The Kenya Physical and Land Use Planning Act, enacted in 2019, is a comprehensive legislation that aims to establish a robust and effective system for physical and land use planning in Kenya. The Act seeks to promote sustainable land use, orderly development, and the efficient utilization of land resources, while considering environmental and socio-economic factors. The primary objectives of the Act are: 1. To provide a framework for the preparation and implementation of physical and land use development plans at national, county, and local levels. 2. To regulate the use and development of land, including the subdivision, amalgamation, and change of use of land parcels. 3. To promote sustainable land management practices and the conservation of the environment. 4. To facilitate the coordination and integration of development projects and infrastructure across different sectors and levels of government. 5. To establish institutions and mechanisms for effective land use planning and enforcement. The Act outlines the principles and procedures for the preparation, approval, and implementation of various types of development plans, including national, regional, county, and local physical and land use development plans. These plans are meant to guide and regulate land use, development, and infrastructure provision in line with the country's development goals and environmental considerations. Under the Act, the National Physical and Land Use Planning Consultative Forum is established to coordinate and harmonize physical and land use planning activities at the national level. The Forum is responsible for formulating policies, guidelines, and standards for land use planning, as well as facilitating the integration of sectoral plans and strategies. The Act also establishes County Physical and Land Use Planning Consultative Forums to oversee and coordinate planning activities at the county level. These forums are tasked with preparing and implementing county physical and land use development plans, ensuring alignment with national policies and strategies. Furthermore, the Act introduces provisions for the regulation and control of land use, including requirements for obtaining development permissions, change of use permits, and subdivision or amalgamation approvals. It also outlines the procedures for enforcing compliance with land use regulations and addressing violations. The Act emphasizes the importance of public participation and stakeholder engagement in the land use planning process. It requires the relevant authorities to conduct public consultations and consider the views and concerns of local communities, civil society organizations, and other stakeholders when preparing and implementing development plans. Additionally, the Act addresses environmental considerations by requiring the integration of environmental impact assessments and sustainability principles into the land use planning process. It also provides for the protection of sensitive ecosystems, cultural heritage sites, and other areas of environmental or cultural significance. Overall, the Kenya Physical and Land Use Planning Act 2019 represents a comprehensive effort to establish a coherent and effective land use planning system in Kenya, promoting sustainable development, environmental protection, and the efficient utilization of land resources.
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