As cities around the world grapple with rapid urbanization, one of the most critical but often overlooked issues is security of tenure. In Kenya and many developing countries, access to safe, adequate housing is often undermined by a lack of legal or formal recognition of land and property rights.
What is Security of Tenure?
Security of tenure refers to the degree of certainty that a person or household has in their right to occupy and use land or housing. It means that people cannot be arbitrarily evicted, displaced, or denied access to their homes without proper legal procedures and compensation, if applicable.
Tenure can take many forms: full ownership, rental agreements, leaseholds, customary rights, or even informal settlements. What matters most is the protection and recognition of that right by law or community norms.
Why Security of Tenure Matters
- Reduces Forced Evictions
Secure tenure protects individuals and families from unlawful displacement, particularly in informal settlements or contested urban land. - Encourages Investment and Upgrading
When people are confident they won’t be evicted, they are more likely to invest in improving their homes, leading to better living conditions and stronger neighborhoods. - Enables Access to Services and Credit
Households with secure tenure are more likely to be connected to water, electricity, and sanitation services. In some cases, formal documentation of tenure can be used as collateral to access credit or loans. - Strengthens Social Stability
Security of tenure fosters a sense of belonging and community. It supports long-term planning, reduces conflict, and improves governance through formal recognition.
Tenure Insecurity in Kenya
In Kenya, tenure insecurity is widespread in informal settlements, rural areas, and even peri-urban zones. Challenges include:
- Historical land injustices and overlapping land claims
- Complex and bureaucratic land registration systems
- High cost of land titling and formalization
- Political interference and land speculation
- Evictions carried out without due process
These issues disproportionately affect vulnerable groups such as women, low-income families, and the urban poor.
Policy and Legal Framework
Kenya’s Constitution (2010) recognizes the right to accessible and adequate housing and provides for the protection of tenure. Other key frameworks include:
- The Land Act (2012) and Land Registration Act (2012)
- National Land Policy (2009)
- Urban Areas and Cities Act (2011)
- Ongoing initiatives under the Ministry of Lands and Physical Planning, and NLC (National Land Commission)
However, implementation remains uneven, and many urban dwellers still live without formal tenure.
Towards Better Tenure Security
Improving security of tenure requires a multi-pronged approach:
- Legal Reform: Simplify and harmonize laws that govern land tenure.
- Community Participation: Engage local residents in land regularization and planning.
- Affordable Documentation: Subsidize or streamline titling and registration processes.
- Gender Equity: Promote land rights for women, often denied access under customary laws.
- Upgrading Informal Settlements: Provide in-situ development rather than eviction.
Security of tenure is more than a legal status it is a fundamental enabler of dignity, stability, and development. For Kenya to meet its housing and urbanization goals, protecting and expanding tenure rights must be at the core of its national strategy.
