given rise to violent clashes between them impacting negatively on tourism in addition to posing serious threats to public safety and security (Government of Kenya, 2001). 4.5 Comparison Current manifestation of the Old laws solutions New laws solutions land question 1. Ineffective urban planning The manifestations have come The new dispensation will and administration, inter- about as a result of disregard for address key issues in land use communal conflicts, the efficient and sustainable planning like preparation of land environmental degradation, utilization and management of use at national, regional and and spread of slum land and land based resources. local levels on the basis of The land policy pins down the predetermined goals and developments and low levels of reason for this as the disconnect integrating rural and urban land utilization (idle land). between the plan preparatory development. To ensure authorities and implementing inclusivity in the whole process, agencies, lack of appropriate an appropriate framework for technical and institutional public participation in the capacity of local authorities, development of land use and inadequate human resource spatial plans shall be established. establishment in the ministry To hit the ground running on this responsible for physical issue of land use planning, the planning, absence of broad based Government shall:- consultation and the lack of an a) Amend the current Physical effective coordinating framework Planning Act (Cap 286) and for preparation and Local Government Act (Cap 265) implementation of the planning to take account of preparation of proposals and regulations. Lack land use plans at national, of a national land use framework regional and local levels as has made the situation worse. postulated above;
given rise to violent clashes between them impacting negatively on tourism in addition to posing serious threats to public safety and security (Government of Kenya, 2001). 4.5 Comparison Current manifestation of the land question Old laws solutions New laws solutions 1. Ineffective urban planning and administration, inter- communal conflicts, environmental degradation, and spread of slum developments and low levels of land utilization (idle land). The manifestations have come about as a result of disregard for the efficient and sustainable utilization and management of land and land based resources. The land policy pins down the reason for this as the disconnect between the plan preparatory authorities and implementing agencies, lack of appropriate technical and institutional capacity of local authorities, inadequate human resource establishment in the ministry responsible for physical planning, absence of broad based consultation and the lack of an effective coordinating framework for preparation and implementation of the planning proposals and regulations. Lack of a national land use framework has made the situation worse. The new dispensation will address key issues in land use planning like preparation of land use at national, regional and local levels on the basis of predetermined goals and integrating rural and urban development. To ensure inclusivity in the whole process, an appropriate framework for public participation in the development of land use and spatial plans shall be established. To hit the ground running on this issue of land use planning, the Government shall:- a) Amend the current Physical Planning Act (Cap 286) and Local Government Act (Cap 265) to take account of preparation of land use plans at national, regional and local levels as postulated above;