, however, led the Kenya
UN Country team to request a six-month extension
of the current framework to end in June 2014, with
the next one coming on stream in July 2014. The key
developments behind this decision include: ongoing
preparations of the Kenya Vision 2030 Medium
Term Plan (2013–2017); Kenya’s request to become
a Delivering as One “self-starter”, based on a letter
dated 28 September 2010 to the UN Development
Group Chair. The Kenya UN Country Team thereafter
decided to operationalize this request in the next
framework and chose to use the intervening period
to prepare the government, donors, UN staff, and
stakeholders on the transition to Develivering as One
status and the implications on the operations of the
UN development system in Kenya.
2.3 UN-HABITAT PROPOSED
STRATEGY FOR THE URBAN SECTOR
MEDIUM-TERM STRATEGIC AND
INSTITUTIONAL PLANS 2008–
2013 AND 2014–2019
Sustainable urban development is the theme of UN-
Habitat’s Medium-Term Strategic and Institutional Plan
2008–2013 and remains a key priority in the agency’s
normative and operational work until 2013. In this
context, sustainable urban development is an overall
framework within which UN-Habitat is addressing
more specific priorities.
COUNTRY PROGRAMME DOCUMENT 2013–2015 19
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Through the medium-term plan, UN-Habitat aims
to contribute to the achievement of the relevant
Millennium Development Goals, which are to halve,
by 2015, the proportion of the population without
sustainable access to safe drinking water and basic
sanitation (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 100
million slum dwellers (Target 7D).
In light of the factors shaping 21st century cities, seven
new focus areas and corresponding subprogrammes
will be prioritized from 2014 to 2019:
Nairobi city. Photo © UN-Habitat Kenya Programme
United Nations Human Settlements Programme
Regional Office for Africa
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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, and
Governance
National governments and city, regional, and local authorities have established
systems for improved access to land, have adopted enabling legislation, and
have put in place effective decentralized governance that fosters equitable
sustainable urban development.
New Focus Area 2: Urban Planning and Design City, regional, and national authorities have implemented policies, plans, and
designs for more compact, better integrated, and better connected cities that
foster equitable sustainable urban development.
New Focus Area 3: Urban Economy City, regional, and national authorities have improved capacity to implement
urban 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 and
implement policies and strategies aimed at increasing equitable access to basic
urban 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 increasing
access to adequate housing and improving the standard of living in existing
slums.
New Focus Area 6: Risk Reduction and
Rehabilitation
Cities are more resilient to the impacts of natural and human-made crises, in an
equitable manner.
New Focus Area 7: Research and Capacity
Development
Knowledge of sustainable urbanization issues disseminated and capacity
enhanced at international, national, and local levels in order to improve the
formulation and implementation of evidence-based policies and programmes
and to improve public awareness of the benefits of sustainable urbanization.
2.4 IMPLEMENTATION
ARRANGEMENTS
To overcome the past fragmentation of UN-Habitat’s
programme in Kenya into more than 20 (often
small) projects and interventions without a common
substantive and organizational framework, this Habitat
Country Programme Document will become the
programming platform for a new UN-Habitat Kenya
Country Programme. Further, and in order to position
and profile UN-Habitat as a recognized and quality
player in the Kenyan urban sector, the new country
programme should do the following:
• Emanate from joint programmatic work among
UN-Habitat, the Government of Kenya, relevant
civil society and private sector organizations, the
United Nations Country Team, and the donor
community in Kenya
• Preferably be organized through not more than
five large and integrated programmes, including
joint programmes with other UN agencies and
partners
• Include a strong field expert component to form
a Programme Team, whose mandate will consist
of (a) programme and project coordination and
implementation with partners; (b) UN inter-agency
and government relations; and (c) programme
formulation and fund-raising, in line with other
successful UN-Habitat country programmes
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3. FRAMEWORK, GUIDELINES, AND SELECTED FOCUS AREAS
FOR UN-HABITAT PROGRAMMES IN KENYA 2013–2015
Based on the deliberations of the second internal UN-Habitat meeting on the draft Kenya Country Programme
Document on 18 April 2012, the following framework, guidelines, and selected focus areas are proposed for a
new 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
3.2.1 UN-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
3.2.2 All Kenya programming activities will be coordinated by the Regional Office for Africa in order to avoid
programmatic fragmentation, and to create a comprehensive programme with multiple synergies and a clear
identity.
3.2.3 It is further agreed that all projects and programmes in Kenya should have adequate field expert staffing
in order to create a competent Kenya field office under one leadership.
3.2.4 UN-Habitat should also engage in UN Joint Programmes in order to increase impact, efficiency, and
synergies.
3.2.5 It was finally agreed that UN-Habitat projects and programmes in Kenya must be demand-driven.
3.2.6 UN-Habitat will preferably work in secondary towns in line with the Metropolitan and Investment Plans
Initiative for 11 regions in Kenya.
United Nations Human Settlements Programme
Regional Office for Africa
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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-style
municipal councils, UN-Habitat proposes to work with its partners in Kenya on local government reform. This
would include local governance, municipal management and finance, urban planning and service delivery, and
consolidation 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 Kenya
Slum 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 the
following:
• 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 of
improved 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 Lake
Victoria Water and Sanitation Initiative Phase II, which aims to ensure the effective delivery of capital
investment and long-term sustainability of proposed interventions in all sectors. The strategy involves the
establishment 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 improved
building 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 pilot
projects.
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 the
traditional 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 encourage
local governments to invest in planning at the city and municipal level in order to provide the platform for
comprehensive 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 support
and policy advice towards the urban planning component of the Kisumu Urban Project, a four-year urban
development project (2010–2014) funded by the French Agency for Development (AFD), for a total amount of
EUR 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 programme
is to strengthen civil society, the informal sector, and local authorities in housing provision. This programme
has two goals: improving local governance and strengthening the capacity and role of the informal and
community 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 Nairobi’s knowledge and
experiences in the area of planning and design of public spaces.
Potential partners are SIDA, AFD, Government of Finland, and JICA.
United Nations Human Settlements Programme
Regional Office for Africa
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1. Establishment of waste management systems (including waste valorization through recycling, public-private
partnerships, and dump sites). Joint Programme, possible partners: Development Trust Innovation Africa,
UNDP, UNEP.
Note: In Nairobi, under the Nairobi Metro Infrastructure Services Programme, the World Bank has issued
a RFP for Integrated Waste Management. A new UN-Habitat programme should therefore focus on other
towns and closely coordinate with the World Bank.
2. Enhancing county revenue collection and management through geographic information system-based tools
and other automated systems. Possible partners: UNCDF, UNDP.
3. Harmonization of the legal and institutional framework (including building codes and by-laws) governing the
urban and housing sectors in Kenya.
4. Enhancing urban planning capacities at local level: methods, policies and service providers, and
mainstreaming environment, climate change and public participation. Possible partners: local planning
institution.
ANNEX 1: PROJECT AND PROGRAMME PROPOSALS
FROM THE HABITAT COUNTRY PROGRAMME
DOCUMENT GOVERNMENT OF KENYA
CONSULTATION OF 14 NOVEMBER 2012
United Nations Human Settlements Programme
Regional Office for Africa
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ANNEX 2: ONGOING UN-HABITAT PROJECTS
AND ACTIVITIES IN KENYA, 2012
Total Value of Ongoing Portfolio: USD 11,573,288
No. Project Geographic
Coverage
Development
Partners
Key Achievements
1. Revitalizing
Public Spaces in
Nairobi, Kenya
Nairobi SIDA Cooperation
Agreement
2012–2016
Mojang
Cooperation
Agreement
2012–2016
• 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 the
Land Sector
Donor Group in
Kenya
National level SIDA • The Development Partners Group on Land has supported land
reform, including the National Land Policy Formulation and
the Implementation Framework for the Land Reform Support
Programme.
• UN-Habitat/GLTN has chaired the donor group since its inception
in 2003 and has coordinated policy dialogue among the donors
and strengthened their commitment to a pro-poor land policy.
• UN-Habitat/GLTN has also given technical assistance and
coordinated donor funding to the Ministry of Lands.
• GLTN is funding activities in Kenya, which are part of the
Ministry of Lands work plan, in accordance with the Common
Framework of Agreement between the Ministry of Lands and
donors.
• 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 three
years to assist harmonization and coordination in related land
reform initiatives with the Ministry of Lands.
• The Development Partners Group on Land is also working
with non-state actors – comprising various civil society and
private sector organizations – who are developing effective and
coordinated activities to engage in land reform and ensure the
participation of land-dependent communities in implementation
of the Truth, Justice, and Reconciliation process.
3. Mandera Town
Water Supply
and Sanitation
Project
Mandera
township
BASF-Germany • Cooperation Agreement signed between UN-Habitat and
RACIDA (the implementing partner) in August 2012
• Community mobilization, detailed project design, and
commencement of physical works by the implementing partner
(RACIDA)
4. Promoting
Sustainable
Transport
Solutions for
East African
Cities
Nairobi UNEP/GEF • A Project Management Unit was established at the Kenya Urban
Roads Authority (KURA), staffed by one engineer from KURA
and 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 local
workshops in each city and one regional workshop.
• A meeting was organized with JICA to follow up on the proposed
interventions 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 urban
design for non-motorized transport and bus rapid transport. So
far, the Aga Khan University has shown interest.
continued on page 28
United Nations Human Settlements Programme
Regional Office for Africa
28
5. Participatory
Slum Upgrading
Programme
(PSUP) Phase II
Mtwapa
township,
County Council
of Kilifi
European
Commission,
under its 10th
European
Development
Fund for ACP
Countries
• A stakeholder’s analysis carried out identified key stakeholders,
their roles, and their impact on the project.
• The preparation of the ISUDP entrenched a participatory
approach with the stakeholders; it was mentioned in five
stakeholders’ workshops that worked towards coming up with
the final outputs. Under the Participatory Slum Upgrading
Programme, consultations were held with the council and the
residents of the informal settlement for sensitization and data
updating/verification.
• The ministry consulted with the core line ministries and
government agencies in terms of their roles and the expectations
of the programme.
6. Promoting
Energy Efficiency
in Buildings in
East Africa
National level UNEP, GEF • Reception workshop held during the AMCHUD 4 meeting in
Nairobi, 2012
• Training workshop conducted in June 2012 in Kampala, involving
architects from Kenya, Uganda, Tanzania, Rwanda, and Burundi
7. Lake Victoria
Water and
Sanitation
Initiative Phase II
Kericho,
Keroka and
Isebania towns
African
Development
Bank (ADB)
Training and capacity building
8. Replenish
Africa Initiative
(RAIN) Water for
Schools Project
for Schools in
East Africa
Kisii, Kisumu,
and Rarieda
Counties
Coca Cola Africa
Foundation
• Cooperation Agreements between UN-Habitat and 20
beneficiary schools were signed. This formed the structure for the
disbursement of funds directly to the schools’ account to enable
the first instalment allocation to schools.
• Tendering for the construction of rainwater harvesting tanks and
ancillary facilities in 20 schools, completed
• Tendering work completed for the construction of 20 toilet
blocks
• Excavations of pit latrines completed
• 20 school health clubs formed and made operational
9. Support to
Kisumu Urban
Planning
Kisumu city Spanish Fund,
Booyung (Korea)
• Rapid Planning Studio conducted in February 2012
• Report on the studio completed
• Follow-up meeting with donors held
10. Mavoko
Sustainable
Neighbourhood
Programme
Mavoko and
Nairobi
UN-Habitat
funding
• Land allocated by the Government of Kenya
• Mavoko Development Advisory Committee established
• Social-economic mapping completed
11. Kibera Soweto
East Resource
Centre
Nairobi • The BASF
Social
Foundation
• In-kind
donors and
smaller
donors
– Cisco
Systems,
Orange
• Building completed and operational
• Supervisory Board and Management Committee
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ACRONYMS
ACP
AMCHUD
ADB
AFD
AWF
CDS
EC
FAO
GEF
GEF-Sustran
GLTN
IDP
IELRC
IFAD
ILO
ISOCARP
ISUDP
JICA
KURA
MP
NCC
NEMA
NGO
PSUP
RACIDA
RAIN
SIDA
UNCDF
UNDAF
UNDP
UNESCO
UN-Habitat
UNHCR
UNICEF
USAID
African, Caribbean, and Pacific
African Ministerial Conference on Housing and Urban Development
African 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 person
International 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 Agency
non-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 Programme
United Nations High Commissioner for Refugees
United Nations Children’s Fund
United States Agency for International Development
United Nations Human Settlements Programme
Regional Office for Africa
Regional Office for Africa
P.O. Box 30030, Nairobi, Kenya
unhabitat.org
Axumite Gebre-Egziabher
Director, Regional Office for Africa
axumite.gebre-egziabher@unhabitat.org
COUNTRY PROGRAMME DOCUMENT
2013–2015
KENYA

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