| dc.description.abstract | The increase in urbanization has seen the demand for land continue to rise. This has
resulted in a shift from the previous system of property ownership defined by area (2D
cadastre) to encompass the vertical aspect (3D Cadastre).The resultant densification
enhances the need to provide title certification to small units owned by individuals above
and below the surface.
This study set out to compare the influence of the Companies Act of 1978 and the
Sectional Properties Act of 1987 of the Laws of Kenya and their impacts on development
control in the Nairobi City Planning Zones 3, 4 and 5.
The objectives of the study were to examine the main drivers of the increased high rise
developments in a previously low density residential area. Reasons for the preference by
developers to either of the two Acts under scrutiny were also examined. The study also
sought to evaluate the infrastructural, social and environmental impacts following the
intensive vertical developments and to establish some of the factors affecting
implementation of the existing development planning regulations in the study.
The research methodology used included collection of data through interviews with
property owners, developers, property managers and key informants from county
government of Nairobi and office of the director of physical planning as well as literature
review from secondary sources. Data collected from property owners, developers and
property managers was analyzed using Statistical Package for Social Sciences (SPSS) and
that from key informants incorporated. It was then presented using frequency tables, pie
charts, bar graphs, photographs and computer graphics.
The study found out that following the enactment of the Sectional Properties Act (1987)
and the shift in zoning policy in planning zones 3, 4 and 5, there has been a dramatic
increase in densification and multiple storey high rise developments. The developments
were not matched with the necessary service infrastructure evidenced by frequent electric
power outages, water shortages, burst sewers, polluted water courses and increased crime
among others. Interviewed officers from the county government of Nairobi and office of
the director of physical planning concurred with the above findings concerning the mismatch between the increased developmental activities in the three zones and the
necessary service infrastructure.
The main drivers of the overload include poor enforcement machinery of the concerned
authorities, weak enforcement of legal and institutional frameworks, political
interference, corruption and lack of political will among others.
Recommendations to address such weaknesses include strengthening public and
community participation in planning, transparent allocation and use of public land,
environmental protection, formation of Residents‘ Associations to enhance community
policing and increased funding in service infrastructure sector among others. | en_US |
