Physical and Land Use Planning Act

Section 1. Short title Section This Act may be cited as the Physical and Land Use Planning Act.

Section 2. Interpretation Section with respect to national government planning functions means the Cabinet Secretary; and

Section 3. Objects of the Act Section the principles, procedures and standards for the preparation and implementation of physical and land use development plans at the national, county, urban, rural and cities level;

Section 4. Values and principles Section the national values and principles set out in Articles 10 and 232 of the Constitution;

Section 5. Principles and norms of physical and land use planning Section physical and land use planning shall promote sustainable use of land and liveable communities which integrates human needs in any locality;

Section 6. National Physical and Land Use Planning Consultative Forum Section 6(1) There is established the National Physical and Land Use Planning Consultative Forum. Section 6(2)(a) the Cabinet Secretary for the time being responsible for matters related to physical and land use planning, who shall be the Chairperson and shall provide the secretariat; Section 6(2)(b) the Director-General of Physical and Land Use Planning; Section 6(2)(c) three governors appointed by the Council of Governors or their respective designated representatives; Section 6(2)(d) the Chairperson of the National Land Commission or a designated member of the Commission; Section 6(2)(e) the Cabinet Secretary for the time being responsible for matters related to economic planning or a designated principal secretary; Section 6(2)(f) the Cabinet Secretary for the time being responsible for matters related to the environment or a designated principal secretary; Section 6(2)(g) the Cabinet Secretary for the time being responsible for matters related to roads and infrastructure or a designated principal secretary; Section 6(2)(h) the Cabinet secretary for the time being responsible for matters related to social and...

Section 7. Functions of the National Physical and Land Use Planning Consultative Forum Section provide a forum for consultation on the national physical and land use development plan;

Section 8. National Physical and Land Use Planning Consultative Forum Meetings Section 8(1) The National Physical and Land Use Planning Consultative Forum shall meet at least four times in a year. Section 8(2) Subject to this Act, the National Physical and Land Use Planning Consultative Forum may regulate its procedure. Section 8(3) The National Physical and Land Use Planning Consultative Forum may establish committees for the effective performance of its functions.

Section 9. Functions of the National Land Commission Section monitor and oversee land use planning throughout the country;

Section 10. Functions of the Cabinet Secretary Section formulating a national policy on physical and land use planning;

Section 11. Director-General of Physical and Land Use Planning Section 11(1) There is established the office of the Director-General of Physical and Land Use Planning which shall be an office in the public service. Section 11(2) The Director-General of Physical and Land Use Planning shall advise and be responsible to the Cabinet Secretary responsible for physical and land use planning. Section 11(3) The Director-General of Physical and Land Use Planning shall hold office for a term of three years, renewable once.

Section 12. Qualifications of the Director- General of Physical and Land Use Planning Section is a citizen of Kenya;

Section 13. Responsibilities of the Director-General of Physical and Land Use Planning Section advising the government on strategic physical and land use planning matters that impact on the whole country;

Section 14. County Physical and Land Use Planning Consultative Forum Section 14(1) There is established a County Physical and Land Use Planning Consultative Forum in each county. Section 14(2)(a) the respective County Executive Committee Member responsible for matters related to physical and land use planning, who shall be the Chairperson and shall provide the secretariat; Section 14(2)(b) the County Director of physical and land use Planning; Section 14(2)(c) the Chairperson of the committee responsible for matters related to physical and land use planning in the respective county assembly; Section 14(2)(d) the County Executive Committee Member responsible for matters related to economic planning; Section 14(2)(e) the County Executive Committee Member responsible for matters related to the environment; Section 14(2)(f) the County Executive Committee Member responsible for matters related to roads and infrastructure; Section 14(2)(g) the County Executive Committee Member responsible for matters related to social and community development; Section 14(2)(h) a person nominated by the Commission; Section 14(2)(i) a person nominated by the Director-General of Physical and Land Use Plann...

Section 15. Functions of the County Physical and Land Use Planning Consultative Forum Section provide a forum for consultation on County and Inter-County Physical and Land Use Development Plans;

Section 16. County Physical and Land Use Planning Consultative Forum Meetings Section 16(1) The County Physical and Land Use Planning Consultative Forum shall meet at least four times in a year. Section 16(2) Subject to this Act and any relevant county legislation, the County Physical and Land Use Planning Consultative Forum may regulate its procedure. Section 16(3) The County Physical and Land Use Planning Consultative Forum may establish committees for the effective performance of its functions.

Section 17. Responsibilities of the County Executive Committee Member Section formulating a county policy on physical and land use planning; and

Section 18. County Director of Physical and Land Use Planning Section 18(1) There is established the office of the County Director of Physical and Land Use Planning which shall be an office in the county public service. Section 18(2) The County Director of Physical and Land Use Planning shall advise and be responsible to the County Executive Committee Member.

Section 19. Qualifications of a County Director of Physical and Land Use Planning Section is a citizen of Kenya;

Section 20. Responsibilities of the County Director of Physical and Land Use Planning Section advising the county government on physical and land use planning matters that impact the county;

Section 21. The National Physical and Land Use Development Plan Section 21(1) The Cabinet Secretary shall cause the Director- General of Physical and Land Use Planning to prepare the National Physical and Land Use Development Plan for approval and publication in accordance with this Part. Section 21(2)(a) shall cover an implementation period of twenty years; and Section 21(2)(b) may be reviewed after ten years or as necessary when special needs arise.

Section 22. Purpose and objects of the National Physical and Land Use Development Plan Section 22(1) The National Physical and Land Use Development Plan shall define strategic policies for the determination of the general direction and trends of physical, and sectoral development in Kenya and provide a framework for the use and development of land. Section 22(2)(a) environmental conservation, protection and improvement; Section 22(2)(b) promoting social and economic development including national competitiveness; Section 22(2)(c) promoting balanced national development; Section 22(2)(d) optimal use of land and natural resources; Section 22(2)(e) formulation of national physical and land use development planning policies; Section 22(2)(f) guiding inter-county, county and local planning; Section 22(2)(g) co-ordinating sectoral planning and development; Section 22(2)(h) managing human settlements; and Section 22(2)(i) providing a framework for guiding the location and development of strategic national investments and infrastructural development.

Section 23. Procedure for preparation of the National Physical and Land Use Development Plan Section 23(1)(a) consider relevant national policies; Section 23(1)(b) promote the safeguarding of national security; Section 23(1)(c) ensure effective participation by the public and relevant stakeholders; and Section 23(1)(d) consult the National Physical and Land Use Planning Consultative Forum prior to the initiation of the National Physical and Land Use Development Plan and submit the proposed plan to the National Physical and Land Use Planning Consultative Forum for consideration and input before its final approval. Section 23(2) The Cabinet Secretary shall, at least fourteen days before commencement of the preparation of a National Physical and Land Use Development Plan, publish a notice in the Gazette , in at least two newspapers of national circulation and through electronic media of the intention to prepare a National Physical and Land Use Development Plan. Section 23(3) A notice published in accordance with this section shall state the objectives of National Physical and Land Use Development Plan, the purpose of the National Physical and Land Use Development Plan, the information...

Section 24. Content of National Physical and Land Use Development Plan Section 24(1)(a) the objectives of the plan; Section 24(1)(b) an analysis of the state of physical and land use development in Kenya; and Section 24(1)(b)(i) an analysis of the state of physical and land use development in Kenya; and Section 24(1)(b)(ii) the relevant studies and reports concerning physical and land use development in Kenya; Section 24(1)(c) policies, strategies and measures necessary to optimize opportunities and potentials and resolve challenges relating to physical and land use development planning in Kenya; Section 24(1)(d) maps and plans showing current and anticipated physical and land use patterns; Section 24(1)(e) an implementation framework; Section 24(1)(f) a monitoring and evaluation strategy; and Section 24(1)(g) such other information as may be necessary. Section 24(2) The Director-General of Physical and Land Use Planning shall, in addition to what is provided for in subsection (1), take into account matters specified in the First Schedule to this Act. Section 24(3) The preparation of the National Physical and Land Use Development Plan shall be completed within twenty four months af...

Section 25. Notice of preparation of National Physical and Land Use Development Plan Section 25(1) Within thirty days of the preparation of the National Physical and Land Use Development Plan, the Cabinet Secretary shall publish a notice in the Gazette , in at least two newspapers of national circulation and through electronic media informing the public that the draft National Physical and Land Use Development Plan is available at the place and time specified in the notice for inspection and that any interested person may within fourteen days, comment on the content of the draft National Physical and Land Use Development Plan. Section 25(2) The Cabinet Secretary shall, within twenty-one days of the expiry of the period for making comments under subsection (1), consider the comments made on the National Physical and Land Use Development Plan and may incorporate the comments in the plan. Section 25(3) Within seven days of making a decision under subsection (2), the Cabinet Secretary shall publish a notice in the Gazette , in at least two newspapers of national circulation and through electronic media informing the public that a decision on the comments received by the Cabinet Secreta...

Section 26. Approval of National Physical and Land Use Development Plan Section 26(1) If there have been no applications for review of the decision of the Cabinet Secretary or if the applications for review have been heard and determined, the Cabinet Secretary shall submit the draft National Physical and Land Use Development Plan to the National Physical and Land Use Planning Consultative Forum for comments. Section 26(2) The National Physical and Land Use Planning Consultative Forum shall consider the plan and may propose changes which shall be incorporated in the plan. Section 26(3) Upon incorporation of the proposed changes by the National Physical and Land Use Planning Consultative Forum, the plan shall be submitted to the Cabinet for approval. Section 26(4) Upon approval by the Cabinet, the Cabinet Secretary shall submit the plan to Parliament for consideration and approval. Section 26(5) Upon approval by Parliament, the Cabinet Secretary, shall publish the approved plan in the Gazette , in at least two newspapers of national circulation and through electronic media within fourteen days of the approval of the National Physical and Land Use Development Plan.

Section 27. Implementation of a National Physical and Land Use Development Plan Section 27(1) The planning authorities shall base the preparation of inter-county physical and land use development plans, integrated county physical and land use development plans, city physical and land use development plans, urban area physical and land use development plans and sectoral plans on the National Physical and Land Use Development Plan. Section 27(2) Notwithstanding the lack of a National Physical and Land Use Development Plan, planning authorities at the county level shall prepare County and Local Physical and Land Use Development Plans.

Section 28. Status Reports Section 28(1) At least three months before the end of the financial year, each public institution of a government that is responsible for the application or the implementation of a National Physical and Land Use Development Plan shall prepare and submit a status report on the implementation of the National Physical and Land Use Development Plan to the Cabinet Secretary or the County Executive Committee member and the Commission for their purposes. Section 28(2) The status reports submitted under this section, shall be published by the National Land Commission on its website for information.

Section 29. Establishment of Inter-County Joint Physical and Land Use Planning Committees Section 29(1) Two or more Counties may, by mutual agreement or out of compelling necessity, formulate an inter-county physical and land use development plan. Section 29(2) In the preparation of the Inter-County physical and land use development plan, the counties shall form an Inter-County Joint Physical and Land Use Planning Committee. Section 29(3)(a) the county executive committee member of the respective counties; Section 29(3)(b) two other relevant county executive committee members from the respective counties nominated by the relevant county governor; and Section 29(3)(c) the Director-General of Physical and Land Use Planning who shall be an ex-officio member of the Committee. Section 29(4) The inter-county joint physical and land use planning committee may co-opt such other persons as may be necessary to assist it in performance of its duties. Section 29(5) The members of the inter-county joint physical and land use planning committee appointed under subsection (3)(a) and (b) shall, during the first meeting of the Committee, elect from amongst themselves a Chairperson and a vice-Chairp...

Section 30. Scope of the Inter-County Physical and Land Use Development Plan Section define the scope of the plan; and

Section 31. Commencement of Inter-County Physical and Land Use Planning Process Section 31(1) The Inter-County Physical and Land Use Planning Joint Committee preparing an Inter-County Physical and Land Use Development Plan shall publish a notice of intention to prepare a plan in the Gazette , in at least two newspapers with a national circulation and through electronic media. Section 31(2) The notice published under subsection (1) shall state the constitution of the Inter-County Physical and Land Use Planning Joint Committee, the broad reasons for the constitution of the joint committee and the joint committee's address where comments on the plan may be submitted. Section 31(3) The joint committee shall prepare and complete the Inter-County Physical and Land Use Development Plan within two years from the time notice of intention to prepare the plan is published. Section 31(4) The joint committee shall consult, publish, consider national security and hold stakeholders' meetings during the preparation of the Inter-County Physical and Land Use Development Plan.

Section 32. Notice of and objections to an Inter-County Physical and Land Use Development Plan Section 32(1) Within thirty days of the completion of an Inter-County Physical and Land Use Development Plan, the Inter-County Physical and Land Use Planning Joint Committee shall publish a notice in the Gazette and in at least two newspapers of national circulation informing the public that the plan is available at the place and time specified in the notice for inspection and that any interested person may, within fourteen days, comment on the content of the plan. Section 32(2) The Inter-County Physical and Land Use Planning Joint Committee shall, within twenty-one days of the expiry of the period for making comments under subsection (1), consider the comments made about the plan and may or may not incorporate the comments in the plan. Section 32(3) Within seven days of making a decision under subsection (2), the Inter-County Physical and Land Use Planning Joint Committee shall publish a notice in the Gazette and in at least two newspapers of national circulation informing the public that a decision on the comments received by the joint committee has been made and that the reviewed draft...

Section 33. Approval of an Inter-County Physical and Land Use Development Plan Section 33(1) The County Executive Committee members of all counties participating in the Inter-County physical and land use development plan shall separately submit the plans to the respective County Assemblies for approval and thereafter submit the same to the Director-General of Physical and Land Use Planning for coordination and certification. Section 33(2) Within thirty days of the completion of an Inter-County Physical and Land Use Development Plan or if comments on the plan have been heard and determined, the Inter-County Physical and Land Use Planning Joint Committee shall publish a notice in the Gazette and in at least two newspapers of national circulation informing the public that the Inter-County Physical and Land Use Development Plan is available for perusal at the place and time specified in the notice. Section 33(3) Before the Inter-County Physical and Land Use Development Plan can be implemented, the governors of the relevant counties shall adopt the plan at a joint meeting of the relevant governors that shall be organized by the Inter-County Physical and Land Use Planning Joint Committee...

Section 34. Implementation of the Inter-County Physical and Land Use Development Plan Section 34(1) In addition to the national physical and land use development plan, the Inter-County Physical and Land Use Development Plan shall inform the preparation of a county physical and land use development plan, a local physical and land use development plan or an urban area physical and land use development plan for the county governments within the planning area covered by the Inter-County Physical and Land Use Development Plan. Section 34(2) Where a National Physical and Land Use Development Plan and an Inter-County Physical and Land Use Development Plan have not been prepared or approved, county governments may prepare other physical and land use development plans which will be incorporated into the National Physical and Land Use Development Plan or the relevant Inter-County Physical and Land Use Development Plan after they have been prepared and approved in accordance with this Act.

Section 35. Status Reports on an Inter-County Physical and Land Use Development Plan Section At least three months before the end of a financial year, every county executive committee member in a county covered by an Inter-County Physical and Land Use Development Plan shall submit a report on the implementation of the Plan to the Commission and the Cabinet Secretary for their purposes.

Section 36. County Physical and Land Use Development Plan Section 36(1) Once in every ten years, a county government shall prepare a county physical and land use development plan for that county. Section 36(2) Each county physical and land use development plan shall be in conformity with the National Physical and Land Use Development Plan and any relevant Inter-County Physical and Land Use Development Plan. Section 36(3) The county executive committee member shall ensure the county physical and land use development plan is prepared and published within a period of eighteen months from the time notice of intention to prepare the plan is published.

Section 37. Purpose and objects of a county physical and land use development plan Section to provide an overall physical and land use development framework for the county;

Section 38. Notice of intention to prepare a county physical and land use development plan Section 38(1) At least twenty-one days before commencing the preparation of a county physical and land use development plan, the county executive member shall publish a notice in the Gazette and the notice shall include the intention to prepare a county physical and land use development plan, the objects of the plan and the matters to be considered in the plan and the address to which any comments on the plan may be sent. Section 38(2) The notice shall be displayed for a period of fourteen days at the offices of the county government and such other places as may be necessary in all the wards within the county. Section 38(3) The county planning authority shall hold adequate stakeholder meetings in each ward before the completion of the preparation of the county physical and land use development plan.

Section 39. Contents of a county physical and land use development plan Section 39(1)(a) policies, strategies and general proposals for the development and use of land; Section 39(1)(b) a summary of the situational analysis; Section 39(1)(c) proposals for proper county development, resource utilization and linkage with neighboring counties; Section 39(1)(d) diagrams, illustrations and description of current and anticipated developments in the county; Section 39(1)(e) an implementation strategy; Section 39(1)(f) a reporting, monitoring and evaluation strategy; and Section 39(1)(g) any other matters as may be prescribed. Section 39(2) In addition to the provisions of subsection (1) the county government shall take into account those matters specified in the First Schedule.

Section 40. Public Participation in the preparation of a county physical and land use development plan Section 40(1) Within thirty days of the preparation of a county physical and land use development plan, the county planning authority shall publish a notice in the Gazette , in at least two newspapers of national circulation and through electronic media informing the public that the draft county physical and land use development plan is available at the places and times specified in the notice. Section 40(2) The county executive committee member shall facilitate public participation. Section 40(3) The county executive committee member shall consider the comments made about the draft county physical and land use development plan and may incorporate the comments in the plan. Section 40(4) A person aggrieved by a decision of the county planning authority concerning the county physical and land use development plan or matters connected therewith, may within sixty days of receipt by him of notice of such decision, appeal to the county physical and land use planning liaison committee in writing against the decision in such manner as may be prescribed. Section 40(5) Subject to subsection...

Section 41. Completion and approval of a county physical and land use development plan Section 41(1) If there are no applications for the review of a county physical and land use development plan or if all applications for review have been heard and determined, the county executive committee member shall submit the draft county physical and land use development plan to the County Physical and Land Use Planning Consultative Forum for comments. Section 41(2) The County Physical and Land Use Planning Consultative Forum shall consider the plan and may propose changes which shall be incorporated in the plan. Section 41(3) Upon incorporation of the proposed changes by the County Physical and Land Use Planning Consultative Forum, the county executive committee member shall submit the completed county physical land use development plan to the county governor who shall cause it to be placed before the county assembly for approval. Section 41(4) On the approval of the county physical and land use development plan by the respective county assembly, the county executive committee member shall publish the approved plan in the Gazette and in at least two newspapers with a national circulation wi...

Section 42. Modification of a County Physical and Land Use Development Plan Section 42(1)(a) there are practical difficulties in the execution or enforcement of that county physical and land use development plan; or Section 42(1)(b) there has been a change of circumstances since the county physical and land use development plan was approved. Section 42(2) On the approval of the county government, the County Executive Committee member shall publish a notice in the Gazette , in at least two newspapers of national circulation and through electronic media notifying any interested parties of the proposed amendments to the county physical and land use development plan and the period within which interested parties may make representations to the County Executive Committee member. Section 42(3)(a) state the reasons for the proposed amendment; Section 42(3)(b) comply with the relevant provisions of the County Governments Act (Cap. 265); and Section 42(3)(c) be in conformity with the National Physical and Land Use Development Plan and all relevant Inter-County Physical and Land Use Development Plans. Section 42(4) Where a county executive committee member determines that a proposed amendmen...

Section 43. Revision of a county physical and land use development plan Section 43(1) A county executive committee member may only initiate the process of revising a county physical and land use development plan after eight years have elapsed since the county plan was published in the Gazette . Section 43(2) The provisions of section 42 of this Act shall apply with the necessary modifications to the revision of a county physical and land use development plan.

Section 44. Contents of the National, Inter-County and County Physical and Land Use Development Plans Section In addition to the provisions of sections 24 , 30 and 39 , the National, Inter-County and the County Physical and Land Use Development Plans shall provide for the matters specified in the First Schedule.

Section 45. Local Physical and Land Use Development Plan Section 45(1) A county government shall prepare a local physical and land use development plan in respect of a city, municipality, town or unclassified urban area as the case may be. Section 45(2) A local physical and land use development plan may be for long-term physical and land use development, short-term physical and land use development, urban renewal or redevelopment and for the purposes set out in the Second Schedule in relation to each type of plan. Section 45(3) A local physical and land use development plan shall be consistent with an Integrated City or Urban Development Plan as contemplated under Part V of the Urban Areas and Cities Act (Cap. 275).

Section 46. Purpose of a Local Physical and Land Use Development Plan Section zoning, urban renewal, or redevelopment;

Section 47. Initiation and preparation of local physical and land use development plan Section The preparation of a local physical and land use development plan may be initiated by the county executive committee member.

Section 48. Contents of a Local Physical and Land Use Development Plan Section 48(1)(a) a survey report in respect of the area to which the plan relates carried out as the manner specified in the Second Schedule; and Section 48(1)(b) any Geographical Information System-based maps and descriptions as may be necessary to indicate the manner in which the land in the area may be used in accordance with the requirements of the Second Schedule. Section 48(2) The survey report in a local physical and land use development plan should include technical annexes and a sieve analysis of gradient, environment and infrastructure so as to provide for maximum locations for new developments.

Section 49. Notice of objections and approvals to a Local Physical and Land Use Development Plan Section 49(1) Within thirty days of the preparation of a local physical and land use development plan, a county planning authority shall publish a notice in the Gazette , in at least two newspapers of national circulation and through electronic media informing the public that the plan is available at the places and times designated in the notice for inspection and that an interested person may comment on the content of the plan. Section 49(2) The provisions of section 40 relating to the making of representations or objections to the county physical and land use planning liaison committee concerning county physical and land use development plans and to the consideration by the committee of such representations or objections and to appeals shall apply mutatis mutandis to this section. Section 49(3) The provisions of section 41 relating to the approval or disapproval of a county physical and land use development plan shall apply mutatis mutandis to the approval or disapproval of a local physical and land use development plan.

Section 50. Publication of Local Physical and Land Use Development Plans Section The County Executive Committee member shall within fourteen days after the approval of a local physical and land use development plan publish a notice in the Gazette , in at least two newspapers of national circulation and through electronic media that the plan has been approved with or without modification and that the plan may be inspected at the place or places and times specified in the notice during normal working hours.