RP-Department of Construction and Real Estate Management

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    The Effectiveness of Land Use Administration and Governance on Controlling Urban Spatial Forms in Nairobi
    (Science Publishing Group, 2024-01) Mwangi, Mary Muthoni
    It is recognised that in developing human settlements, the use and tenure of land should be subject to public control, since land is limited in supply. The demand for housing by the middle-income group in Nairobi, as in many other cities of the global south, is of a significant size, and growing at an alarming rate. This article demonstrates that this group is not only an engine of economic growth, but also a driver for new urban spatial forms, including residential developments. However, housing developers for the middle income group, in pursuance of high investment returns, are not necessarily concerned about complying with planning laws and regulations; they have found ways to negotiate with land administration and governance to realise returns from their investments. This phenomenon of non-compliance with planning laws and regulations is an on-going issue of concern for sub-Sahara Africa cities; it creates informality in urban development in that the resulting developments have aspects which are perceived to be outside formal planning stipulations. This article investigates the effectiveness of land use administration and governance on controlling middle-income housing developments in Nairobi. Qualitative interviewing was aimed at understanding perceptions of the planning system by both planners and developers, and how and why their interests differ. It was of interest to this research to find out why non-compliance in land use planning is tolerated or ignored. The study argues that even though developers defy the planning system, their contribution to the production of habitable space is commendable because they bridge a large gap in urban housing provision – they play an important role and planners would do well to embrace this. Non-compliance in land use planning, and informalities in housing developments thereon, does not necessarily produce inappropriate housing for the residents. Resulting residential developments have a niche in the housing market and serve a housing need, affirming that local perceptions and realities are not in sync with formal planning requirements of the state.
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    Land Law Reform in Kenya: Devolution, Veto Players, and the Limits of an Institutional Fix
    (Oxford University Press, 2019-03) Boone, Catherine; Dyzenhaus, Alex; Manji, Ambreena; Gateri, Catherine W.; Ouma, Seth; Gargule, Achiba; Klopp, Jacqueline M.; Owino, James Kabugu
    Much of the promise of the good governance agenda in African countries since the 1990s rested on reforms aimed at ‘getting the institutions right’, sometimes by creating regulatory agencies that would be above the fray of partisan politics. Such ‘institutional fix’ strategies are often frustrated because the new institutions themselves are embedded in existing state structures and power relations. The article argues that implementing Kenya’s land law reforms in the 2012–2016 period illustrates this dynamic. In Kenya, democratic structures and the 2010 constitutional devolution of power to county governments created a complex institutional playing field, the contours of which shaped the course of reform. Diverse actors in both administrative and representative institutions of the state, at both the national and county levels, were empowered as ‘veto players’ whose consent and cooperation was required to realize the reform mandate. An analysis of land administration reform in eight Kenyan counties shows how veto players were able to slow or curtail the implementation of the new land laws. Theories of African politics that focus on informal power networks and state incapacity may miss the extent to which formal state structures and the actors empowered within them can shape the course of reform, either by thwarting the reformist thrust of new laws or by trying to harness their reformist potential.
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    Satisfaction of Residents with Gated Community Lifestyle: The Case of Nairobi County
    (BEST Journals, 2016) Muiga, J.G.; Rukwaro, R.W.
    The residents in gated communities (GC) in Nairobi, Kenya have been promised elusive life with high expectations of convenient lifestyle without knowing the high cost of maintenance of the shared facilities. The prospective buyers have remained ignorant of existence of any guidelines and policies that operate in the gated housing development. This has led to developers having an upper hand whenever disputes arise. This study investigates how the residents of gated community rate the level of satisfaction of GC lifestyle the existing challenges. The recent popularity and phenomenal growth of gated communities in Kenya raises interesting questions such as; what are the needs of residents that want to live in GC? Are these needs fulfilled and satisfied by this lifestyle? If so how is this being done? Again this paper looks at the challenges faced by residents here. In general this paper tends to look at the level of satisfaction among the current gated community residents in the social, physical and economic environment. During research data was collected from 8 GC using cross-sectional survey research method. The data on the level of residents’ satisfaction was based on the respondents’ perceptions and researchers’ observations. Up to 67% of the residents identified lack of clear guidelines of how the gated communities were managed as major challenge. Almost, 56%of homeowners and tenants complained about high service charges. 74% of the residents living in gated communities were satisfied with this type of housing development because of improved standard and quality of life and has enhanced security especially of children; it is vibrant, harmonious and inclusive in comparison to none-gated houses. Other reasons depicting satisfaction were; privacy, high sense of belonging to the place and proximity to social facilities. The study recommended mainstreaming of Homeowners Associations (HOAs) in the urban management structure and clear property conveyance contracts that defines the ownership rights of the shared facilities and amenities.