CHAPTER THREE

LEGAL, POLICY AND INSTITUTIONAL CONTEXT

3.1 Overview of Legal, Policy and Institutional Framework
This chapter introduces and analyses the legal, policy and institutional
framework that guides the development of Thunguma Informal Settlement. It
also explains the legal context under which the plan has been prepared.
Provisions under the Kenyan Constitution (2010); Physical Planning Act (Cap
286); County Government Act of 2012); Urban Areas and Cities Act of 2011 and
other legislations guided the preparation of this plan.

3.1.1 The Constitution of Kenya

The Constitution is the supreme law in Kenya which guarantees fundamental
rights and freedoms for the citizens. The constitution sets out principles that
govern land ownership, use and management; it requires for legislations
relating to agriculture, forestry and wildlife conservation sector to be
consolidated and rationalized within certain timelines. This plan has ensured
the realization of the constitution using the following relevant provisions;
Chapter 4
Article 43 (1) regarding economic and social rights which include the
right to clean and healthy environment, adequate and decent housing
and to reasonable standards of sanitation, right to education.
Article 42 (1) states that every person has a right to a clean and healthy
environment.
Chapter 5
Article 60 (1) states that Land in Kenya shall be held, used and managed
in a manner that is equitable, efficient, productive and sustainable, and
in accordance with the land policy principles.
Article 66 (1) gives the state the power to regulate the use of any land or
any interest in or right over any land in the interest of defence, public
safety, public order, public morality, public health or land use planning.
Article 67 (1) provides for the establishment of the National Land
Commission. Article 67(2) States the functions of this commission.
Article 69 provides for the management and protection of the
environment. Thus, Thunguma Local Physical Development Plan will be
fully anchored within the confines of the Constitution.
Chapter 11
Article175 (1) states the principles of devolved government, that is the
principles that the County Government should reflect.
Article187 (1) provides for the transfer of function between the two levels
of government in the cases where the function would be more effectively
performed or where the transfer is not prohibited by the legislation.
Chapter 12
Article 202 (1) states that revenue shall be shared equitably among the
National and County Governments. It also states that the County
Governments may be given additional allocations from the National
Government.
Article 203(1) further provides the criteria to be used in determining the
equitable shares provided for under Article 202 concerning County
Governments.

3.1.2 Physical Planning Act of 1996, Cap 286

The Physical Planning Act Cap 286, 1996 (revised in 2010) provides the main
legal framework which guides the preparation, content, approval and
implementation of short-term and long-term plans. Planning for informal
settlements and preparation of the Local Physical Development Plan is within
the framework of Physical Planning Act i.e. the act is the base of physical
planning and development control.
Local Physical Development Plan: Government land, trust land, or private
land within the area of authority of a city, municipal, town, or urban council or
with reference to any trading or marketing center, are included in a local
physical development plan. A local physical development plan may be a long-
term or short-term physical development or for a renewal or redevelopment.
It provides for matters to be dealt with in a regional development plan which
include:-
Population growth, projection, distribution and movement.
Land potential including distribution of agricultural land potential, their
values, population and land imbalance and other natural resource
endowment.
Employment, income, characteristics of employment, income
distribution, the labour force and potential of the informal sector.
Human settlements including distribution of existing services, growth
and pattern of urbanization, cause of primary and rural urban migration.

The Part V on Control of Development shows the powers of local authorities in

development permission including application and approval of development.
Permission will be required for the following four cases of land development:
i) Change of use: change in the use of land.
ii) Extension of use: adding other use to the land (20% of the total land).
iii) Amalgamation: combination of the plot or use of land.
iv) Subdivision: separating the use of the land.

Building construction control is also based on the Physical Planning Act but
execution of building construction permit is done mainly based on the Building
Code.
The Physical Planning Act section 48 states the preparation and approval
process of local physical development plan. The Physical Planning Act is
therefore a set of gazetted rules and regulations that guide the standardization
of physical planning process and practice.

3.1.3 The County Government Act of 2012 and National Government

Coordination Act of 2013
The County Government Act of 2012 and National Government Coordination
Act of 2013 define the role and function of the county government and
coordinating function of the national government respectively.
The County Government Act 2012, in fulfillment of constitutional requirement
to legislate preparation of county plans, details the goals and procedures of
County Planning (Part XI of the Act). County planners are required to prepare
5-year integrated development plans and the annual budgets to implement
them. Under Article 100(h) of the Act, county planning is expected to provide a
platform for unifying planning, budgeting, financing programmes,
implementation, and performance review. A county planning unit shall be
responsible for coordinated integrated development planning. County plans
will have the goal of promoting harmony with national and other county plans,
land-use plans, urban planning and environmental conservation.
The County Government Act, 2012, section 104 (1), states that, a county
government shall plan for the county and no public funds shall be
appropriated without a planning framework developed by the county executive
committee and approved by the county assembly. It also states that the
county planning framework shall integrate economic, physical, social,
environmental and spatial planning. In addition to an integrated development
plan, each county is expected to have the following:
i. A County Sectoral Plan;
ii. A County Spatial Plan; and
iii. A City and Urban Areas Plan.
These county plans (section 107(2)) shall be the basis for all the budgeting and
planning in a county. It is therefore expected that the County Government of
Nyeri will continue to conduct their mandate under this Act to effectively
achieve The Informal Settlement Upgrading Programmes objectives after the
plan is complete for implementation.
Implementation of zoning, development control regulations and building by-
laws will ensure prevention of further growth of slums and informal
settlements within the cities/towns.

3.1.4 Urban Areas and Cities Act of 2011

The purpose of this Act is as follows:
An Act of the Parliament to give effect to Article 184 of the Constitution; to
provide for the, classification, governance and management of urban areas and
cities; to provide for the criteria of establishing urban areas, to provide for the
principle of governance and participation of residents and for connected
purposes.
In simple terms, county governments shall initiate an urban planning process
for every settlement with a population of at least two thousand residents. Since
a city or urban area shall prepare an integrated city or urban area development
plan, it is important to integrate LPDP with overall plan of the city/town/urban
area.

3.1.5 The Land Act No 6 of 2012

The Land Act No 6 of 2012 provides for equitable access to land, security of
land rights, sustainable and productive management of land resource,
transparent and cost effective administration of land, conservation and
protection of ecologically sensitive areas, elimination of gender discrimination
in law, customs and practices related to land and property in land.
It ensures equal opportunities to members of all ethnic groups, non-
discrimination and protection of the marginalized and democracy,
inclusiveness and participation of the people and alternative dispute resolution
mechanisms in land dispute handling and management. It gives the National
Land Commission the responsibility to maintain public land that has
endangered or endemic species of flora and fauna, critical habitats or protected
areas. It provides procedures for allocating public land, and gives the
Commission the power to reserve land for one or more purposes in the public
interest.

3.1.6 The Land Registration Act No.3 of 2012

The Land Registration Act 2012 will revise, consolidate and rationalize the
registration of titles to land, to give effect to the principles and objects of
devolved government in land registration. One of the advantages of the Land
Registration Act 2012 is that it will facilitate security of tenure to the residents
of the informal settlement through regularization of land tenure and ownership
in the informal settlement. This is supported by this legislation under Section
25 where it states that the registration of a person as the proprietor of land
shall vest in that person the absolute ownership of that land together with all
rights and privileges belonging to that land. Under Section 10, the Act also
provides that the Land Registrar to make the land register access to the public
by electronic or any other means as the Chief Land Registrar may reasonably
prescribe.

3.1.7 Environmental Management and coordination Act (EMCA) of 1999

The Environmental Management Coordination Act (EMCA) of 1999 provides for
the establishment of an appropriate legal and institutional framework for the
management of the environment; it is the umbrella legislation governing the
management of natural resources in the country. Under section 9(2) (c) and (d),
NEMA, in consultation with lead agencies, is tasked with the function of
establishing and reviewing land use guidelines and examining land use
patterns to determine their impact on the quality and quantity of natural
resources.
The general principles of the act are that every person in Kenya is entitled to a
clean and healthy environment and has the duty to safeguard and enhance the
environment. The entitlement to a clean and healthy environment includes
access by any person in Kenya to various public elements or segments of the
environment for recreational, educational, health, spiritual and cultural
purposes.
The Act opens the way for substantial public involvement in any major
development decisions, which have an environmental bearing. The public shall
have recourse to law and shall be listened to. Land use change, shall only be
undertaken after Environmental Impact Assessment (EIA) by an independent
body. The Act has also made provisions for addressing the environmental
offences including the establishment of a tribunal to deal with such offences
and the due process.
Going by EMCA requirement for investments to comply with sectoral laws, the
Environment and Social Management Framework (ESMF) requires that all The
Informal Settlement Upgrading Programmes projects be subjected to EIA
Studies.

3.1.8 The National Land Commission Act of 2012

This act makes provision as to the functions and power of the National Land
Commission (NLC), qualification and procedures for appointments to the
Commission, and gives effect to the objects and principles of devolved
government in land management and administration,. The objective and
purpose of this act is to provide:
 i) For the management and administration of land in accordance with the
principles of land policy set out in Article 60 of the Constitution and the
national land policy;
ii) For the operations, powers, responsibilities and additional functions of
the Commission pursuant to Article 67 (3) of the Constitution;
iii) A legal framework for the identification and appointment of the
chairperson, members, and secretary of the Commission pursuant to
Article 250 (2) and (12) (a) of the Constitution; and
iv) For a linkage between the Commission, county governments, and other
institutions dealing with land and land related resources.
The functions of National Land Commission Act, 2012, Land Act, 2012 and the
Land Registration Act, 2012 can be grouped into four main fundamental areas:
i) The administration and management of land,
ii) Ensuring that all unregistered land is registered,
iii) Historical land injustices are attended to, and
iv) Review all grants or dispositions (titles, leases, deeds, transfers) of public
land to ensure their propriety or legality.
The foregoing Acts provide the grounds for a robust legal framework for gender
equitable land rights as augmented by the Constitution. There is need for the
NLC in partnership with other stakeholders particularly government legislative
bodies to work together in improving the legal framework governing land with
the primary goal of facilitating land reforms and improving land tenure security
especially for those living in informal settlements; rural poor and marginalized
communities.

3.1.9 The Survey Act Cap 299

This Act of the Parliament is to make provision in relation to surveys and
geographical names and the licensing of the land surveyors and for connected
purposes. This Act establishes the Land Surveyors Board which provides
directions for surveys of land to be conducted as given below:
Any survey of land for the purposes of any written law for the time being in
force relating to the registration of transitions in or of the title to land (other
than the first registration of the title to any land mad in accordance with the
provisions of the Land Consolidation Act (Cap 283) or the Land Adjudications
Act (Cap 284) shall be carried out under and in accordance with direction of
the Director.
This Act also has guidelines for aerial surveys for mapping purposes or other
similar purposes include notice of carrying out such survey, submission of
photographs for the inspections, etc.
3.1.10 Public Health Act (Cap 242) of 1967
Health and hygiene are particularly important where communities congregate
for a shared resource such as water. Section 116 requires Local Authorities
(now County Government) to take all lawful, necessary and reasonably
practicable measures to maintain their jurisdiction clean and sanitary to
prevent occurrence of nuisance or condition liable for injurious or dangerous to
human health. Part IX Section 115 of the Act states that no person/institution
shall cause nuisance or condition liable to be injurious or dangerous to human
health. Such nuisance or conditions are defined under Section 118. Any
noxious matter or waste water flowing or discharged from any premises into a
public street or into the gutter or side channel or water house, irrigation
channel or bed not approved for discharge is also deemed as a nuisance.
It further states that the duty of every health authority is to take all lawful,
necessary and reasonably practicable measures for preventing the occurrence
or dealing with any outbreak or prevalence of any infectious, communicable or
preventable disease, to safeguard and promote the public health and to
exercise the powers and perform the duties in respect of the public health
conferred or imposed on it by this Act or by any other law.
Hence Public Health Act provides for the enforcement of the plan with
habitable buildings, proper sanitation through provision of high quality of
water and proper solid and liquid waste management.

3.1.11 Agriculture, Fisheries and Food Authority Act No. 13 of 2013

It provides for promotion of best practices in, and regulate, the production,
processing, marketing, grading, storage, collection, transportation and
warehousing of agricultural and aquatic products excluding livestock products
as may be provided for under the Crops Act, and the Fisheries Act.
It is responsible for determining the research priorities in agriculture and
aquaculture. It advises the national and County Governments on agricultural
and aquatic levies for purposes of planning, enhancing harmony and equity in
the sector.
It also provides for the maintenance of a database on agricultural and aquatic
products excluding livestock products, documents and monitor agriculture
through registration of players as provided for in the Crops Act and the
Fisheries Act.

3.1.12 The Lakes and Rivers Act, Chapter 409

This Act provides for protection of river, lakes and associated flora and fauna.
The provisions of this Act may be applied in the management of the project.
3.2 Policy Framework
Policies are "Statements of Intent" or "Commitment that typically describe a
principle or rule formulated and enforced by a governing body to achieve set
goals. This section outlines the policies that determine the confines under
which the Thunguma Local Physical Development Plan (LPDP) is prepared.

3.2.1 Kenya Vision 2030

Kenya Vision 2030 is a long-term development blueprint for the country to
create a globally competitive and prosperous country with a high quality of life
by 2030. It aims at transforming Kenya into a newly-industrializing, middle
income country providing a high quality of life to all its citizens in a clean and
secure environment. The economic, social and political pillars of Kenya Vision
2030 are anchored on macroeconomic stability; continuity in governance
reforms; enhanced equity and wealth creation of opportunities for the poor;
infrastructure; energy; science, technology and innovation; land reform;
housing and urbanization; human resources development; security; and public
sector reforms.
The 2030 vision for housing and urbanization is to provide countrys
population with an adequately and decently-housing in a sustainable
environment. Improvement in the quality of life of all Kenyans is the supreme
goal of Vision 2030, thus it is relevant to the upgrading of informal settlements.
This will be achieved by bringing basic infrastructure services such as roads,
street lights, water and sanitation facilities, storm water drains, footpaths, and
others social services to informal settlements. The Informal Settlement
Upgrading Programme through planning and surveying is not only
strengthening tenure security in informal settlements, but is also permitting
construction of permanent houses, and attracting private investment. Thus, it
is contributing towards achievement of Kenya Vision 2030.

3.2.2 National Spatial Plan, 2015-2045

National Spatial Plan marks a significant milestone in our countrys
development agenda. The Plan details the national spatial vision that will guide
the long term spatial development of the country for a period of 30 years. It
covers the entire territory of Kenya and defines the general trend and direction
of spatial development for the country.

It aims at achieving an organized, integrated, sustainable and balanced

development of the country, hence informing the future use and distribution of
activities by providing a framework for better national organization and
linkages between different activities within the national space.
The National Spatial Plan provides a framework for the efficient, productive and
sustainable use of land as advocated for in both the Constitution and the
National Land Policy. Further, it provides strategies and policies to facilitate
sustainable exploitation of the huge potentials the country possesses for
agriculture, tourism, energy, water, fishing and forestry. It is expected to
reduce regional inequalities that have existed by ensuring that these regions
are no longer perceived as low potential but as differently endowed.

Preparation of Thunguma LPDP is in line with the provisions and strategies of

this plan since it serves as a guide for development planning by the counties as
they discharge their responsibility of preparing county and local plans,
especially now when devolution is taking shape.

3.2.3 Sustainable Development Goals (SDGs)

In September 2015, the UN Sustainable Development Summit was held in New
York to formally adopt an ambitious new sustainable development agenda by
national governments to promote shared prosperity and well-being for all over
the next 15 years. The SDGs build on the work of the Millennium Development
Goals (MDGs) that were emphasized from 2000 to 2015. The new SDGs are
unique in that they are broader in their scope of eradicating all forms of
poverty by calling for action by all countries, rich and poor, to promote
prosperity while protecting the planet. Over 193 world leaders attended the
summit and committed to 17 Sustainable Development Goals. These goals
include:

1. End poverty in all its forms everywhere;

2. End hunger, achieve food security and improved nutrition and promote
sustainable agriculture;
3. Ensure healthy lives and promote well-being for all at all ages.
4. Ensure inclusive and quality education for all and promote lifelong learning.
5. Achieve gender equality and empower all women and girls;
6. Ensure access to water and sanitation for all;
7. Ensure access to affordable, reliable, sustainable and modern energy for all;
8. Promote inclusive and sustainable economic growth, employment and decent
work for all;
9. Build resilient infrastructure, promote sustainable industrialization and foster
innovation;
10. Reduce inequality within and among countries;
 11. Make cities inclusive, safe, resilient and sustainable;
12. Ensure sustainable consumption and production patterns;
13. Take urgent action to combat climate change and its impacts;
14. Conserve and sustainably use the oceans, seas and marine resources;
15. Sustainably manage forests, combat desertification, halt and reverse land
degradation, halt biodiversity loss;
16. Promote just, peaceful and inclusive societies; and
17. Revitalize the global partnership for sustainable development.

By accepting these goals, it is the duty of the County Government of Nyeri to

address the planning problems it faces in Thunguma Informal Settlement.
Thus the Thunguma LPDP is prepared with due conformity and adherence to
the Sustainable Development Goals.

3.2.4 Nyeri County Integrated Development Plan

The Constitution of Kenya 2010 and the Kenya Vision 2030 and its Medium
Term Plans provide the foundation for the preparation of the first County
Integrated Development Plans (CIDPs) for all the 47 counties in the Republic of
Kenya. The purpose of the CIDPs is to provide comprehensive baseline
information on infrastructural and socio-economic characteristics of the
county. CIDP will be the basis of spending and budgeting in the county and will
be used in allocation of scarce resources to priority projects and programmes.

Chapter three of this CIDP provides the spatial planning policy framework
within the county. It also provides emerging spatial development challenges
and opportunities in the county. Spatial Development Framework (SDF) is a
schematic plan that indicates the broad spatial intentions of the county.
The framework provides a wider perspective of spatial development challenges
and interventions. This informs the formulation of development proposals both
in formal and informal settlements that indicate future desirable patterns of
land use. The Spatial Development Framework is intended to provide an
outline for public and private sector investment as well resource utilization.

3.2.5 The National Slum Upgrading and Prevention Policy (NSUPP) 2013
The NSUPP is being undertaken by Government through the Ministry of
Housing within a number of policy and legal frameworks. These include the
National Housing Policy 2004, the National Land Policy 2009, the Constitution
of Kenya 2010, the Draft National Urban Development Policy (NUDP) and
Kenyan Vision 2030.
The Constitution of Kenya 2010 under Article 43 guarantees the right to
accessible and adequate housing. Article 21 requires the Government to take
appropriate policy and legislative measures including the setting of standards
to ensure that the right is achieved. By developing the NSUPP the Government
is discharging its mandated constitutional obligation.
The National Land Policy Sessional No.3 of 2009 is also quite explicit on the
need for a slum upgrading Policy. It recommends the development of a Slum
and Resettlement Programme and the need to put in place measures to prevent
further slum development.
From the International and regional perspective Kenya is signatory to a number
of declarations and treaties that recognize the right to adequate housing whose
realization cannot be attained without addressing the issue of slums. Some of
these treaties include Universal Declaration on Human Rights (UDHR), the
International Covenant on Economic, Social and Cultural Rights (ICESCR),
Convention on the Rights of the Child (CRC) and the African Charter on
Human and Peoples Rights (ACHPR), the Vancouver Declaration on Human
Settlement, the Global Strategy for Shelter to the Year 2000, Agenda 21
chapter 7 and Millennium Development Goals. The Policy is therefore anchored
on factual and legal basis.
The policy focuses on seven thematic areas, including, Legal Framework,
Governance and Institutional; Infrastructure and Services; Housing and
Shelter; Planning, Development Control and Environment; Land Tenure and
Administration; Socio Economic Factors; Safety and Security.
The policy acknowledges the importance of allocating adequate budgetary
allocation for all programs relating to slum upgrading and prevention;
developing clear frameworks for the participation of all stakeholders including
the vulnerable groups in all stages of slum upgrading and prevention processes
and strengthening the capacity of urban community groups to enable their
participation in upgrading processes.

3.2.6 National Land Policy

The National Land Policy was established under Sessional Paper No. 3 of 2009,
adopted in August 2009. It provides an overall framework and defines the key
measures required to address the critical issues of land administration, access
to land, land use planning, restitution of historical injustices, environmental
degradation, conflicts, unplanned proliferation of informal urban settlements,
outdated legal framework, institutional framework and information
management. It also addresses constitutional issues, such as compulsory
acquisition and development control as well as tenure.
It recognizes the need for security of tenure for all Kenyans (all socio-economic
groups, women, pastoral communities, informal settlement residents and other
marginalized groups). Under section 3.6 Land Issues Requiring Special
Intervention, it highlights several land related issues that deserve special
attention including states Land rights in informal settlements and for informal
activities. It further states that
The essence of informal or spontaneous or squatter settlements is the
absence of security of tenure and planning. Many Kenyans live as squatters, in
slums and other squalid places. Squatters and informal settlements therefore
present a challenge for land planning and development.

This will minimize the number of citizens living in shelters that are below the
habitable living conditions. It will also curtail the mushrooming of slums and
informal settlements especially in the major towns.
With regard to informal settlement, the policy recognizes that it is a key feature
in the countrys economy and hence it directs that the government to;
take an inventory of genuine squatters and people who live in informal
settlements;
determine whether land occupied by squatters is suitable for human
settlement;
facilitate the registration of squatter settlements found on public and
community land for purposes of upgrading or development;
establish a legal framework and procedures for transferring unutilized
land and land belonging to absentee land owners to squatters and people
living in informal settlements;
develop, in consultation with affected communities, a slum upgrading
and resettlement programme under specified flexible tenure systems;

The Informal Settlement Upgrading Programme is addressing the above

mentioned requirements and is meeting the overall aims of the National Land
Policy. One of the key components of the Programme is transforming informal
settlements from settlements with insecure land tenure and poor living
conditions into regularized settlements through land tenure regularization.
Through planning and surveying of the informal settlement, the policy is able
to archive tenure security in terms of providing legal backing to land tenure
system in the informal settlement by proper maintenance of records of land
rights.

3.2.7 Draft National Urban Development Policy of 2012

The draft National Urban Development Policy is the basic policy of urban
development in Kenya, which provides a framework under which cities, towns,
and metropolitan regions will play a critical role in national socio-economic
development. Its vision is to have secure, well governed, competitive and
sustainable urban areas and cities that contribute to the realization of the
broader national development goals articulated in the Constitution of Kenya
2010 and Vision 2030.
The policy aims at strengthening development planning, urban governance and
management, promote urban investment, and delivery of social and physical
infrastructure in urban area under a devolved system of governance.
It seeks to promote the global competitiveness of urban areas through the
promotion of Local Economic Development (LED) of human, technical and
natural resources. This will be achieved through the promotion of local
physical and economic planning as well the creation of a framework for the
promotion of LED and public private partnerships in urban development. The
policy also seeks to promote agglomeration through development of new
specialized urban areas and cities.
The Informal Settlement Upgrading Programme through its component of
planning and surveying of informal settlements is laying of basis for investment
in infrastructure services in the informal settlement as tenure security will not
only benefit settlers with enhanced tenure security but will also increase land
prices, will allow residents to improve their houses and in-turn increase rental
rates and make settlement eligible for improved infrastructure.

3.2.8 The Integrated National Transport Policy of 2009

This policy is relevant in that it identified the interdependences and the
missing links in Thunguma Informal Settlement towards attaining an effective
transport system both within the county and its neighbouring towns. The plan
provides for local, regional and national of Thunguma Village to attain its vision
as well as efficient movement of the locals and the foreigners. The plan also
looks into the objective of the policy which aims at developing an integrated,
balanced and environmentally sound urban transport system that is efficient.

3.2.9 Physical Planning Handbook

Development control is an important aspect of Land-use Planning as it ensures
that Physical Development Plans are implemented as stipulated in the
handbook and Physical Planning Act, CAP 286 of 1996. The Physical Planning
Handbook gives general guidelines as to the standards to be followed when
developing various Land Uses. It is a tool used by the county governments in
carrying out development control and in the preparation of Physical
Development Plans.
It covers the legislative and institutional context of planning, regional planning,
urban planning and development control. It is a handbook to assist
practitioners in urban and regional planning to observe and apply the relevant
standards and guidelines in the process of preparing physical development
plans and submission of applications for development permission.
For this project to succeed, stringent development control measures have to be
put in place by the County Government. The handbook helps to ensure that
strong controls are exercised so to secure proper use of land and ensure that
planning objectives are achieved.

3.2.10 Building Code

The Kenya Standards Building Code (2009) covers all aspects of construction
and on-site planning. The Building Code gives guidelines on Development of
Buildings for various uses including Industrial, Commercial, and Residential. It
controls the accesses, building height, the provision of open areas and other
issues pertinent to development of sustainable living environments.
Volume 1 consists of definitions and procedures with examples of forms etc.
Volume 2 covers physical planning, siting and site preparations. This includes
matters such as applications for planning permission, subdivisions,
enforcement notices, access to plots, boundary walls, road widths and
standards, car parking requirements, space around domestic buildings, use of
buildings for dangerous trade, access for persons with disabilities, lighting and
ventilation, storey height, window sizes, firefighting and swimming pools.
Separate sections cover advertisements, demolitions works, site preparations
and site operations. Volume 3 covers structure and materials, Volume 4 covers
building services such as water, drainage etc., and Volume 5 covers safety,
disaster risk, management and maintenance.
In addition to deemed-to-satisfy specifications, the Code also has science based
definitions, thus allowing innovation. It also covers the needs of the poor, for
example in terms of the minimum room size (7sqm), wall thickness (150mm)
and sanitation arrangements (pit latrines).

3.3 Institutional Framework

There are many institutions/partners playing important role in execution of this
project. Each institution has a specific role to play depending on their capacities.
Following sections presents the role of key actors in the execution of The Informal
Settlement Upgrading Programme.

3.1.1 The County Government of Nyeri

As per Chapter Eleven of the Constitution, the County Governments, headed by
Governors, are entrusted with powers, functions and responsibilities to deliver
services provided for in the County Governments Act, 2012. The County
Government of Nyeri will be involved in the funding, implementation,
monitoring and the maintenance of the proposed Thunguma LPDP.

3.1.2 Ministry of Lands and Physical Planning and Ministry of Transport,

Infrastructure, Housing and Urban Development
The Ministry of Lands and Physical Planning and Ministry of Transport,
Infrastructure, Housing and Urban Development are responsible for providing
policy direction and coordinating all matters related to lands, housing and
urban development. Ministry of Lands and Physical Planning mission is to
facilitate improvement of livelihood of Kenyans through efficient
administration, equitable access, secure tenure and sustainable management
of the land resource. It will be involved in the approvals of plan proposals made
in the project with an objective of improving living conditions in the Thunguma
Informal Settlement, Nyeri County.

3.1.3 National Land Commission

Article 67(1) of the Constitution 2010 establishes National Land Commission.
One of its major functions in Article 67(2) (h) is to monitor and have oversight
responsibilities over land-use planning throughout the country.
The National Land Commission is mandated with the management all public
land within the national and the County of Nyeri.

NLC, therefore, has powers to make regulations with respect to squatters;

To establish appropriate mechanisms for their removal from unsuitable
land and settlement;
To facilitate negotiation between private owners and squatters in cases of
squatter settlements found on private land;
To transfer unutilized land and land belonging to absentee land owners
to squatters; and
To facilitate the regularization of existing squatter settlements found on
public and community land for purposes of upgrading or development.

3.1.4 Settlement Executive Committees (SEC)

The settlement has a local administration which is composed of elected
members of the settlements known as Settlement Executive Committee
members (SEC). The leadership composes of a chairman, a vice chairman a
secretary and members. The elected leaders have the most important role
within the administrative and leadership structure. This is because they are in
contact with the community which enables them to have great influence and
ability to ensure the implementation of County Government project. Their
functions include but are not limited to the following:
Allocation of land parcels to landless members of the community within
the settlement;
Solving of land related disputes within the settlement;
Implementation of the county government projects within the settlement
such as land surrender for building of roads or any public utility;
Protection of the rights of the squatters within the settlement;
Acting as witnesses during transactions involving purchase of land; and
Carrying out succession of land from deceased owners to their siblings or
close relatives.

3.1.5 Office of the Ward Administrator

Section 51 (1) of the County Governments Act, 2012 establishes that for each
Ward in a County there is established office of the Ward administrator. The
Ward administrator is responsible to the Sub County Administrator for the
coordination, management, supervision and general administrative functions in
the Ward unit; Developing policies and Plans; Ensuring effective Service
delivery; Establishing, implementing, and monitoring performance
management systems; Coordinating developmental activities to empower the
community; Facilitating and coordinating citizen participation in the
development of policies and delivery of services; Exercising any functions and
powers delegated by the County Executive Committee Member in charge of
Public Administration, Information and Communication or any other Authority.

3.4 Terms of Reference