A Feasibility Study On A Partnership Between The Department Of Lands And The Private Sector In The Development Of An Effective And Efficient Land Information Management System With Specific Reference To Land Records Management In Kenya

Abstract

Effective and efficient land information is the prerequisite for efficient management of land and related resources. In most developing countries the provision of land information and management of land information are still mandate of the public sector, mainly under government Ministries in charge of land resources. Over the years due to financial and other constraints,land information has deteriorated to the levels where efficiency of land resource management and related tasks have become impossible to peg on the existing land information. The problem is further compounded by the fact that most of most of the Developing countries operate manual systems which apart from being inefficient have been subject to manipulation by corrupt officials to suit their own unscrupulous intentions leading to allocation of public land to individual commonly known as “land grabbing” and other problems related to use and ownership. In Kenya there have been efforts by the Ministry of Lands and Housing to improve this situation ranging from staff retraining to attempts to computerize the system, all which yielded minimal or no positive results. The problems experienced in the efforts to improve L1MS have been faced with problems including financial and institutional constraints, lack of political goodwill and failure to involve all stakeholders in the design and implementation of these programmes. One of the biggest challenges in the development of an efficient and effective LIMS is accepting that the information needed for such a venture comes from a multiplicity of stakeholders. This underscores the importance of mobilizing key stakeholders especially the private sector and forming partnerships in the development of a LIMS that is not only effective and efficient but also sustainable. This will not only provide for collective solution to the problems identified but also encourages ownership of the outcome by participating fully. Participation of the private sector will also help in setting benchmarks. Public-private partnerships therefore become an' avenue through which the solutions to the problems of inefficient and ineffective LIMS can be sought and implemented so as to enhance sustainable management of land and related resources. The purpose of this study therefore is to find out the feasibility of Department of Lands and private sector partnership in developing a sustainable and efficient LIMS and to analyze the role to be played by different actors including the Government, the private sector and professional organizations. I his has be achieved by examining and critically looking into the management of land records and analyzing the failures of the Department of Lands in the Ministry of Lands and Housing in developing an effective and efficient LIMS. A further attempt to determine, the Department of Lands capacity for a partnership with the private sector in land record management and the sustainability of such a venture has also been looked into. Chapter one covers the general introduction to the research topic highlighting among other things introduction to the research topic, problem statement, research hypotheses, and justification of the study and scope and research methodology adopted in collection and analysis of the data. Chapter two reviews the theoretical framework on land information systems in Kenya and public- private partnership. The chapter closes with analysis of land records management. Chapter three gives a brief description of the Ministry of Lands, the Department of Lands and narrows down to land records section and thereafter comprehensively discusses the methods adopted to collect information used in the next chapter from the field. Chapter four presents the analysis of the data collected in the previous chapter basically categorized as problems of land records management in the Lands Department, the sustainability of public-private partnerships and the roles of different actors to the partnership. Chapter five gives the summary of findings, conclusions and recommendations of the study.