This archive report was first published on 13 September 2019.
The Physical and Land Use Planning Act, 2019, came into effect on August 5, 2019, mandating developers to start construction within three years of receiving approval from the county government.
According to the Act, failure to complete a building within five years will result in a fine not exceeding five hundred thousand shillings or imprisonment for a term not exceeding two months, or both.
Land Cabinet Secretary Farida Karoney explained that the law aims to give effect to the Constitution by devolving land planning to counties, while the national government provides oversight.
The law also provides for grassroots dispute resolution mechanisms, requiring applicants to first go to a county physical and land use liaison committee before approaching the Environment and Land Court.
Additionally, the law has created a new institution, the Director General of Physical and Land Use Planning, and the office of the county Director of Physical Planning.
Experts have raised concerns about the introduction of a new development levy, which may drive up the cost of construction, and the requirement that developments must be completed within five years, which may not be applicable in all cases.
David Gatimu, an official of the Town and County Planners Association of Kenya, noted that while the law will improve land use and planning, there are some grey areas that need to be polished.
