KENYATTA UNIVERSITY

INSTITUTE OF OPEN DISTANCE & e-LEARNING

IN COLLABORATION WITH

SCHOOL APPLIED HUMAN SCIENCES

DEPARTMENT: COMMUNITY RESOURCE MANAGENMENT & EXTENSION

UNIT CODE & NAME: HCR 309: COMMUNITY HOUSING AND DEVELOPMENT

WRITTEN BY: DR. PHOEBE NDAYALA AND Ms IRENE AWUOR OWUOR

VETTED BY: DR. JANE KIERU

Copyright © Kenyatta University, 2018

All Rights Reserved

Published By: KENYATTA UNIVERSITY PRESS

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COURSE INSTRUCTIONS
Purpose of the Course
This course is designed to equip learners with knowledge and skills in housing and development.

Expected Learning Outcomes

1. The learners will be able to devise community and policy interventions to address
problems of housing in communities
2. The learners will be able to analyze different strategies of improving housing within
communities
3. Learners will be able to analyze different land and housing tenure systems and their
impact on community housing and development.
4. Evaluate current trends in housing and development.
5. Critique the policy response to housing development.
6. Analyze the social, physical, environmental, political and economic factors affecting
community housing.

Teaching Organization
3 hours per week comprising of a series of online engagements with the unit lesson. This will
include online reading of the course materials, responding to the assignments and activities after
each lesson, engaging in on-line chats with the unit Lesson and the other students registered for
the course.

Assessment
End of Semester examination 70%; Continuous Assessment Test (CAT) 30%. Pass mark will be
40%.

Please note that:

▪ The continuous Assessment tests will be posted online

▪ You are expected to respond to them online within the set period.
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▪ Late submissions of the CATs will not be accepted by the system and no hard copies of

the CATs are accepted.

▪ Please note that the CATs will be evaluated and the feedback provided online for each

assignment provided.

▪ Check the online platform regularly and respond to the chats, discussions and CATS.

▪ You are free and expected to ask for clarifications and post any discussion questions to

the class and the unit LESSON.

Key/Core Text books for the course

Clapham, D. F., Clark, W. A., & Gibb, K. (Eds.). (2012). The SAGE handbook of housing

studies. Sage.

Bakker, B. (2010). AARP guide to revitalizing your home. New York: Lark Books.
Community Tool Box (2014). Providing Affordable Housing For All. Can be accessed from
http:ctb.ku.edu.
Green, G. P., & Haines, A. (2011). Asset building & Community development. Sage.
Johnson, M. P., (2010). Housing and Community Development. University of Massachusetts Boston
Scholar works. Public Policy and Public Affairs Faculty Publications Series. Routledge.
Teller, N., & Lux, M. (Eds.). (2012). Social housing in transition countries (Vol. 10).
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INTRODUCTION TO THE COURSE

The content of this module will focus on:

The relationship between housing and development, introducing housing as a product and
service. Determinants and factors affecting housing and their effects on the standard of
housing for families. Issues related to housing and the type of housing alternatives and
land tenure. Analysis of the global, regional and national situation. The module also looks
at the trends and constraints to affordable decent housing.

Rationale for the Course

The focus of this course will be on the issues experienced in accessing decent housing like
the choice of housing, how to finance our housing, housing for special groups of people
like the low income people, elderly and how the housing decisions made affect housing
development. The course will enable you to be able to make informed decisions on choice
of housing in terms of types, designs and methods of accessing housing. The knowledge
from the course will also enable us to be able to identify the challenges that people face in
accessing decent housing and how we can be able to address these problems. Housing for
special groups like the orphans, street children, the internally displaced, and elderly is a
major challenge in housing. The course will therefore address the housing requirements of
these people and how well we can help to make sure they are housed in houses suitable to
their needs. The numbers of these special groups is steadily increasing and their housing
needs need to be addressed. Housing is one of the basic human needs of families and its
attainment is vital for all families’ survival. Many families do not have access to standard
housing thereby negatively affecting their productivity, a pre-cursor for poverty.
Understanding and address housing problems can promote socio-economic wellbeing of
citizens who will then be productive in development initiatives.
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GENERAL OBJECTIVES OF THE COURSE

After successfully going through the course, the learner should be able to:

1. Understand the social, physical, cultural, economic and environmental aspects of

housing and their effect on the standard of housing for communities.

2. Analyze the government policies, laws and by-laws related to housing

development in Kenya.

3. Identify various challenges communities face in accessing standard housing

4. Design interventions to mitigate the challenges experienced by community

members in efforts to access affordable decent housing.

5. Propose practical interventions for addressing housing challenges for special

groups of people.

6. Analyze challenges and opportunities of different land tenure systems and methods

of accessing housing.

7. Critique the current trends in housing and how they impact on community housing

and development.
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TABLE OF CONTENTS

Lesson One: Introduction to Housing and Development................................................................8

1.4 Definition of Terms 9

1.5 Perspectives of Looking at Housing 10

1.6 Role of Housing in National and Community Development..............................................12

Lesson Two: Types of Housing Alternatives and Land Tenure Systems 22

2.4 Land Tenure Systems 23

2.5 Land Administration...........................................................................................................27

2.6 Access to Land 29

2.7 Tenure Security 31

2.8 Land Ownership in Kenya..................................................................................................32

Lesson Three: Analysis of Housing Situation Globally 59

3.4 Housing statistics in the European Union...........................................................................60

3.5 Housing statistics in Kenya 62

3.6 Homelessness across the world 63

3.7 Housing Availability and Standards 65

3.8 Rights to Adequate Housing...............................................................................................66

3.9 Violation of Rights to Housing 69

3.10 Minority Groups and Human Rights Related to Housing 72

3.11 Challenges of Housing Development in Developing Countries.......................................74

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3.12 Refugees Housing Challenges and Possible Interventions 74

Lesson Four: Analysis of National Housing Policies 83

4.4 Overview of International Policies on Housing..................................................................84

4.5 Other National Policies Featuring Housing 86

4.6 Kenya National Housing Policy 87

Lesson Five: Rental Housing......................................................................................................103

5.4 Rental Housing in Kenya 104

5.5 Current Housing Situation in Kenya 107

Lesson Six: Issues Affecting Housing Conditions......................................................................112

6.4 Housing and Health 113

6.5 Housing and Environment 116

6.6 Housing and Poverty.........................................................................................................119

6.7 Housing and Education.....................................................................................................120

6.8 Housing and Employment 122
6.9 Housing and Crime 123

Lesson Seven: Constraints to Affordable Housing 128

7.4 Types of Constraints to Affordable Housing 129

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LESSON ONE: INTRODUCTION TO HOUSING AND DEVELOPMENT

1.1 INTRODUCTION

In this first lesson of this course, we focus on understanding common terms used in

the study of housing and development as a preamble to the discussion on this unit. We will

also study the perspectives of housing and role of housing in national, community’s

economic, social and physical development.

1.2 LESSON OBJECTIVES

By the end of this lesson the learner should be able to:

▪ Define of common termsused in community housing and development.

▪ Explain the different perspectives of looking at housing.

▪ Discuss the role of housing in national, county and community development.

1.3 LESSON OUTLINE

i. Introduction
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ii. Lesson objectives

iii. Definition of key terms used in housing and development

iv. Perspective of looking at housing

v. Role of housing in national, community – economic, social, physical development

vi. Summary

vii. Activities

viii. Self-test questions

ix. Further reading

x. Glossary

xi. References

1.4 DEFINITION OF TERMS USED IN COMMUNITY HOUSING AND

DEVELOPMENT

We will start by defining some common terms which are often used in the study of

housing and development. This will help us to understand the course better. These terms include:

▪ Slums- places inhabited by many people in urban areas and characterized by sub-

standard housing and filth.

▪ Decent environment-This is a natural surrounding free from pollution and waste which

has facilities like sewage disposal, water supply, open spaces etc.

▪ Standard housing-These are houses with good ventilation, enough space, plumbing

services and built according to the laid out standards.

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▪ Squatter settlements-an illegal land occupation where the inhabitants by whatever

means come up with structures on land that does not belong to them e.g. Coast and rift
valley.

▪ Informal Housing: this refers to shelter that does not conform to the laid out laws and

standards set up in the environment in which it occurs.

▪ “Forced eviction" is the removal of people against their will from their houses or lands

mainly attributed to actions of private developers of the state.

▪ Environment- the area surrounding the housing structure to include both physical and

environmental conditions.

▪ Shelter: Structure that protects one from harsh climatic conditions and danger.

▪ Decent housing -is a structure with at least two rooms, a toilet, a shower and kitchen.

▪ Public housing – is housing units constructed through public financing from national

budgets.

▪ Protected land: places on which economic activities are banned or restricted by law e.g.

forest lands, game parks, wet lands, and river banks.

▪ Housing development –is a structured real estate development of residential buildings. It

includes acquisition, rehabilitation, rehabilitation, and/or new construction of housing

▪ Community Housing Development Organization (CHDO): is a private nonprofit,

community-based, service organization that has, or intends to obtain, staff with the
capacity to develop affordable for the community it serves.

▪ Housing: this refers to a shelter, buildings or something else that covers and protects
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1.5 PERSPECTIVES OF LOOKING AT HOUSING

There are various perspectives of looking at housing. A perspective means the different ways of
looking at housing and helps us understand housing and environment. These perspectives
include:
1. 1. Sociological perspective-Sociology is the study
of social problems. Housing is seen here as a
Perspectives refers to the way of looking
social issue and it thus needs to be addressed.
at something and for our case refers to the
different ways of looking or understanding Many people are confronted by lots of housing
housing challenges for example too many substandard
dwellings, inadequate supply of standard housing
units and high housing costs. Housing becomes a
social issue when people are not able to get housing that satisfies their needs. Sociologists see
housing as a product of the existing social system including issues of politics, economics, art,
architecture, law, business, financing, designing and planning. This course will look at housing
as a sociological problem and address the different ways of addressing housing challenges.
Areas will include: how the structure, class, economic status of the families affect their access to
housing and how this subsequently affect development in communities.

2. Economic perspective- presents individuals as meeting needs that can be satisfied in the
market place. Individuals and households maximize fulfillment of these needs through a
calculation of the relative costs of the available goods in relation to the budget constraint.
The individual and families receive the type of housing that resources will afford.

3. Biological perspective-Presents the human organism as needing an external environment

within which it can meet its internal organization within tolerable limits. The role of
housing is seen as a way of providing shelter from destructive extremes in the
environment, to preserve the human body functions and to also permit healthy growth
and development.
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4. Psychological perspective-presents humans as being motivated toward the satisfaction of

certain psychic and psychological needs that arise primarily from factors within the
individual. The main question to be answered is “does the current housing meet the
individual psychic needs?” Psychologically, housing should satisfy personality needs
such as self –fulfillment, privacy and the like.

5. Functional perspective-View social systems that tend to maintain the state of balance in
the internal environment (home) to ensure that the members are comfortable. Houses thus
serve a clear purpose to the Community members. When there are changes in the external
environment, routing mechanisms respond to maintain internal environment with
optimum range. Housing is therefore seen to serve a particular purpose for e.g.
protection, place to stay/sleep/eat.

1.6 ROLE OF HOUSING IN NATIONAL AND COMMUNITY DEVELOPMENT

Housing plays an important role in community development. In this section we shall

look at the roles of housing in community development. These are discussed below:

1.6.1 Overview

Housing is one of the most vital needs of every human being. It is a basic right and without it,

one is open to the elements of danger and unfavorable effects resulting from various threats. It

promotes economic development in general and development of other industries. The

significance of secure property market is fundamental to Kenya’s economy mostly in light of the

goals of Vision 2030, which views housing as one of the foundation pillars and a crucial resource

for the political and socio-economic development of Kenya.

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Adequate and affordable housing must be considered as a foundation for creating strong, stable

communities; requiring wide-ranging investments to make the kinds of surroundings in which

members can thrive. Living in poor areas increases the effects of family poverty on personal

economic prospects, educational achievement, health and other indicators of well-being. Poor

housing promotes poverty through lack of basic services such as sanitation, clean environment,

mental stress, exposure to health risks e.g pneumonia, TB spread, cholera, as well as lack of

opportunities and support residents need to actively be engaged in personal and national

development. Lack of standard housing due to poor economic outcomes in particular can lead to

increased crime, loss of family and community assets, reduced property values and an increase in

housing instability. This can greatly affect the well-being of community members and result in

long-term effects on the economic vivacity of the country. Lack of affordable housing can lead to

overcrowding, high rent burdens, substandard housing and housing insecurity for many families,

making worse the wellbeing outcomes (health, education) for those in economically distraught

communities. We will now look at the economic, social, physical and environmental role of

housing in community development. These are discussed below:

1.6.2 Sustainable Economic Development: housing contributes to economic development in

the following ways:

▪ Investment: housing is a major family asset and many community members put up

resources to acquire housing assets. This is an indicator of community members’

wealth status as they can be turned into cash and other resources for development.

▪ Source of employment: the housing sector employs various community members.

This includes those who provide labour directly in housing construction but also
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includes those providing labour in other related industries like housing materials

development, furniture construction ventures, marketing of housing departments and

in the ministry of housing and development and other organizations addressing

housing issues like Housing Finance Corporation (HFC), Non-profit organizations

promoting access to decent housing etc

▪ Industrial development for income and job creation: production industries are

located in buildings/housing and this contributes a lot to economic development of

the country.

▪ Housing triggers growth in other related sectors like the investments in building

materials, transportation, furniture development and marketing. When housing

development increases these businesses also register increased growth.

▪ Generate income: housing can generate income for community members through

sale of housing stock, rental/leasing of housing stock which results in members

accessing resources to sustain their livelihoods or for other community development

projects and investments.

▪ Tool of production/Business premises: Housing is one of the main sectors that can

enhance economic growth with shelter being recognized as a key tool of

development/production. Housing provide business premises for various business

ventures like hotels, hospitals from which community members access their source of

livelihood and also contribute to the national GDP (Gross Domestic Product). It is

also a place of work for many community members including most women, those

who have home businesses and industries etc

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▪ Contributes to market growth for instance the stock exchange, sale of housing

products like cement

▪ Contributes to the GDP (Gross Domestic Product) of the country. The

government raises a lot from resources from the housing sector e.g. through rent

taxation; oversees remittances to the housing sector, through taxation of housing

materials like tiles and cement, taxation of employees involved in housing

development; stamp duty payments, license fees

1.6.3 Physical development

In terms of physical development housing development can promote the following:

▪ Improved accessibility as a result of development of roads, bridges which can promote

easy movement of people and goods from one place to another

▪ Enhanced functioning through provision of optimum conditions needed for that specific

function

▪ Disaster mitigation and management e.g. controlling flooding or landslides through

construction of walls

▪ Human health enhancement by protecting community members against harsh climatic

conditions

▪ Can contribute to beauty and general aesthetics of the neighborhood

1.6.4 Environmental Conservation and Protection

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In terms of environmental conservation and protection housing development can promote the

following:

▪ Disaster mitigation and management e.g. controlling flooding or landslides through

construction of walls

▪ Conservation of the environment like building of a perimeter wall to avoid

destruction of a forest or wild animals

▪ Beatification like through planting of trees and flowers in housing construction

▪ Controlled sewage and waste disposal through installing and construction good

plumbing, sewage treatment plants, sewage pipelines, toilets

1.6.5 Social Development

In terms of social development housing development can promote the following:

▪ Attainment of the international agreements and development goals: housing is

instrumental in the attainment of international human rights such as right to shelter and

attainment of the Sustainable Development Goals (SGDs) and the Vision 2030. Vision

2030 views housing as one of the underpinning pillars and an essential resource for the

socio-economic and political development of Kenya.

▪ Controls social unrest-lack of access to decent and affordable housing can lead to social

unrest in a country making a state ungovernable

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▪ Promotes the growth of human social relationships e.g. through marriage, neighbors,

working together thus increasing access to social capital for community members

▪ Promotes social satisfaction for individual members: decent home ownership has been

known to promote satisfaction among the community members

▪ Enhanced health and well-being: staying in safe, secure and decent housing and

environments promotes the health outcomes of many members including children.

▪ Enhanced human dignity

▪ Improved safety and security: for instance through protection from harsh climatic

conditions, wild animals and putting of housing security features like alarm systems,

perimeter wall that protect life and property

▪ Promotes sense of belonging and privacy to the community members.

1.7 SUMMARY
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In this section we looked at the definition of key concepts used in community housing and

development. We also looked at the different perspectives of looking at housing. We then went

on to look at the role of housing in community development. We learnt that housing, like food

and clothing is a basic human need. Well planned and maintained housing with its supportive

infrastructure of acceptable standards and affordable cost affords dignity, security and privacy to

the community members. Without housing, one is exposed to danger and adverse effects

resulting from different threats. Decent housing fosters development of other industries and

economic development in general. The value of secure property market is essential to Kenya’s

economy especially particularly in light of the goals of Vision 2030. In the next lesson we shall

focus on various Land and Housing tenure systems and the opportunities and challenges they

pose in community development.

1.8 ACTIVITIES

1. Define decent housing, decent environment, slums and squatter settlements

2. Explain the different perspectives of looking at housing.

3. Discuss the role of housing in national, county and community development

1.9 SELF-TEST QUESTIONS

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1. Using relevant examples, define the following terms

a) Forced evictions

b) Decent environment

c) Squatter settlements

2. Using relevant examples explain the psychological perspective of looking at housing for

the Community members.

3. Explain five roles of housing in sustainable economic development

4. Explain five roles of housing in social development

1.9.1 ANSWERS TO SELF-TEST QUESTIONS

ANSWER Q1:

✔ Forced evictions- refer to the removal of people from their homes or lands against their

will, directly or indirectly attributable to the State e.g. the Karura forest evictions.

✔ Decent environment- This is a natural surrounding free from pollution and wastes which

has facilities like sewage disposal, water supply, open spaces etc.

✔ Squatter settlements- an illegal land occupation where the inhabitants by whatever

means come up with structures on land that does not belong to them e.g. Coast and rift

valley

ANSWER Q2: Psychological perspective

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Presents humans as being motivated toward the satisfaction of certain psychic and

psychological needs that arise primarily from factors within the individual. The main question to

be answered is “does the current housing meet the individual psychic needs?” Psychologically,

housing should satisfy personality needs such as self –fulfillment, privacy and the like.

ANSWER Q3: Sustainable Economic Development

✔ Investment: housing is a major family asset and many community members put up resources

to acquire housing assets.

✔ Source of employment: the housing sector employs various community members.

✔ Industrial development for income and job creation: production industries are located in

buildings/housing and this contributes a lot to economic development of the country.

✔ Housing triggers growth in other related sectors like the investments in building materials,

transportation, furniture development and marketing.

✔ Generate income:

✔ Tool of production/Business premises

✔ Contributes to market growth e.g. the stock exchange, sale of housing products like cement

✔ Contributes to the GDP (Gross Domestic Product) of the country.

ANSWER Q4: Role of housing in social development

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▪ Attainment of the international agreements and development goals: housing is

instrumental in the attainment of international human rights like right to shelter and

attainment of goals the Sustainable Development Goals (SGDs) and the vision 2030.

▪ Controls social unrest-lack of access to decent and affordable housing can lead to social

unrest in a country making a state ungovernable

▪ Promotes the growth of human social relationships e.g. through marriage, neighbors,

working together thus increasing access to social capital for community members

▪ Promotes social satisfaction for individual members: decent home ownership has been

known to promote satisfaction among the community members

▪ Enhanced health and well-being: staying in safe, secure and decent housing and

environments promotes the health outcomes of many members including children.

▪ Enhanced human dignity

▪ Improved safety and security: for instance through protection from harsh climatic

conditions, wild animals and putting of housing security features like alarm systems,

perimeter wall that protect life and property

▪ Promotes sense of belonging and privacy to the community members.

1.10 FURTHER READING

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Read more on the role of housing in national and community (economic, social,

physical) development. Available online at http: www:/Affordable-Housing-as-a-Platform-for-

Improving-Family-Well-Being-June-2011.docx.pdf

VIDEO

Poor housing and its implications on the health of children. Watch the video link below and

explore the contents.

https://www.youtube.com/watch?v=R4ZZD_CYSB8
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LESSON TWO: TYPES OF HOUSING ALTERNATIVES AND LAND TENURE

SYSTEMS

2.1 INTRODUCTION

In the second lesson of this course, we focus on types of housing alternatives and land

tenure systems. We will look at housing tenure – buying, renting, building, public housing and

emergency housing. We will also look at types of land and housing tenure systems – community

land tenure system, rental, property lease, private land tenure, and public ownership.

2.2 LESSON OBJECTIVES

By the end of this lesson you should be able to:

Discuss types of housing alternatives in Kenya

Expound on the types of land tenure systems

2.3 LESSON OUTLINE

i. Introduction
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ii. Lesson objectives

iii. Land tenure

iv. Tenure security

v. Violations to land ownership in Kenya

vi. Gender issues in security of land tenure

vii. Housing tenure

viii. Land tenure system in Kenya

ix. Summary

x. Self-test questions and answers

xi. Activity

xii. Glossary

xiii. References

2.4 LAND TENURE SYSTEMS

In this section we will focus on the different land tenure systems.

2.4.1 Definition of key terms

We will begin by defining common terms we will meet in the course. These are presented in this

sub-section:

▪ Land tenure : This is the set of rules established by the state or by custom that

determine how land is used, possessed, leveraged, sold, or in other ways disposed of

within societies. These rights are registered in national databases and may accrue to
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individuals, families, communities, or organizations. Land property rights are

registered to families, individuals, or organizations for the land they occupy or use

under customary law or unofficially. In simple terms, land tenure systems determine

who can use what resources for how long, and under what conditions.

▪ Security of tenure: refers to the assurance that the land one owns or holds for an

agreed period of time or purpose is assured. Tenure security requires property rights

that are clear in purpose and duration and accepted as lawful and officially authorized.

▪ Rules of tenure: define how property rights to land are to be allocated within

societies. They define how access is granted to rights to use, control, and transfer land,

as well as associated responsibilities and restraints.

▪ Property: A right that a person has in an object such as land. In the case of land

tenure, it is every so often portrayed more specifically as property rights to land.

a) “real property”/“immovable property”: include land and fixtures (buildings,

trees, etc) that would be regarded as immovable

b) “Personal property” or “movable property”: include objects not considered

fixed to the land, such as cattle.

2.4.2 Overview of land tenure systems

Land tenure is a significant part of political, economic and social structures. It is multi-

dimensional, bringing into play technical, economic, institutional, legal, social, and political

aspects that are frequently ignored but must be taken into account. Land tenure relationships may

be well-defined and enforceable in a formal court of law or through customary structures in a

community. Alternatively, they may be relatively poorly defined with ambiguities open to
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exploitation. Land tenure systems refers to the terms and conditions under which rights to land

and land-based resources are acquired, retained, used, disposed off or transferred. In Kenya these

are disjointed, complex and varied. These land tenure systems affect housing patterns in the

country with reference to communal/ancestral, private and state/public land ownership.

Land tenure therefore includes a web of interconnected interests. These include:

i. Competing interests: when diverse groups have competing claims in the same parcel like

when two groups independently claim rights to sole use of a parcel of land resulting in

land disputes arise.

ii. Overlapping interests: when a number of parties are allocated diverse rights to the same

parcel of land (for instance one group may have lease rights while the other has right of

way)

iii. Overriding interests: when a supreme power (like state or community has the powers to

reallocate or allocate land through expropriation)

iv. Complementary interests: when diverse groups share similar interest in the same parcel

of land like when community members share common rights to grazing land)

In practice, most forms of land tenure systems holdings may be found within a given society.

Property rights include:

1. Use rights: growing subsistence crops, rights to use the land for grazing,

2. Transfer rights: right to transmit the land to heirs through inheritance, to reallocate use

and control rights, sell or mortgage the land and to pass on the land to others through

intra-community reallocations.
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3. Control rights: rights to make decisions on how the land should be utilized like deciding

who to benefit financially from the sale of crops and what crops can be planted

NOTE

Very often, the poor have only use rights. For instance women may have the right to use
some land to grow crops to feed the Community members, while her husband may collect the profits
from selling any crops at the market. That the exact manner in which rights to land are actually
distributed and enjoyed can be very complex and have effects on development.

2.4.3 Formal and informal land tenure rights

In broad terms, land tenure rights are often classified according to whether they are “formal” or

“informal”. These are discussed below:

▪ Informal property rights are those that lack official recognition and protection. In some

instances, unofficial property rights are illegal, i.e., held in direct violation of the law e.g.

squatters settlements. In many states, unlawful property holdings come up due to

inappropriate laws.

▪ Formal property rights may be regarded as those that are clearly recognized by the state

and which may be protected using legal means.

NOTE
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In other cases, property may be “extra-legal”, i.e., not against the law, but not

recognized by the law. In some states, customary property held by rural indigenous communities

falls into this category. A distinction often made is between statutory rights or “formally

recognized rights” on the one hand and customary rights or “traditional rights” on the other hand.

This difference is now becoming unclear in a number of states, especially in Africa, which give

formal legal recognition to traditional customary rights. Formal and informal rights may exist in

the same holding. For instance, in a country that forbids leasing, a person who holds officially

recognized ownership rights to a parcel may unlawfully lease out the land to someone who is

landless.

2.5 LAND ADMINISTRATION

This is the way in which the rules of land tenure are applied and made operational.

Land administration, whether formal or informal, comprises an extensive range of systems and

processes to administer:

a. Land rights: the allocation of rights in land; the delimitation of boundaries of

parcels for which the rights are allocated; the transfer from one party to another

through lease, loan, gift or inheritance, sale, and the arbitration of doubts and

disputes regarding rights and parcel boundaries.

b. Land valuation and taxation: the gathering of revenues through forms of land

valuation and taxation, and the settlement of land valuation and taxation disputes.

c. Land-use regulation: land-use planning and enforcement and the arbitration of

land use conflicts.

NOTE:
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Information on land, people, and their rights is important to effective land

administration since rights to land do not exist in a physical form and have to be represented in

some way. It is often recorded in some form of land registration and data system. In a customary

tenure, information may be held, unwritten, within a community through collective memory and

the use of witnesses. In a number of communities, those possessing informal land rights may

have “informal proofs” of rights, i.e., documents acknowledged by the community but not by the

formal state administration.

▪ An enforcement or protection component is crucial to effective land administration

since rights to land are valuable when claims to them can be enforced. A stable land

tenure system is one in which the results of protective actions are relatively easy to

predict. People who know their rights, and know what to do if those rights are infringed

on, are more able to protect their rights than those who are less knowledgeable. In a

recognized legal setting, rights may be enforced through courts, land tribunals. In a

customary tenure setting, rights may be enforced through traditional leaders like chiefs.

In both instances, members may be induced to recognize the rights of others through

informal mechanisms such as community pressures.

▪ Land administration actors: these are required to implement the procedures. In

customary tenure traditional leaders may play the principal role in land administration,

for instance in resolving disputes and allocating rights. In official setting, land

administration agencies including land survey, land registries, land valuation and

taxation, urban and rural development planning, and court systems. Where customary
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tenure has been recognized by the State, functional linkages are being set up between

state and traditional land administration bodies.

NOTE: The following highlights the importance of administration of land rights in

community development.

Formalization of the administration of land rights has been promoted as a pre-

requisite for economic development. This is because it:

▪ Reduced community conflicts over land ownership issue

▪ Improves credit access

▪ Increases tenure security

▪ Provides the incentive and ability for people to invest in making land improvements.

▪ Means to facilitate a land market, allowing land to move towards its “highest and best

use”.

▪ Protects communities against encroachment from outsiders (e.g., commercial farming

operations and even the State). In such cases, the community boundaries are defined, and

title to the land is registered in the name of the community.

2.6 ACCESS TO LAND

 31

In this sub-section we focus on access to land. People use a wide range of strategies

to gain access to land. This are discussed below:

1. Traditional access to land: this mainly works for the rural poor and is often based on

traditions. Customary rights to land in native societies, for instance, are usually

designed following their traditions and through the ways in which community leaders

assign land use rights to the members. These rights of access may have their origin in

the use of the land over a long period based on ancestral occupation and by the use of

land by ancestral societies. In such instances, it is through the act of original clearance

of the land and settlement by ancestors that rights are claimed.

2. Individual efforts such as:

▪ Inheritance or gaining access to land as an heir.

▪ Purchase, often using capital accumulated while working as migrants in urban areas.

▪ Leasing, or gaining access to land by paying rent to the owner.

▪ Squatting illegally on land.

▪ Adverse possession or prescription (the acquisition of rights through possession for a

prescribed period of time). In some countries, this may be the only method for small

farmers to gain formal access to vacant or abandoned land and to bring it into

productive use.
 32

▪ Sharecropping, or gaining access to land in return for paying the owner a percentage

of the production.

3. State efforts through land reform interventions like:

▪ Land reform interventions by states, often as a result of policies to correct historic

injustices and to distribute land more equitably.

▪ Provision of land for resettlement purposes e.g. for displaced communities.

▪ Land redistribution strategies which aim at giving the rural poor with access to land

and encouraging investment and efficiency in agriculture: In imposed redistributive

land reforms, land is taken by the state from large land holders and transferred to

landless and land-poor members with or without compensation.

▪ Provision of access to idle or under-utilised public land but most often private land

holdings have been the source conflict

▪ Beneficiaries facilitated to negotiate with land owners to purchase land using funds

provided by the State in the form of grants and/or loans.

2.7 TENURE SECURITY

Security of tenure is the certainty that a person’s rights to land will be acknowledged by

others and protected in cases of specific challenges. People with insecure tenure face the risk that

their rights to land will be threatened by competing claims, and even lost as a result of eviction.
 33

Without security of tenure, households are significantly impaired in their ability to secure

sufficient food and to enjoy sustainable rural livelihoods.

Security of tenure cannot be measured directly and, to a large extent, it is what people perceive it

to be. The characteristics of security of tenure may change from context to context. For example,

a person may have a right to use a parcel of land for a 6 month growing season, and if that person

is safe from eviction during the season, the tenure is secure. By extension, tenure security can

relate to the length of tenure, in the context of the time needed to recover the cost of investment.

Thus the person with use rights for 6 months will not plant trees, or invest in irrigation works or

take measures to prevent soil erosion as the time is too short for that person to benefit from the

investment. The tenure is insecure for long-term investments even if it is secure for short-term

ones.

2.8 LAND OWNERSHIP IN KENYA

In this sub-section we will look at the land ownership in Kenya. Land in Kenya is

owned by four different kinds of entities. These include:

▪ State/Public

▪ County councils

▪ Groups/organizations

▪ Individuals
 34

▪ PUBLIC/ STATE LAND

This is land owned by the government and dedicated to a specified public use or

made available for private uses at discretion of the government. It is land owned by the state on

which commercial development is prohibited. It is a tenure type in which the state is a private

landowner. In Kenya, this system originated from the Crown Lands Ordinance of 1902 which

declared that “all waste and unoccupied land in the protectorate was crown land”. Tax is paid to

use this land. Temporal or permanent structures can be put up but are destroyed when the state

is ready to use the piece of land for the purpose it was meant for. No refunding is done during

the eviction. Sometimes the state instills forced eviction without notice leading to damage and

loss of property. Such public land includes National reserves, road, forests, swamps, reserves,

markets e.t.c. This land cannot be bought but some malicious people just acquire the land for

example the recent eviction in Mau forest

Roads: By law, a road is any area of land that has been set aside, or dedicated, by legislation for

the use of the travelling public. Not all roads are currently being used by vehicles or pedestrians,

and some may never end up being used for that purpose. Under the Land Act 1994, “a road is

defined as an area of land, whether surveyed or un-surveyed, that is either:

● dedicated, notified or declared to be a road for public use

● Taken under an Act for the purpose of a road for public use (e.g. taken under the

Acquisition of Land Act 1967 and Transport Infrastructure Act 1994)”.

The term includes:

 35

● “a street, esplanade, reserve for esplanade, highway, pathway, thoroughfare, track or

stock route

● a bridge, causeway, culvert or other works in, on, over or under a road

● any part of a road.”

A road is not only the area covered by the actual road formation (carriageway) but encompasses

the entire area of land set apart for road purposes, from property boundary to property boundary.

(It does not matter whether a constructed carriageway exists.)

▪ PRIVATE LAND TENURE SYSTEM

This refers to land held by an individual or other entity. These can be in two forms

namely:

i. Freehold tenure

ii. Lease holds tenure.

i) Freehold tenure/privately owned

Freehold tenure is the lawful right to own a piece of property with no limitations on its use.

Freehold allows the owner to hold the land for an indefinite term. Freehold means the largest

amount of land rights which the self-governing entity can grant an individual. While it confers

unlimited rights of abuse and disposition; use, it is subject to the controlling powers of the state.

On such land a decent house can be built depending on the capability of the land owner. The

owner has total control over the exterior and interior design of the house but governing
 36

associations have policies to housing for town houses. Housing on such land are privately owned

and provide privacy and security to the owner. The rights and responsibilities attached to the

freehold tenure pass to the heirs of the owner upon death. Property maintenance, taxes and

zoning costs may be the responsibility of the owner. Property purchased through freehold tenure

may come with obligations imposed by governing bodies.

Advantages of Free-hold tenure system

✔ One has total control over use, control and transfer of the land

✔ Property developed on such land is more secure

✔ There is security of tenure which can encourage more long-term investments

✔ One has total control over internal and external developments

✔ Can use it as collateral to obtain loan for other investments

✔ Source of investment for the community members

Disadvantages of Free-hold tenure system

▪ Property maintenance, taxes and zoning costs may be the responsibility of the owner.

▪ Property purchased through freehold tenure may still come with obligations imposed by

governing bodies like county by-laws, residence associations etc.

 37

▪ Incase of loss of property the owner incurs all the loss or damage

ii) Lease tenure: A transaction in which property is rented for use by one party with certain

limitations on its use. Such properties remain under the proprietorship of the original owner but

give the leaseholder certain rights relating to the property. Most leasehold tenure dealings have a

quantified termination date upon which all rights to the property go back to the original owner.

Leasehold tenure transactions may enforce certain responsibilities on the leaseholder as specified

under the contract. A decent house can be constructed on the land but on elapse of the lease, this

should be renewed or the owner of the land will take it back being a loss to inhabitant.

Advantages of a Leasehold

✔ A leasehold agreement provides the occupant with the right to sole use and possession of

real estate for a lengthy period of time. The landlord surrenders usage and other rights

during that time period, but maintains the ownership or property deed.

✔ Good for individuals who are not permanent citizens of that country as they have rights to

use and control the development on the land for the period they are still in that country.

✔ Reduces Initial Costs for the tenant: to construct buildings, typically one must

purchase the land, then construct the building. Often the land adds considerably to the

total cost of the project and extensively increases the initial development costs. Through

leasing, the tenant removes the need to purchase the land. By excluding land acquisition

costs, the tenant extremely reduces its general project set up costs
 38

✔ Tax Deductibility: Entering into a leasehold agreement enables the property owner to

avoid a lump-sum tax payment. Instead, the landlord records rental income from the

leasehold agreement and pays ordinary income tax on that income.

✔ Ownership Retention: Another benefit of leasehold for the landlord is retention of

ownership of the land or property. Enables companies to hold the property in its

collection for future use. Leasehold gives the landlord the right to develop the property

once the leasehold expires.

✔ Can help one set up business operations in strategic place one they would otherwise not

be able to afford or get land

Disadvantages of a leasehold tenure system

▪ Leasehold tenure transactions may enforce certain responsibilities on the leaseholder as

specified under the contract

▪ Most leasehold tenure dealings have a quantified termination date upon which all rights

to the property go back to the original owner.

▪ A decent house can be built on the land but on elapse of the lease, this should be renewed

or the owner of the land will take it back being a loss to inhabitant.

▪ One cannot plan for long-term developments as he/she may not be certain about the

renewal of the lease

▪ The lease may not be renewed at a very importune time

 39

▪ Cannot use it as collateral to obtain loan for other investments

iii) INFORMAL SETTLEMENTS TENURE SYSTEM

These are housing which does not conform to the laws and regulatory frameworks set up in the

environment in which it occurs. They occupy the land illegally and they come up with structures

on the land which is temporal mostly made of timbers, or iron sheets. The problems of ‘squatter’

and ‘informal’ settlement present a challenge for development in Kenya.

Advantages of informal settlements tenure systems

✔ Address the problem of landlessness in the sort-term

✔ One can use the chance to make profits on land at no added cost as the land is not paid for

✔ Can help resettle individuals after a disaster until their homes become habitable again

(emergency housing e.g. for internally displaced persons).

✔ Effective utilisation of idle land for production purposes

Disadvantages of informal settlements

▪ The essence of informal or spontaneous or squatter settlements is that it is without secure

tenure and/or
 40

▪ It is unplanned and thus may not receive supply of essential basic services like water.

▪ They are due to eviction at any time depending on the state or owners decision leading to

homelessness, property loss, physical and psychological distress.

▪ Can lead to community conflicts with the owners of the land or state and community

conflict

▪ Can lead to environmental degradation when the illegal occupancy affects protected lands

like water reservoirs

▪ Cannot use it as collateral to obtain loan for other investments

▪ One does not have control over the use, transfer and control of the land

iv) CUSTOMARY LAND TENURE SYSTEM

In this tenure system, rights are based on communal ownership of land where land is

allotted to a clearly defined group of individuals or users. These users may belong to a clan or

ethnic community. In this type of tenure we have different types as discussed below:

i) Pastoral land tenure system: This is land that signifies a way of life and social organization

based on livestock rearing as the primary economic activity. It is suited to the dry land and has

been adapted from generation to generation. Housing cannot take place on this particular land as

it is meant for grazing animals only and particularly the specific community. Pastoralists in such

communities put up houses at a central place together and they leave the rest of the land for
 41

animals to graze. They put up temporal houses e.g. the Massai Manyatta. They destroy the

houses and move to greener pastures during the dry season when their animals have no food.

ii) Communal land ownership land tenure system: Community land refers to land lawfully held,

managed and used by a certain community. It creates a powerful system of land allocation

regimes and tenure system intended to preserve the asset base for present and future generations.

Families and individuals are assigned rights to use the land in permanence, subject only to

effectives utilization. Communal land tenure system is land tenure were the whole community

has the right to own and use a piece of land. The definitive ownership vests in the community.

For such land:

a) Individuals and families receive “institutional land use rights” on the communal land

owned by traditional councils.

b) Traditional councils have full ownership of communal land through title deeds.

c) Traditional councils are liable for investment and development (including infrastructure,

mining) as well as natural resources (grazing and small scale agriculture and forestry)

Disadvantages

▪ Only members of that community can built a house on the land. A permanent structure

can be put up, and will be used by generations to come belonging to the same

community.

▪ Communities traditionally see land and kingship in a genealogical, map through which

access to land is attained.

 42

▪ The process of individualization of tenure, that is, land adjudication and or consolidation

and the eventual registered land act has undermined customary tenure in two material

respects.

▪ Privatization/individualization has diluted traditional resources management institutions

with the effect that there are no longer authentic authorities within the affected

communities that can implement the customary resource use regulatory mechanisms.

▪ Privatization/individualization led to the criticism of traditional land rights not thought to

amount to ownership such as family interests in land..

▪ There has been extensive abuse of trust in the context of both the trust land act and the

land representative’s act. In both cases, the law entrusted the management of community

land to representatives, however, they have in many cases abused their trust. Thus county

councils, which are the trustees of trust land, have in many cases disposed of trust land in

an unequal or unlawful manner. Further, in pastoralist communities the representatives

entrusted with the management of land have disposed of group land without consulting

the owners.

v) FOREIGN ACCESS TO LAND IN KENYA

The law provides that a person “who is not a citizen may hold land on the basis of

leasehold tenure only and any lease should not exceed ninety-nine years, regardless of any

document which purports to confer on a non-citizen an interest in land for a period longer than

that”.
 43

2.9 IMPORTANCE OF SECURITY OF LAND TENURE RIGHTS

In this section we will focus on the importance of security of land tenure rights in

communirty development. These are discussed below:

▪ It is a source of economic production. Land tenure offers the lawful and normative

framework within which all economics activities including agriculture are conducted.

▪ Land tenure, since it regulates access to land is a key variable in the management of soil

conservation, water resources, environmental and natural resources and also wildlife

management.

▪ When community members hold secure tenure rights, they provide individuals

motivation to invest in resource conservation whether for the individual or group of and

to use land in a sustainable manner.

▪ Land tenure promotes environmental sustainability as individuals are willing to put in

resources and protect the resources on land that they are certain is theirs.

▪ Reduces social conflicts that result from conflicts over land ownership. This can result in

intertribal, community and family wars and conflict.

▪ Lack of proper land tenure systems can result in forced evictions which displace

individuals from their homes and resulting in loss of property and sometimes land.
 44

▪ The extent to which community members are able to be food-secure depends in large part

on the chances they have to escalate their access to properties such as land, as well as

admittance to markets and other economic breaks. People who have widespread rights to

land are normally more capable of enjoying a sustainable livelihood than those who have

only restricted rights to land while those with restricted rights are, in turn, more often

well off than those without land.

▪ Land tenure is also vital in rural development strategies that adopt a rights-based

approach to programming. When working in in rural areas, a rights-based approach to

programming must tackle the rights to land that the recipient groups in the project or

programme have.

▪ Land tenure is vital in rural development strategies which put emphasis on enhancing

member’s possession of assets that can enable them enjoy sustainable livelihoods.

Property rights to land are therefore one of the most potent resources accessible to

members to enhance and extend their assortment of assets beyond land and labour to the

full range needed for sustainable livelihoods, i.e., natural resources, social, human, and

financial capital as well as physical assets.

▪ Rights to land are also a basis of social relationships and cultural values, and a source of

prestige and often power.

▪ Prevents illegal occupation of land thus reducing the burden of squatters and growth of

slums

2.10 EQUITABLE AND SUSTAINABLE ACCESS TO LAND FOR DEVELOPMENT

 45

Access to land should be assured for all citizens on the basis of equity, fairness,

sustainable management and efficient utilization of the land. This will prevent squatters and

growth of slums. The following are factors that should be implemented to ensure that there is

equitable access to land among citizens:

✔ Trans-generational access to land: There should be clear legislative framework for

protecting the rights of all Kenyans to land for current and future generations, to enable

all to meet their physiological needs that are shelter and avoid depression in life.

✔ Access to land for basic livelihood: Direct participation and involvement of all citizens

including marginalized groups should be in access, use and control land and based

resources.

✔ Access for investment (Security of tenure systems set up for land ownership):

Security of tenure systems set up for land ownership mechanisms for access to land

should be put in place and guarantee all citizens access for investment purpose and

development of the land in any way as pleases the owner.

✔ Access for non-citizens: Under the present law, any person, a citizen or foreigner, can

apply and be allocated land any permissible use within the urban areas ranging from

residential and industrial. Regulating non-citizen ownership of land is a principle

employed by a number of countries to prevent citizens from becoming landless and

homeless in their own country.

 46

✔ To encourage access to land with clear legal guarantees to non-citizens and directly from

landowners for investment purposes only in accordance with their investment objectives.

Non-citizens and foreign companies interested in acquiring land for investment purposes

should acquire renewable lease hold contracts and ensure that their investment assets are

protected by law. For that purpose, the standard lease-hold term for leased investment

purposes should not exceed 99 years.

2.11 HOUSING TENURE SYSTEMS

In this section we will look at the different housing tenure systems and their

advantages and disadvantages as discussed below:

2.11.1 BUYING A HOUSE

Owning a home is an accomplishment that most people want to achieve. There are

several ways to own a property in Kenya with the most popular being buying or building a

house. It should be noted that building a property involves a lot of procedures.

It is important to be alert so as to avoid any complications once you have paid your hard earned

money. Buying a property has its own advantages and disadvantages. It all depends on a person’s

financial position and preference.

2.11.2 RENTING A HOUSE

 47

When renting, one enters into an official contract with their landlord for a specified

period of time (can be 1 month to 6 months). Renting is frequently the least costly housing

option and the easiest for a Community member’s budget as one can select a house in the range

they can easily afford to pay for without straining. One just needs to set monthly expenses,

nominal maintenance liability, and the possibility of relocating is relatively fairly easy when ones

contract with the landlord expires. When one is not sure of how long they will stay in a place

renting is the best option. In some cases, you may even be able to get a month-to-month lease if

you need more flexibility.

Living in apartment blocks gives one access to more facilities than other rental options, and they

are usually inclusive of the monthly rent. Whereas apartments offer an immense flexibility, they

do not offer much privacy. At the same time, renting provides limited responsibilities for

maintenance, and it gives you one monthly amount to pay for a place to live.

2.11.3 BUILDING/OWNING A HOUSE

Ownership of homes can be achieved through building or inheriting of houses. Two

general rules of thumb in house purchase is that:

✔ A member can afford to purchase a home valued at three times of their annual income

✔ Community members should not spend more than 30% of their income to rent a unit.
 48

Most low income Kenyans want to have a home of their own but are unable to because of the

following reasons:

▪ Soaring prices of available land

▪ Obstacles to reasonably priced alternatives such as common ownership of land.

▪ Strong controls on squatting

▪ Limited land security to land due to long battle with government bureaucracy

▪ High building expenses

▪ Restrictive building codes

▪ Limited finance options and existing financial legislation and regulation.

Benefits of building a house

i. Stability of Payments: the cost of paying of owner occupied housing is relatively stable

(costs of mortgages, taxes, insurance, utilities, and repairs) compared to renters who can

expect housing costs to rise steadily with rental increases mirroring those experienced by

the owners and the increase in market rates.

ii. Control of external and internal Design: Home owners have the total control over the

external and internal design of their homes. However, this is still restrictive in case of

people owning apartments, flats and town houses as the governing associations that may
 49

have certain rules and regulations relating to decorations (e.g., no tall trees in the grades),

the kind of paint work to be applied (no bright painted houses) to which owners must

abide.

iii. Equity: For owners they establish cash value in their houses/assets over time which can

be used as security to borrow money for other uses.

iv. Control of Activities: Owners generally have power over activities in their homes within

limits of the law and those of any cooperatives or housing associations they belong to.

v. Stability of Residence: Owners experience more stability as they have a home for as

long as they choose to remain in it and are able to continue to pay the related costs of

purchasing the house like mortgage and tax payments.

Disadvantages of owning a house

i. High entrance Costs for Housing: Owners often face significant costs in securing a

home loan like down payment, loan application fees, and lawyer fees; these costs

generally represent 2 -10% or more.

ii. Unexpected Costs: Owners must be prepared to face unforeseen, important, and

inevitable costs related to repair or replacement of major fittings, heating and lightning

and plumbing systems; and structural layout of the house like the roof etc.

iii. Property Upkeep: Generally home owners are accountable for maintaining the external

of the house and the surrounding space.

iv. Reduced flexibility to move: Home ownership restricts free movement of the

Community members involved. Normally, renters have more freedom to move so long

they obey the terms of the renting contract on the notice period required.
 50

2.11.4 PUBLIC HOUSING

Public housing is the housing development or funding for construction undertaken by the

government. This type of housing is mainly aimed at providing housing for civil servants, middle

and low-income families and to minimize or control the price speculation in the private

market. Public houses are mainly developed by County or national governments. Examples

include Jericho, Maringo in Nairobi, Kenya.

2.11.5 EMERGENCY HOUSING

When families face various disasters, it can lead to destruction of their property and homes i.e

their homes may become inhabitable or inaccessible. This may include victims of disasters like

flooding, fires or landslides. Temporary housing is constructed in these times of crisis to provide

temporary shelter to those affected by the disasters or calamities. The disputed 2007 presidential

elections in Kenya led to lots of violence which led to displacement of many families. This

increased the demand for temporary housing in the country to accommodate those displaced by

the violence. Temporary housing is often constructed by NGOs, the government and other well

wishers. Families do not pay for temporary housing accommodation but the houses is not strong,

secure and do not protect the members against harsh weather conditions.

2.12 CHALLENGES IN LAND TENURE SYSTEMS

In this section we shall focus on the challenges in land tenure systems. These are

discussed below:
 51

i. These various forms of tenure can create a complex pattern of rights and other

interests. A particularly difficult condition occurs when statutory rights are approved in a

way that does consider existing customary rights (like for agriculture and grazing). This

clash of de jure rights (existing because of the formal law) and de facto rights (existing

in reality) usually occurs in already stressed marginal rain fed agriculture and pasture

lands.

ii. Tribal clashes over grazing and agricultural land (competing interests over the same

parcel of land)

iii. Community conflicts over land ownership and rights

In conflict and post-conflict areas, encounters between settled and displaced

populations lead to great uncertainties as to who has, or should have, the control over

which rights.

iv. State and community conflicts: for example, state ownership is legally declared and

state grants or leases have been made without consultation with customary owners (who

are not considered illegal)

v. Illegal occupancy of land where squatters move illegally onto the land.

2.13 POSSIBLE SOLUTIONS TO CHALLENGES EXPERIENCED IN LAND TENURE

SYSTEMS
 52

✔ Involvement of communities (ancestral land owners, land buyers, squatters) in dialogue

and discussion forums on land issues by the government and other relevant stakeholders

–Everyone’s opinion should be taken seriously

✔ Advocacy for formulation of policies on land tenure/land rights and putting up systems

for their implementation

✔ Setting up land management committees at community level to ensure proper usage of

land and be involved in land buying and selling agreements to avoid conflict among

locals and buyers in future

✔ Inclusion of both men and women in land management committees to inco-operate

diverse gender views on land matters

2.14 SUMMARY

In this lesson, we have learnt the types of housing and land tenure. We have learnt

types of land and housing tenure systems – community land tenure system, rental, property

lease, Private land tenure system. We also focused on the issues of land tenure; land

administration and their importance in community development. In particular we looked at the

advantages and disadvantages of the different land and housing tenure to the community

members. We have also learnt more about housing tenure i.e. buying, building, public housing,

emergency housing. In the next lesson we will look at the analysis of the global, regional and
 53

national housing situation.

2.15 ACTIVITY

1. You have been charged with the responsibility of looking for housing for your brother who

is in the USA and he has two children and his wife. They are coming back to stay in Kenya.

What factors would you consider when selecting a suitable house for them to purchase?

2. Look around your community and identify the different types of houses available there?

Describe the features of each type of housing.

3. One of the contentious issues currently discussed in the current draft. Constitution is that of

land ownership. Discuss the relationship between land tenure systems and housing in Kenya

4. Discuss 5 types of housing alternatives in Kenya

5. Expound on two types of land tenure systems

6. Discuss 5 challenges of freehold land tenure systems in Kenya

2.16 SELF TEST QUESTIONS

1. Describe 5 benefits of building your own house

2. Mention 4 disadvantages of informal settlement tenure system

3. Highlight 5 disadvantages of leasehold land tenure systems

 54

4. Describe 5 advantages of Free-hold land tenure system

5. Describe 5 importance of security of land tenure rights

2.17.1 ANSWERS TO SELF-TEST QUESTIONS

Answer to Q1:Advanatages of owning your own home

✔ Stability of Payments: the cost of paying of owner occupied housing is relatively stable

(costs of mortgages, taxes, insurance, utilities, and repairs) compared to renters who can

expect housing costs to rise steadily with rental increases mirroring those experienced by

the owners and the increase in market rates.

✔ Control of external and internal Design: Home owners have the total control over the

external and internal design of their homes. However, this is still restrictive in case of

people owning apartments, flats and town houses as the governing associations may

have certain rules and regulations to which owners must abide.

✔ Equity: For owners they establish cash value in their houses/assets over time which can

be used as security to borrow money for other uses.

✔ Control of Activities: Owners generally have power over activities in their homes within

limits of the law and those of any cooperatives or housing associations they belong to.
 55

✔ Stability of Residence: Owners experience more stability as they have a home for as long

as they choose to remain in it and are able to continue to pay the related costs of

purchasing the house like mortgage and tax payments.

Answer to Q2: Disadvantages of informal settlements

▪ The essence of informal or spontaneous or squatter settlements is that it is without secure

tenure and/or

▪ It is unplanned and thus may not receive supply of essential basic services like water.

▪ They are due to eviction at any time depending on the state or owners decision leading to

homelessness, property loss, physical and psychological distress.

▪ Can lead to community conflicts with the owners of the land or state and community

conflict

▪ Can lead to environmental degradation when the illegal occupancy affects protected

lands like water reservoirs

▪ Cannot use it as collateral to obtain loan for other investments

▪ One does not have control over the use, transfer and control of the land

Answer to Q3: Disadvantages of a leasehold tenure system

▪ Leasehold tenure transactions may enforce certain responsibilities on the leaseholder as

specified under the contract

 56

▪ Most leasehold tenure dealings have a quantified termination date upon which all rights

to the property go back to the original owner.

▪ A decent house can be built on the land but on elapse of the lease, this should be renewed

or the owner of the land will take it back being a loss to inhabitant.

▪ One cannot plan for long-term developments as he/she may not be certain about the

renewal of the lease

▪ The lease may not be renewed at a very importune time

▪ Cannot use it as collateral to obtain loan for other investments

Answer to Q 4: Advantages of Free-hold land tenure system

▪ One has total control over use, control and transfer of the land

▪ Property developed on such land is more secure

▪ There is security of tenure which can encourage more long-term investments

▪ One has total control over internal and external developments

▪ Can use it as collateral to obtain loan for other investments

▪ Source of investment for the community members

 57

Answer to Q5: Advantages of security of land tenure system

▪ It is a source of economic production. Land tenure offers the lawful and normative

framework within which all economics activities including agriculture are conducted.

▪ Land tenure, since it regulates access to land is a key variable in the management of soil

conservation, water resources, environmental and natural resources and also wildlife

management.

▪ When community members hold secure tenure rights, they provide individuals motivation

to invest in resource conservation whether for the individual or group of and to use land

in a sustainable manner.

▪ Land tenure promotes environmental sustainability as individuals are willing to put in

resources and protect the resources on land that they are certain is theirs.

▪ Reduces social conflicts that result from conflicts over land ownership. This can result in

intertribal, community and family wars and conflict.

▪ Lack of proper land tenure systems can result in forced evictions which displace

individuals from their homes and resulting in loss of property and sometimes land.

▪ The extent to which community members are able to be food-secure depends in large part

on the chances they have to escalate their access to properties such as land, as well as

admittance to markets and other economic breaks.

 58

▪ Land tenure is also vital in rural development strategies that adopt a rights-based

approach to programming. When working in in rural areas, a rights-based approach to

programming must tackle the rights to land that the recipient groups in the project or

programme have.

▪ Property rights to land are therefore one of the most potent resources accessible to

members to enhance and extend their assortment of assets beyond land and labour to the

full range needed for sustainable livelihoods, i.e., natural resources, social, human, and

financial capital as well as physical assets.

▪ Rights to land are also a basis of social relationships and cultural values, and a source

of prestige and often power.

2.18 FURTHER READING

Read further on what is land tenure. Can be accessed online from:

http://www.fao.org/docrep/005/y4307e/y4307e05.htm

VIDEO PRESENTATION

We now look at the following videos highlighting the lesson content

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Topic: Effect of landownership on Women in Africa

Video link: https://www.youtube.com/watch?v=9zD-

Activity: Watch the video carefully and summarize the key issues

Topic: Types of housing alternatives

Video Link: https://www.youtube.com/watch?v=uKgzyqOL5QI

Activity: Watch the video carefully and summarize the key features of the different housing

alternatives.

2.19 GLOSSARY

▪ Freehold tenure is the legal right to own a piece of property without any limitations on

its use

▪ Roads: By law, a road is any area of land that has been set aside, or dedicated, by

legislation for the use of the travelling public

▪ Public land tenure systems: This is land owned by the government and dedicated to a

specified public use or made available for private uses at discretion of the government

▪ Communal land tenure system is a land tenure were the whole community has the right

to own and use a piece of land

▪ Land tenure : This is the set of rules established by the state or by custom that determine

how land is used, possessed, leveraged, sold, or in other ways disposed of within societies
and rights may accrue to individuals, families, communities, or organizations. These
rights are registered in national databases. Land property rights are registered to families,
individuals, or organizations for the land they occupy or use under customary law or
 60

unofficially. In simple terms, land tenure systems determine who can use what resources
for how long, and under what conditions.

▪ Security of tenure: refers to the assurance that the land one owns or holds for an agreed

period of time or purpose is assured. Tenure security requires property rights that are
clear in purpose and duration and accepted as lawful and officially authorized.

▪ Rules of tenure: define how property rights to land are to be allocated within societies.

They define how access is granted to rights to use, control, and transfer land, as well as
associated responsibilities and restraints.

▪ Property: A right that a person has in an object such as land. In the case of land tenure, it

is every so often portrayed more specifically as property rights to land.

▪ “real property” /“immovable property”: include land and fixtures (buildings, trees,

etc) that would be regarded as immovable

▪ “Personal property” or “movable property”: include objects not considered fixed to

the land, such as cattle.

▪ Competing interests: when diverse groups have competing claims in the same parcel

like when two groups independently claim rights to sole use of a parcel of land resulting
in land disputes arise.

▪ Overlapping interests: when a number of parties are allocated diverse rights to the same

parcel of land (for instance one group may have lease rights while the other has right of
way)

▪ Overriding interests: when a supreme power (like state or community has the powers to

reallocate or allocate land through expropriation)

▪ Complementary interests: when diverse groups share similar interest in the same parcel

of land like when community members share common rights to grazing land)

▪ Land Use rights: growing subsistence crops, rights to use the land for grazing,
 61

▪ Land Transfer rights: right to transmit the land to heirs through inheritance, to

reallocate use and control rights, sell or mortgage the land and to pass on the land to
others through intra-community reallocations

▪ Land Control rights: rights to make decisions on how the land should be utilized like

deciding who to benefit financially from the sale of crops and what crops can be planted

▪ Informal property rights are those that lack official recognition and protection. In some

instances, unofficial property rights are illegal, i.e., held in direct violation of the law e.g.
squatters settlements. In many states, unlawful property holdings come up due to
inappropriate laws.

▪ Formal property rights may be regarded as those that are clearly recognized by the state

and which may be protected using legal means.

▪ “Extra-legal”, i.e., not against the law, but not recognized by the law.

▪ “De jure rights” (existing because of the formal law) and de facto rights (existing in

reality) usually occurs in already stressed marginal rain fed agriculture and pasture lands.

▪ Rent-The consumer is a tenant who receives the exclusive possession and use of

property, usually in exchange for payment of a specific amount after a given time period.

▪ Owning a house-individual acquires the rights to inhabit and make decisions about the

dwelling place.

▪ Cooperative housing- this is where individuals acquire housing by accumulating enough

money through group saving and contribution through the housing cooperatives/Saccos to
construct the houses and decide on the allotment system.

▪ Lease: this is where the renter and the landlord enter an agreement to use the house for

some period of time like 25 years.

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▪ Emergency housing this is the temporary housing intended to provide a dwelling place

for people who have been affected by disasters or misplaced. This may include housing
for Internally Displaced Persons (IDPs), refugees, victims of flooding etc.

▪ Cost-amount of resources you spend and acquire for housing- money spent on rent,

mortgage payments, utilities, and home maintenance.

▪ Living space- consists of size of living room, size of kitchen, quantity/number of

bathrooms and quantity/number of bedrooms.

▪ Housing- is the dwelling itself and all that is within it and near it that is the house, the

neighborhood and community.

▪ Apartment: this refers to rooms or suites built to provide residence and usually located

in a larger building which are occupied by many household.

▪ Leasehold: Leasehold term confers upon the owner a limited term which can be extended

upon expiry. The Constitution therefore limits the tenure for non-citizens to not more
than 99 years.

▪ Lease: A transaction in which property is rented for use by one party with specified

limitations on its use is a leasehold tenure. Leasehold tenure properties remain under the
ownership of the original owner but allow the leaseholder certain rights pertaining to the
property. Most leasehold tenure transactions have a specified expiration date upon which
all rights to the property transfer back to the original owner. Leasehold tenure
transactions may impose certain obligations on the leaseholder as specified under the
contract.

▪ Condominium: this is a type of housing design where the many houses are build into a

building complex in which different housing units are owned by different people but the
common grounds like the compound and building structure, are equally owned by all the
owners.

2.20 REFERENCES
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Marie C., Dushimyimana S., Rohan Mark B. & Jaap Z. (2014). Land tenure security:
Revisiting and refining the concept for Sub-Saharan Africa's rural poor. Land Use
Policy, Vol.36, January 2014 PG. 231-238.

World Development, (2017). Women's Land Tenure Security and Household Human
Capital: Evidence from Ethiopia's Land Certification. World Development, Volume 98,
2017
HAL D. (2017). The invisible line: land reform, land tenure security and land
registration. Routledge
Lane, C. (2014). Custodians of the commons: pastoral land tenure in East and West Africa.
Earthscan.

National Land Commision (2013). Strategic plan: 2013-2018. Nairobi, Kenya.

E-RESOURCE
C, Glossop (2014). Housing and Development. Retrieved from: http//www.centreforcities.org
 64

LESSON THREE: ANALYSIS OF HOUSING SITUATION GLOBALLY

3.1 INTRODUCTION

In the previous lesson, we looked at the issues related to housing and development.

In lesson three we will look at the analysis of housing situation globally, focusing on housing

statistics in the European Union and in Kenya. We will then look at homelessness across the

world, the housing availability and the violations to housing rights. We will also look at the

human rights related to housing among the minority groups and how this slows down their

personal development and contribution to national development.

3.2 LESSON OBJECTIVES

By the end of this lesson you should be able to:

Analyze housing situation in the developed and developing world

Explore the causes of homelessness across the world

Discuss the challenges of housing development in developed countries

3.3 LESSON OUTLINE

i. Housing statistics in the European Union

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ii. Housing statistics in Kenya

iii. Homelessness across the world

iv. Housing availability and standards

v. Rights to adequate housing

vi. Violation of right to housing

vii. Minority groups and human rights related to housing

viii. Challenges of housing development in developed countries

ix. Refugees’ housing challenges and possible interventions

x. Summary

xi. Activities

xii. Self-test questions

xiii. References

3.4 HOUSING STATISTICS IN THE EUROPEAN UNION

We shall highlight an overview of statistics on housing in the European Union (EU) as at 2015,

focusing on dwelling types, tenure status (owning or renting a property), housing quality and

affordability. Decent housing, at an affordable price in a safe environment, is a fundamental need

and right. Ensuring this need is met is still a significant challenge in a number of European

countries even though meeting the needs is likely to alleviate poverty and social exclusion. In

2015, more than 4 out of every 10 persons (42.0 %) in the EU-28 (EU member states) lived in

flats, close to one quarter (24.1 %) in semi-detached houses and one third (33.3 %) in detached
 66

houses. The proportion of people living in flats was highest in Spain (65.9 %), Latvia (65.0 %)

and Estonia (62.6 %), while the share of people living in detached houses peaked in Croatia

(73.4 %), Slovenia (65.1 %), Hungary (62.1 %) and Romania (60.1 %); Serbia (66.1 %) and

Norway (61.2 %). A detached house is a free-standing or stand-alone residential house,

commonly known as a bungalow in Kenya.

3.4.1 Tenure status

In 2015, over one quarter (26.9 %) of the EU-28 population lived in an owner-occupied home for

which there was an outstanding loan or mortgage, while more than two fifths (42.5 %) of the

population lived in an owner-occupied home without a loan or mortgage. As such, 7 out of every

10 (69.4 %) persons in the EU-28 lived in owner-occupied dwellings, while 19.7 % were tenants

with a market price rent, and 10.9 % were tenants in reduced-rent or free accommodation. More

than half of the population in each EU Member State lived in owner-occupied dwellings in 2015,

ranging from 51.8 % in Germany up to 96.5 % in Romania. In Sweden (63.4 %) and the

Netherlands (60.1 %) more than half of the population lived in owner-occupied dwellings with

an outstanding loan or mortgage; this was also the case in Iceland (62.8 %) and Norway

(61.9 %).

3.4.2 Housing quality

In 2015, 16.7 % of the EU-28 population lived in overcrowded dwellings. The highest

overcrowding rates among the EU Member States were registered in Romania (49.7 %) and

Poland (43.4 %), while rates above 50 % were recorded for Serbia (53.4 %) and the former

Yugoslav Republic of Macedonia (51.1 %), with Turkey (45.9 %, 2013 data) also recording a

relatively high overcrowding rate. By contrast, Cyprus (1.4 %), Belgium (1.6 %), the

Netherlands (3.3 %), Ireland (3.4 %) and Malta (3.5 %) recorded the lowest rates of
 67

overcrowding, while seven other EU Member States as well as Norway, Switzerland (2014 data)

and Iceland all reported less than 10.0 % of their respective populations living in overcrowded

dwellings.

3.5 HOUSING STATISTICS IN KENYA

The Constitution of Kenya 2010 and the National Development Plan, Vision 2030 Strategy have

targeted the provision of 200,000 housing units annually for all income levels. However, the

production of housing units is currently at less than 50,000 units annually, well below the target

number, culminating in a housing deficit of over 2 million units, with nearly 61% of urban

households living in slums. This deficit continues to rise due to fundamental constraints on both

the demand and supply side and is exacerbated by an urbanization rate of 4.4%, equivalent to 0.5

million new city dwellers every year.

According to World Bank 2017, Kenya needs 2million more low-income homes, adding that

building them would boost Kenya’s economic growth. The inaccessibility of affordable housing

finance is highlighted by the fact that there are fewer than 25,000 mortgages outstanding.

Mortgage debt in 2015 represented 3.15% of GDP, substantially lower than in developed

countries. Banks have limited access to long-term funding and few institutions have accessed

capital markets to fund mortgages. World Bank recommends that Kenya ought to explore the

role of SACCOs to help bridge the gap in the housing finance market. As cited in Noppen, A.V

(2013), 20% of Kenyans live in cities, and the urban population is growing at a rate of 4.2%

every year. With this level of growth, Nairobi requires at least 120,000 new housing units

annually to meet demand, yet only 35,000 homes are built, leaving the housing deficit growing
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by 85,000 units per year. As a result of this mismatched supply and demand, housing prices have

increased by 100 % since 2004. A situation that pushes 60% of lower income residents out of the

formal housing market into the slums. Noppen (2013) further reported that Kenya’s housing

challenge is extreme, with the average price for an apartment in the capital city of Nairobi going

for KES 11.58M (USD 136,000), up from KES 5.2M (USD 61,000) in December 2000. Adding

that by the year 2013, there was no home on the formal market below KES 2M (USD 23,000), a

level that is completely unaffordable to low-income populations.

3.6 HOMELESSNESS ACROSS THE WORLD

The last time a global survey was attempted by the United Nations in 2005, an estimated 100

million people were homeless worldwide. As many as 1.6 billion people lacked adequate

housing (Habitat, 2015). Below is the overview of homelessness situation in selected countries

across continents such as North and Central America, Europe, Asia and Africa:

▪ North and Central America

In United States of America, on a single night in January 2013, there were 610,042 people

experiencing homelessness even though homelessness has declined by 9% since 2007 (HUD,

2013). In Canada, it is estimated that more than 235,000 Canadians experience homelessness in a

year, with more than 35,000 Canadians homeless on any given night and between 13,000 and

33,000 Canadians are chronically homeless (Homeless Hub, 2014). In Mexico City, an estimated

50% of people live in informal, low-income settlements (Housing Conference, University of

Glasgow,2009).
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▪ Homelessness in Europe

In 2013, 112,070 people declared themselves homeless in England, a 26% increase in four years

(Guardian, 2014). In Germany, in 2012, more than 284,000 people had nowhere to live, which is

a 15% increase compared to 2010 (Deutsche Welle, 2014). Since the 1980s, there has been a

50% reduction in the number of homeless people across Finland. This is associated with Finnish

national homelessness strategy (FEANTSA, 2012). The number of people in shelters for

homeless people in Luthuania increased by 25% between 2005 and 2012 according to

FEANTSA (2014).

▪ Homelessness in Asia

India is estimated to be the home to 78 million homeless people, including 11 million street

children (Business Standard, 2013). In Philippines, a quarter of the population lives below the

national poverty line (World Bank, 2012). It was estimated by UN (2008) that around 44% of the

urban population in Philippines live in slums. In Cambodia, more than 180,000 people live in

informal settlements in the capital city Phnom Penh (Youth Exchange, 2003) and there are

around 20,000 street children who are often the victims of human trafficking (City Journal,

2013).

▪ Homelessness in Africa

In South Africa, there is a housing deficit of 2.5 million homes, and 7.5 million South Africans

lack access to adequate housing. Of concern is that millions of those who have homes live in
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small, wooden shacks built in informal settlements (IRIN News, 2007). There are an estimated

24.4 million homeless people in Nigeria. This is a consequence of many factors, including rapid

urbanization and poverty (UNHCR, 2007), and currently mainly the terror by the terrorist group

Boko Haram. Some 650,000 Nigerians were displaced internally due to the conflict and 70,000

more are refugees in neighbouring countries (UNHCR, 2014). In Egypy, more than 15 million

people live in slum areas, of which 40% are located in Greater Cairo region (UN Habitat). In

Zambia, due to rapid urbanization and poverty, the country is facing a serious shortage of

housing. About 80% of houses in Zambia are informal and have inadequate access to basic

services (UN Habitat, 2008). In addition, SOS Children’s villages reported that about half a

million young Zambian children live on the streets each year. In 2007, two out of three of

Malawi’s urban residents lived in slums. Estimates of the percentage of the population living in

informal slum housing go as high as 90% in this country (AIDP, 2012). In Kenya, it is estimated

that there are 250,000-300,000 children living and working on the streets of Kenya (IRIN News,

2007). In the slums of Nairobi, people live in illegal temporary structures which can be

demolished at any time by the government. They rarely have sanitary facilities, although the

standard of dwellings can vary between different slums.

3.7 HOUSING AVAILABILITY AND STANDARDS

Housing is therefore, one of the most significant expenses for households, especially the ones in

developing countries. People in poorer countries face high land prices, complicated or

completely absent land titling processes, costly building materials, and low incomes or savings.

To manage this situation, many turn to a process called incremental building whereby people

build and expand their home over time as funding becomes available.

Some financial institutions offer housing finance loans to low-income people to help address this
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demand. Depending on the institution and product, loans may cover the renovation or expansion

of an existing home, construction of a new home, or basic infrastructure improvements, such as

electricity or sanitation. Mortgages to purchase land or a home are less common, but exist in

some markets. As with other microloans, housing finance loans are typically not secured by

collateral, and are largely based on either a group guarantee or other social capital.

The vulnerable, in particular women, children, persons living with disabilities, the elderly and

orphans, are worst hit in Kenya. Under the new devolved system of government, housing

delivery is the responsibility of the county governments. There is a risk that lack of effective

coordination and technical competence at local level can stifle the provision of housing. In

addition to limited access to land (68% of Kenyans are without land documentation or tenure

security). In addition, insufficient income and lack of affordable housing finance are limiting

factors for low-income families to improve their housing conditions.

3.8 RIGHTS TO ADEQUATE HOUSING

Adequate housing is important to the survival and living in dignity, peace and

security. Globally, many people are forced to leave their homes against their wish every year, or

live with the fear that they may be forced out of their homes without provisions relocation,

compensation or legal redress. Lacks of access to adequate housing infringes on the human rights

of individuals. For instance, without quality housing, it is difficult to secure and maintain

employment, leads to poor health outcomes, education is affected, one is prone to violence, it is

hard to enjoy privacy and social relations are frequently stressed.

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Elements of adequate housing

In terms of international Human Rights law, for housing to be adequate it must at a minimum,

afford the following essentials:

(a) Legal security of tenure

Housing should be able to afford security of tenure for the family in terms of owner-occupation,

rental (public and private), cooperative housing and leasing. Lack of security of tenure may mean

the family may have to stay in emergency housing and informal settlements or face forced

evictions. Security of tenure includes forms of land occupation of land or property. in spite of the

type of tenure, all people should enjoy a degree of security of tenure which assures them of legal

protection against forced eviction and harassment.

(b) Availability of integrated materials, facilities and infrastructure

An adequate house should contain certain amenities necessary for health, safety, ease and

nutrition. All house inhabitants should have continuous access to natural and social resources,

safe drinking water, energy source, heating and lighting, cleanliness and washing services, food

storage facilities, garbage disposal, drainage system and disaster/emergency services.

(c) Affordability

The cost of housing should be reasonable, accessible and attainable by families. When families

acquire housing this should not interfere with the attainment of other family needs like education

and health. The government should protect families against high cost of housing and ensure the

cost of housing is in line with income levels. These can be done through offering subsidies to

those unable to obtain affordable housing, as well as coming up with housing products and costs

that effectively reflect housing needs. In the same way, tenants should be protected by suitable

means against irrational rent rates or increases.

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(d) Habitability

This has to do with housing providing occupants with enough space and protection against harsh

elements like cold, heat and rain and other health related threats. Adequate housing must be

livable, in terms of providing the occupants with enough space and protecting them from harsh

climatic and environmental conditions like freezing, wet, high temperature, rain, storm or other

threats to health, structural dangers and infection vectors. The bodily safety of occupants must be

assured as well.

(e) Accessibility

This has to do with the convenience of the housing by various groups like the elderly, and

physically disabled. Adequate housing must be easy to get to those permitted to it. Deprived

groups must be provided with full and continuous access to adequate accommodation resources.

Therefore, such deprived groups as the terminally ill, elderly, refugees, children, physically

disabled, people with constant medical issues, sufferers of natural disasters, people staying in

disaster-prone areas should be provided with some degree of main concern in the housing sector.

The housing laws and policies should take into consideration the exceptional housing needs of

these groups.

(f) Location

Housing should allow uncomplicated access (e.g. close proximity) to important social amenities

and services like employment, health-care and education (Hakijamii, 2010). This is true both for

inhabitants of large cities and rural areas where the time and financial costs of travelling to and

from work can place too much strain on the income of poor households. Likewise, housing

should not be constructed close to or on dirty sites that threaten the right to health of the

occupants.
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(g) Cultural adequacy

Housing should be able to adequately ensure the expression of cultural individuality of the

families. The way housing is built, construction materials used and policies supporting these

must aptly allow the expression of the cultural identity and diversity of family members

inhabiting the house. The actions geared towards modernization in the housing area should

ensure that the cultural aspects of housing are not disregarded and contemporary scientific

facilities where appropriate are also ensured.

3.9 VIOLATION OF RIGHT TO HOUSING

Violation of right to housing happens when there is:

a) Lack of access to adequate housing

The poor are forced to live in dreadful conditions, on roadsides, near ecological hazards, in

slums, open parks, abandoned vehicles, or are squatters in abandoned buildings or on land

belonging to other people.

Homelessness-According to the Housing (Homeless Persons) Act 1977 those who are homeless

are supposed to be protected by the state. These include:

1) Those without a roof over their head

2) Those that are likely to lose the roof over their heads e.g squatters

A person is defined as being homeless if:

▪ She/he jointly with any person who usually lives with them has no place to live or
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▪ Cannot access her/his housing or

▪ It is likely that staying in his/her place of residence will lead to violence.

▪ His/her place of residence consists of a transportable structure and there is no place he is

allowed to put it and live in it

▪ Likely that the person will become without a roof over their head within 28 days.

In Kenya we add a few more such as people living in make-shift houses, living on the streets.

b) Lack of security of tenure

This is lack of lawful right to occupy and use one's residence and land. These places provide

some scanty protection from harsh climatic conditions and they lack the lawful right to access

housing or land. Many families face compulsory evictions and dislocation because of lack of

right to use land or building. A UN-Habitat 2008 study established that 60 to 80 percent of

inhabitants in Kenya’s cities live in informal settlements. These settlements are jam-packed, with

sub-standard housing and lack essential amenities such roads, education, facilities, and suffer

persistent insecurity (UN-Habitat and Republic of Kenya, 2008).

c) Violation of women rights and other vulnerable groups

This includes the lack of the support and safeguarding of women's right to housing. In addition,

already isolated groups like the poor, women, ethnic and racial minorities, elderly, are positioned

at bigger risk of experiencing violations of housing rights. Fear for the same rights of deprived

groups is a concern of the Human Rights interest groups. Human Rights publications highlight
 76

that all people have the identical basic rights and they should thus be able to benefit from them

without discrimination.

Human Rights papers also include rights that refer to minorities and provide them special

protections. For example:

▪ The Civil and Political Covenant in Article 27 states that persons belonging to ethnic,

religious, or linguistic minorities should be free to “enjoy their own language, culture,

confess and practice their own religion.”

Minority groups are often targets of brutality thus states are called upon to desist from such

violence and to provide protection against it.

d) Lack of access to integrated services and facilities

Many families in the developing world lack access to clean water, good drainage and sewage

systems, proper hygiene, aeration/heating, electricity and access to basic social services. Right to

use to safe clean water is a basic human need and right. Most of these social services are mostly

absent in many informal settlements.

e) Violation of land rights

These include the access and rights of all families and especially those of tribal and indigenous

people to their customary lands. Land is openly connected to the realization of a many Human

Rights, and thus is viewed as human right. It is easier to view land rights in terms of six types of

rights:

(1) Rights of the landless and homeless

(2) Rights of those unofficially in ownership of land (slum residents, squatters)

(3) Rights of those controlling land in customary or traditional law provisions that are not very
 77

secure (native peoples, many rural dwellers)

(4) Rights of those with official lawful title to land

(5) Rights of those that usually face prejudice in rightfully accessing land (women, disabled and

elderly)

(6) The rights of all persons to be protected against arbitrary or illegal forced eviction or

displacement from land by either the government or other private citizens.

NOTE: Internationally, land rights of aboriginal people of Australia are a critical issue.

3.10 MINORITY GROUPS AND HUMAN RIGHTS RELATED TO HOUSING

a) Women and human rights related to housing

Globally, women face ingrained barriers to the full satisfaction of their housing rights. These

barriers are often entrenched in practices of gender-based inequity and injustice, which

undermine women’s independence and negatively influence their ability to attain equal rights as

men. Women’s housing rights have increasingly gained the interest of the global community.

Advocates all over the world are recognizing that issues such as domestic violence and

disinheritance, experience of forced evictions, HIV/AIDS pandemic and food security, are all

basically closely connected to the theme of women’s housing rights. Women’s housing rights are

now seen in a more comprehensive way, thus, adequate housing consists of other basic

components, such as the right to clean and safe water and sanitation. Moreover housing is a place

of employment, promotes social relationships and a place to care for children. Women are also

mostly affected by forced evictions.

b) Children and human rights related to housing

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Globally, shielding children’s housing rights is a vital concern. The number of children who do

not have access to safe and secure housing the world over is high. Many children stay in

appalling conditions that make them susceptible to disease and even death. Many children in

developing countries live on the streets and many are homelessness. Some are orphans and

existence of child-headed homesteads is a manifestation of violations of children’s housing

rights. Others are compulsorily evicted children and refugees. Each of these groups faces unique

challenges such as gender-based and sexual violence, property grabbing, psychological distress

and gender-based discrimination.

c) Slum dwellers

Slums are associated with lack of durable housing, insufficient living space, lack of clean water,

inadequate sanitation etc. Due to the informal nature of their settlements, slum-dwellers often

lack security of tenure, which makes them vulnerable to forced evictions, threats and other forms

of harassment. UN-Habitat reports that around 2 million people, most of them slum-dwellers, are

forcibly evicted every year. The effects of forced evictions on slum-dwellers are often disastrous,

leaving them homeless and forcing them deeper into poverty.

d) Homeless person

Homeless households have been defined as “households without a shelter that would fall within

the scope of living quarters. They carry their few possessions with them, sleeping in the streets,

in doorways, or in any other space, on a more or less random basis.” poverty is a common

denominator in the experience of the homeless. Other causes or factors which make people more

vulnerable to homelessness are unemployment, lack of social security systems, lack of affordable

housing, forced evictions, non-availability of social housing, conflicts and natural disasters, as

well as a lack of attention to the needs of the most vulnerable.

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e) Persons with disability

There are more than 650 million persons with disabilities in the world, of whom approximately

80 per cent are living in developing countries. They generally experience several barriers to the

enjoyment of their right to adequate housing, including lack of physical accessibility, ongoing

discrimination and stigmatization, institutional hurdles, lack of access to the labor market, low

income and lack of social housing or community support. Accessibility remains a key issue.

Housing, housing-related facilities and neighborhoods’ are traditionally designed for people

without disabilities. The frequent exclusion and marginalization of persons with disabilities often

mean that they are rarely consulted when new housing structures or neighborhoods’ are

developed or slums upgraded. They are also vulnerable to associated violations of their rights.

For instance, lack of adequate sanitation facilities in informal settlements can pose severe

challenges to them.

3.11 CHALLENGES OF HOUSING DEVELOPMENT IN DEVELOPING COUNTRIES

There are numerous challenges facing development of adequate standard housing units in

developing countries. These challenges include;

▪ Limited economic growth and rapidly increasing populations

▪ Poverty and declining living standards thereby affecting financial ability to set up new

housing units

▪ High rates of migration from rural to urban areas

▪ Poor resource management among families and at national level

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▪ Growing squatter settlements in urban and peri-urban areas

▪ Inadequate serviced land and poor housing regulatory mechanisms and

▪ Lack of political stability and weak governance structures with regards to implementation

of housing policies

3.12 REFUGEES’ HOUSING CHALLENGES AND POSSIBLE INTERVENTIONS

Housing issues and concerns are inevitable among refugees. Many refugees face housing

challenges which include: over-crowding, unaffordable, substandard, ‘dirty,’ unpleasant and

poorly maintained accommodations. These dwellings do not meet basic maintenance standards,

neither regarding the cleanliness of the unit itself nor the structural feel of the entire property

(MOSAIC, 2002). Majority of refugees or immigrants live in sub-standard housing and face a

number of challenges. For instance, it is not uncommon for complaints to landlords and housing

managers of substandard dwellings, regarding such concerns as drafts, leaks, mold, pests, broken

appliances and insufficient heat during winter, to be ignored. Their security deposits are often not

returned to them. Some of them are forced to pay higher-than-normal six-month deposits

(newcomers are unable to access their deposits before six months). These regulations seem to be

implemented by landlords who require some assurance of security from immigrants.

3.12.1 SOCIO-ECONOMIC CHALLENGES FACED BY REFUGEES/IMMIGRANTS

WHEN SEEKING HOUSING IN HOST COMMUNITIES

Interactions with service providers

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Dealings with service providers are not always fruitful. Many agencies are having difficulty

managing caseloads due to an overloaded system. Refugees often feel they are being passed on

from agency to agency or being given the ‘run around’. Language difficulties often led to

children or another third person being relied upon for interpretation. Refugees feel, however, that

advocacy bodies/agencies have been helpful by listening to and acknowledging their concerns.

Interactions with landlords/housing managers

Attitudes of landlords towards immigrants and refugees frequently show prejudice and makes

use of stereotypes. This is the case no matter what the landlord’s own ethno cultural background

is. Refugees feel that some landlords rent housing only to applicants of their own religion and

cultural background (despite the landlords’ themselves being immigrants). Often the financial

status of immigrants and refugees (whether they are currently employed or relying on income

assistance) becomes a factor.

Larger families are often denied accommodation based on the number of family members.

With regards to substandard housing conditions, refugees claim that some complaints are

followed-up by government inspections. However, if the findings require landlords to upgrade

the units, tenants may experience an increase in rent as a result of the repairs. Cycle of

deprivation that immigrants and refugees experience increase deprivation because they seem to

be caught in a cycle that may prove difficult or impossible to break out of. This cycle includes

the following factors and hardships:

▪ little knowledge of culture of the host communities

▪ lack of acknowledgement of immigrants’ educational achievements and credentials

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▪ little available information on services offered to newcomers and instructions on

application processes

▪ lack of legal information on tenants’ rights and landlords’ responsibilities

▪ a low stock of affordable rental housing and

▪ difficulties encountered in finding employment or by working for minimum wage.

Cultural and racial differences

Refugees often claim that landlords and service providers make cultural and racial differences

apparent to them. Given the difficulties in understanding the language and the system many feel

they are being abused and taken advantage of by some insensitive landlords based on their

vulnerable situation.

Risk of homelessness

Many refugees across the world feel they are at greater risk of becoming homeless given their

status in the housing market.

Refugees are likely to feel unsafe and uncomfortable in temporary accommodation. The fear of

being at risk of homelessness seems an issue particularly felt by abused women with young

children and women fleeing from their spouses due to marital problems.

Sponsorship breakdown often means that refugees will be left with no permanent address, no

security of tenure, no basic health and safety standards and with only the option of temporary

lodging with family and/or friends.

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The process of settlement: Many refugees have to change accommodation several times before

feeling settled, safe and comfortable. The majority feel that the average amount of time it takes

to settle down is three to four years.

Lack of support services: Refugees have concerns about the lack of systematic support services

dedicated to helping refugees facing housing and homelessness issues. They feel they have to

seek service providers, advocates and other forms of information for and by themselves, and that

even then they are not fully aware of all the services available to them in their communities.

NOTE

Inability to access decent housing as a refugee or an immigrant poses psychological, mental,

physical and social challenges to people. This negatively affects their ability to exploit their full
potential in terms of personal development (education, identification and use of talent) as well as
participation in economic, social, political and technological advancements that can contribute to
the country’s development.

3.12.2 INTERVENTIONS THAT CAN ADDRESS HOUSING NEEDS OF REFUGEES

INCLUDE:

✔ Building more housing is necessary to meet their needs. These new units need to be

placed close to services such as schools, shopping areas, transportation and their ethnic

communities.
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✔ Agencies that assist in the integration process can guide immigrants on how to access

jobs and be able to afford decent housing for themselves and families.

✔ Service providers as well as landlords and housing managers need to be open-minded in

regard to different cultures and customs to enable refugees to settle fast.

✔ Since substandard housing is unacceptable, municipal housing policies need to further

address this issue and enforce tighter regulations on landlords who take advantage of

vulnerable newcomers.

✔ Increasing the stock of affordable housing through joint effort between the non-profit, the

government and the private sector: large housing units for large families.

✔ Greater access to immediate emergency housing: This situation could be improved by the

creation of more short-term-stay accommodations.

✔ Provision of on-site information and support to immigrants and refugees, they will

become major aids in the processes of societal adaptation and integration.

✔ Offering a range of ownership alternatives which include financial institutions offering

mortgages with lower rates, interest-free loans or tax breaks should be made available so

that people may at least have the opportunity to make a down payment.

✔ Upgrading of sub-standard housing which can the be occupied by the refugees

✔ Refugees made apparent the need for more innovative, comprehensive, coordinated, joint

and participatory approaches to solve their problem of substandard housing.

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✔ Greater cross-cultural awareness and training: The ignorance and insensitivity with which

immigrants and refugees are often treated calls attention to the need for the display of

greater cultural awareness by service providers, landlords and housing managers.

✔ Change of attitudes of all those involved in Refugees housing to dismiss their

preconceived prejudices and stereotypes and, rather, focus on treating everyone equally

and with respect.

✔ It is also considered of great importance for frontline agency staff to be able to speak a

variety of languages or get translators.

✔ More effective inter-agency communication channels for quick service delivery.

✔ Involvement and participation of immigrants and refugees Immigrant in creating policies

and practices that address their unique housing and homelessness issues is important.

They should be involved throughout the project cycle.

✔ Distribution of information and resources in different languages: especially during the

adaptation period when basic services and resources designed to assist in the process of

settlement are of great benefit. More interpretation and translation within agencies is also

vital. This measure will result in widespread public education—tenants will be aware of

their rights and of the channels through which substandard housing and irresponsible

landlords can be reported and dealt with. In addition, information should be simplified,

clarified, updated and made more easily accessible.

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✔ Tackling the cycle of deprivation: The cycle of deprivation consists of a culmination of

factors that keeps many immigrants and refugees in a feel of crisis. Training classes, job

training and counseling, educational advice and information on local services and

housing will make breaking the cycle of deprivation and advancing in the process of

integration easier for immigrants and refugees.

✔ Multi-agency and inter-agency functioning: multi-agency and inter-agency approach to

the housing issues and the risk of homelessness faced by immigrants and refugees seems

necessary in order to avoid the inefficient use of resources. Efficient cooperation between

agencies will facilitate, in essence, a ‘one-stop-shop’ system that will help ease the

pressure on new immigrants and refugees.

✔ A national housing strategy based on a partnership approach at the national, provincial

and county level is highlighted as one of the most comprehensive approaches to

alleviating housing problems for immigrants and refugees.

✔ The political will at the national, provincial and local level is needed. They need to

allocate funding and attention to more affordable housing” and also formulate supportive

laws and policies.

✔ To establish initiatives to create more short-term housing and emergency shelters and to

equip refugees with the information they need in order to be fully aware of their rights

and responsibilities, especially in regard to the law.

✔ A database of referral agencies could also be organized so that clients will not feel as

though they are being given the ‘run-around.’

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✔ Greater community initiatives: To build alliances and networks through neighborhood

associations. This neighborhood approach or local community approach to local issues

such as housing would aid all refugees in the community

3.13 SUMMARY

In this lesson, we have analyzed the global housing situation. We have

expounded more on housing availability and standards and the rights to adequate housing, some

of the violations minority groups such as refugees and immigrants face and interventions that can

possibly address those challenges.

3.14 ACTIVITIES

1. Explore the housing situation in:

a) Rural Kenya

b) Urban Kenya

3.15 SELF-TEST QUESTIONS

1. Discuss the rights to adequate housing

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2. Explain the challenges that developing countries face in housing development

3.16 FURTHER READING

Read more on Global Homelessness Statistics. Accessed online from:

https://homelessworldcup.org/homelessness-statistics/

Analyze the similarities and differences in the homelessness challenges across the world.

VIDEO PRESENTATION

Watch this video on challenges facing slum dwellers across the world.

https://www.youtube.com/watch?v=svVCgv_Zi-Q

Assignment: Analyze the key issues highlighted in the video clip

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LECTURE FOUR: ANALYSIS OF NATIONAL HOUSING POLICIES

4.1 INTRODUCTION

In the fourth lesson of this course, we shall try to understand the Kenya government policies
regulating the housing activities in rural and urban Kenya. These policies regulate the standard of
housing, growth of slums, environment considerations in housing, and rental section. Each
housing unit is expected to either abide by the policy regulation or risk demolition.
We shall also show why it is important for countries to have a housing policy. The housing
policy is meant to help regulate the actions of the housing division in the country in order to
ensure safety, environment protection and control the growth in the housing division. All these
factors affect development in various ways as we shall learn.

4.2 LESSON OBJECTIVES

At the end of this lesson you should be able to:
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1. Clarify the efforts being made by the government in slum upgrading and providing
decent housing to all citizens.
2. Explore the challenges that the low income people are facing in implementing the
housing policies and how these challenges can be addressed for sustainable development

4.3 LESSON OUTLINE

i. Overview of international policies on housing

ii. Other National Policies featuring housing

iii. Kenya national housing policy

iv. Elements addressed in the Kenya national housing policy, challenges and possible

solutions

v. Self test questions

vi. References

4.4 OVERVIEW OF INTERNATIONAL POLICIES ON HOUSING

The UN declaration of Human Rights of 1948 acknowledges that the right to adequate housing is

an important element of the rights to satisfactory standard of living which ultimately affects

development.

International overview of International treaties promoting right to adequate housing

 91

Housing rights were covered in Lesson Two, in this section we shall briefly look at other treaties

supporting right to adequate housing. Kenya government has ratified the following relevant

treaties:

1. International Covenant on Economic, Social and Cultural Rights (ICESCR) – Art. 11State

that:

The States Parties to the present Covenant recognize the right of everyone to an adequate

standard of living for himself and his family, including adequate food, clothing and housing, and

to the continuous improvement of living conditions. The States Parties will take appropriate

steps to ensure the realization of this right, recognizing to this effect the essential importance of

international co-operation based on free consent

2. International Convention on Elimination of Racial Discrimination (CERD) – (Art. 5(e)

captures:

iii) The right to housing

3. International Convention on the Rights of the Child (CRC) – Art. 27(3) States that:

States Parties, in accordance with national conditions and within their means, shall take

appropriate measures to assist parents and others responsible for the child to implement this

right and shall in case of need provide material assistance and support programmes,

particularly with regard to nutrition, clothing and housing.

4. African Charter on Human and People’s Rights (ACHPR)

5. Protocol to African Charter on Human and People’s Rights on the Rights of Women in Africa

– Art. 16.
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States that:

Women shall have the right to equal access to housing and to acceptable living conditions in a

healthy environment. To ensure this right, States Parties shall grant to women, whatever their

marital status, access to adequate housing

4.5 OTHER NATIONAL POLICIES FEATURING HOUSING

Here we will look at various national policies that in cooperate and promote the right to adequate

housing in Kenya as part of their human rights and poverty reduction agendas. These documents

in essence acknowledge that decent housing is a human right and a basic need without which a

country’s development can be compromised. These national policies include:

4.5.1 VISION 2030

The launch of Kenya’s vision 2030 was carried out in 2008. It is Kenya’s main national

development plan on which various government policies are based. Whereas the vision does not

openly place human rights at its hub, it covers components that are applicable to human rights

like the right of access to sufficient social amenities, including housing, water and sanitation

systems and the need to develop human being settlement systems. The vision advocates for a
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change of all urban planning processes so as to put in place circumstances for society who are

“adequately and decently housed in a sustainable environment”.

4.5.2 Draft National Policy on Human Rights, 2010

The Draft National Policy on Human Rights 2010 acknowledges that there are grave gaps in the

gratification of the right to adequate housing in Kenya. Thus the draft policy aims to oblige

governments to execute the National Housing Policy. In addition it urges the government to put

in place measures to upgrade slums and stem the explosion of slums. It further calls on state to

develop a legal structure for settlement of internally displaced persons (IDPs) and to adopt the

African Union (AU) principle on protection and Assistance of IDPs.

4.5.3 Paper No. 3 on National Housing Policy for Kenya, 2004

The growth of access to adequate housing for citizens has continuously been stressed in all key

national policy strategies, beginning with the 1966 Housing sessional paper 5. Consequently,

policy objectives touching on provision of adequate housing have been clearly explained in

various five-year National development Plans and Poverty Reduction Strategy Paper (PRSPs).

4.5.4 Sessional Paper No. 3 on National Land Policy 2009

It stresses the need for housing principally with regard to informal settlements, recommends

participatory consultation with affected communities strategies to be used to upgrade slums and

relocation programme under flexible tenure systems. In relation to evictions it proposes the

establishment of “an appropriate legal framework for evictions based on internationally

acceptable guidelines.

4.6 KENYA NATIONAL HOUSING POLICY

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The national housing policy is designated to tackle Kenya’s growing shelter need in the

framework of fast population growth, fast urbanization and prevalent poverty. The

implementation of the policy objectives are mainly coordinated by the ministry of housing.

“the overall goal of this Housing Policy is to facilitate the provision of adequate shelter and a

healthy living environment at an affordable cost to all socio-economic groups in Kenya in order

to foster sustainable human settlements. 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”.

4.6.1 Objectives of the Housing Policy

Housing policy includes to:

1. Ensure easy advancement on realization of the right to adequate housing by all citizens.

2. Approximate and put aside land for housing development in urban areas.

3. Get rid of existing legal and customary barriers to women’s equal access and power to

manage finance and land

4. Raise the amount of budgetary allotment for housing development.

5. Promote new ways of mobilizing finances by the vulnerable groups and increase access

to funds from the domestic markets by housing developers and to promote

6. Advance the existing collection of houses

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7. Assist the poor with low income in housing improvement and production

8. Promote research and make known the use of locally available and building technologies

and building materials.

9. Help in poverty reduction by creating employment among the poor through initiating

income generating activities, production of construction materials and construction

processes.

10. Promote the access of land and security of tenure for all social-economic groups.

11. Promote house ownership and promote healthy environment

12. Provide and advance rural and urban infrastructure

13. Mobilize resources and capacity building in order to aid better investment housing

14. Restructure the legal and institutional framework to support housing and development.

15. Promote wide participation of all stakeholders in development and management of

housing programs.

4.6.2 Aims of the Housing Policy

✔ Make possible for the poor to access decent housing and basic services and infrastructure.

✔ Encourage inclusive, participatory approaches to slum upgrading and income generating

activities aimed to address poverty.

✔ Enhanced funding of the research on low cost housing materials and construction

techniques
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✔ Facilitating increased investment by the formal informal private sector in the production

of housing for the low and middle-income urban dwellers

✔ Creating a Housing Development Fund to finance housing development through

budgetary allocations and financial support from development partners and others

sources.

✔ To promote social and economic investment

✔ Promote the dignity, security and privacy to the citizens

✔ Prevent social unrest as a result of deprivation

✔ Add to poverty reduction through employment creation, improved health and efficiency

of the labor force.

4.7 COMPONENTS OF THE KENYA NATIONAL HOUSING POLICY

4.7.1 Increased access to standard and decent to housing by all

This is addressed based on the different regions. The policy proposes:

1. Urban housing is faced by many challenges like high rents, slums and squatter settlement and

poor infrastructure. The Government intends to: -

a) Develop and facilitate urban middle – income and laws – income housing
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b) Up grading of slums & informal settlements.

c) Enhanced urban housing development.

d) Introduce appropriate home-ownership scheme for the middle – income groups.

e) Reopen the National Housing Finance Corporation (NHFC)

f) Establishing a Civil servants housing plan.

g) Making it mandatory and lucrative for legislation of legal finance companies to invest a

percentage of their funds into housing development

h) Development of Middle income housing.

2. Urban low-income housing- to address this, the government intends to:

✔ Involve all stakeholders to increase the number of standard housing for low-income

people

✔ Provide tax incentives such as investment allowances to people & institutions directly

investing in actual low-income development.

3. Up-grading of slums and informal settlements. The government proposes to:

▪ Enhance infrastructure development, increase security of tenure and improve housing

units and economic status of the community.

▪ Rationalize land acquisition among the poor.

▪ Enhance Employment and income generating activities.

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▪ Include participatory approaches involving various stakeholders before when addressing

land and housing issues.

▪ Provide redress and compensation to those displaced where necessary i.e IDPs

4. Rural Housing- the government proposes the:

▪ Application of appropriate technologies and use of locally available building materials to

increase house ownership due to affordability.

▪ Promotion of adherence to bare minimum standards related to sanitation, ventilation and

lighting of houses.

▪ Alleviation of rural poverty through introduction of industries in rural areas.

▪ Encourage unofficial credit schemes to promote access to credits for setting up income

generating initiatives.

▪ Financial institutions to provide mortgage loans to rural borrowers to work out lending

mechanism that takes into account the plight of the Community members;

▪ Set up of a mortgage guarantee scheme to be administered by National Housing

Corporation or other agency

▪ Liberalization of borrowing criteria to take into account the special constraints of

borrowers in rural areas

5. Vulnerable groups: Women, children, the poor, handicapped, elderly and displaced are
 99

among the populations categorized as vulnerable. The policy proposes the following for these

groups:

▪ Their involvement in all levels of house planning

▪ Establishment of credit institution and lending instruments that will be accessible to all

vulnerable groups e.g. Sacco’s.

▪ Through CBOs –the home based activities to be expanded and upgraded

▪ Promote development of recreation facilities & safeguarding of playgrounds and open

spaces for recreation.

▪ States to promote establishment and maintenance of elderly peoples’ homes.

▪ Strengthening of Community Based Organizations (CBOs)

▪ Construct new units that ensure access by the elderly & handicapped.

7. Public housing –Majority of the public houses are dilapidated due to lack of regular

maintenance. It is proposed that these houses will be well developed & maintained. States

will also pay civil servants market responsive house allowances and assist civil servants

wishing to own houses to do so.

4.7.2 Infrastructure

To improve the infrastructure the policy proposes to:

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a) Urge the local authorities to enter into partnerships on joint venture with private land

developers for each other’s mutual benefit

b) Setting up of reforms in local Government to promote the financial capacity of local

authorities thereby enhancing their ability to uphold and extend infrastructural services

c) Supporting community groups keen to put their resources towards the upgrading of on-site

infrastructure

d) Establishment of low cost Housing a Slum Upgrading and Infrastructure;

e) Encouraging private developers to participate in developing infrastructure in rural and urban

areas

f) Make sure that private developers are reimbursed by Kenya Power for electricity capital

costs up to the meter board if the connection is done through their own initiative with the

company’s approval

g) Encouraging use of cost effective construction technologies, that are environmentally sound

and incrementally up-gradable

h) Trunk infrastructure will be provided by the Local authority through the funds collected for

provision of the services

i) Set up infrastructural maintenance guidelines that clearly articulate various roles for all

stakeholders

4.7.3 Construction materials and research

The policy proposes:

a) Encourage production and availability of convectional building materials like cement as part

of the industrial policy

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b) Encourage wider take up and application of the revised Planning Regulations and Building

By-Law's

c) Promote the use locally available resources by private and voluntary sectors in their

development programmes

d) Capacity building in requisite skills and construction technologies through Youth

Polytechnics

e) Promote production and use of fire-resistant building materials

f) Enhance afforestation to ensure more production of building materials

g) Indigenous architecture suitable to local environments to be enhanced

h) Consider putting in place a research levy on the building construction industry and also

increase allocation to research institutions to facilitate research on building technologies and

materials

i) To reduce construction costs by reviewing from time to time the taxation levels on building

materials

j) Set up a National Research Coordination Secretariat within the Ministry of housing to direct

and disseminate research Findings

k) Oblige all research actors to put together and document existing locally available

technologies and building materials and ensure dissemination to the users

l) Encourage production and application of researched materials by small-scale enterprises

m) Promote production of modern building designs that are cost effective and compatible with

the use of locally available and affordable materials

4.7.4 Financial resources for housing

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To increase availability and access to finance for housing the government proposes:

a) Harmonize the, Building Society Act, Banking Act, Insurance Act and the various Acts

related to land and housing development and change those parts that have proved to be a

barrier housing finance

b) Amend the Retirement Benefits Authority Act, to recognize retirement benefits for workers

as a suitable security against mortgage

c) Increase public funds allocated to the Housing Department

d) Facilitate the founding of a secondary Mortgage Market so as to mobilize additional

resources for housing development

e) Laws to be set up to allow 10% of statutory and pension funds to be lent out directly to

low-cost housing developers against collateral security

f) Laws to be set up to compel banks to give out 5% of their lending portfolio to low-cost

housing against appropriate collateral security

h) Exemption from payment of stamp duty by First time home buyers

i) Review the current withholding tax of 10% on interest payable that is, a lower rate up to

Kshs. 1,000,000 so as to make the housing Development Bonds more attractive

j) Having a single business License for housing finance institutions issued by the Central

Government

k) 100% investment deduction on tax on low cost housing developers in all regions

1) Slum Upgrading and Low-cost Housing Infrastructure Development Fund and, re-

activation of statutory Housing under the existing Housing Act to increase the sources of

housing finance

m) Encouraging employers to facilitate acquisition of funds to employees for housing finance

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n) Promoting offshore short-term borrowing finance for housing to control high rate of

interest on mortgages

4.7.5 Estate management and maintenance

The policy proposes:

a) Establishment and execution of National guidelines on estate management and

maintenance

b) Formulation of standards for acceptable maintenance status of the built environment

through creating plans of maintenance and requirement of obtaining a certificate of

occupancy

c) Setting up procedures that require all buildings to be re-inspected every 10 years by the

Development Control Agencies in order to renew of "Certificate of Occupancy”

d) Public education and awareness creation on the need to keep the built environment clean

e) Proposals to increase the number of houses by encouraging upgrading activities as

opposed to demolitions of informal settlements

4.7.6 Disaster management and environmental assessment

▪ Environmental impact assessment (EIA)

These are formal studies carried out to obtain information on likely environmental impacts,

possible alternatives, and mitigating measures of a given “proposed project. To promote this the

policy proposes:

a) Carrying out Environmental Impact Assessment on sources of building materials like

quarries to check against negative impacts

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b) Submission of EIA report together with the development proposals by developers.

▪ Disaster management

To address disasters the policy proposes:

a) Identifying and setting aside land banks to meet urgent shelter requirements of families in

need of emergency housing

b) Delineation of high-risk regions for different disasters for hazard mapping

c) Developing procedures for safe development of hillsides and application of environment

impact assessment (EAI)

d) Encouraging research in alternative, less flammable building materials

e) Encouraging hazard resistant building designs and construction in zones prone to earth

movement by enforcing building provisions and regulations

f) Timely and continuous maintenance of storm drains, fire alarm systems etc.

g) Developing dissemination channels and data banks and .information systems on disasters

to enhance community preparedness

h) Building capacity on disaster management

i) Continuous monitoring and evaluation; and using response lessons learnt from past

disaster audits to undertake protective measures that minimize negative impacts

4.7.7 Human resource development

a) There is need for capacity building at the lowest level to enhance policy implementation.

The policy proposes the following:

b) Enhance capacity building; within the Housing Department, other stakeholders

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c) Encourage continuous and sustainable training and reorientation of housing professionals

d) Modernize facilities in vocational and tertiary institutions training professionals in shelter

development.

e) Set up learning centre for the Housing sector

f) Decentralize widely formal and non-formal training facilities to upgrade social and

managerial skills of construction workers on workers, artisans and small-scale contractors

g) Promote indigenous contractors engaged in the construction industry

h) Promote improvement of the working conditions for construction workers including

wages, safety, general working conditions

i) To facilitate maintenance and improvement of housing stock offer non-formal training

j) Promote greater engagement of NGO's and the private sector in the training of

construction workers

4.7.8 Monitoring and evaluation

The policy proposes to carry out continuous monitoring and evaluation and use the information

collected to:

a) Guide the construction of both private and public housing

b) Undertaking projections for rural and urban housing needs, including resources required

for each sector

c) Carrying out continuing comprehensive housing census concurrently with, the National

Population Census
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d) At each level establish appropriate management information system on housing and

urban services

e) Make sure that a multi-sectoral and integrated development into account the other

existing and other related national and global policies

f) In light of emerging needs review the National Housing Policy every 10 years.

4.7.9 Public sector housing

The current public housing sector in the country is by:

a) Subletting as in the case of Jericho. Residents in many public housing are taking

advantage of the proximity to towns makes them prone to sub-letting of those houses

leading to overcrowding and rapid deterioration of these houses. The families earn extra

income by sub-letting.

b) The houses are mainly owned by the local county councils.

c) There is low mobility in local authority rental units as the rent charged is low because of

the subsidized rents

d) There rate of rent non-payment is high and the number of cases of rent arrears is

increasing due to diminished household incomes.

e) The stress on subsidies in public housing makes these housing a much poorer revenue

source than it would be if rents were pegged at market rates.

4.8 SUMMARY

In this lesson, we have learnt about the international and national housing policies.
 107

We have also discussed other national policies in Kenya that feature housing components e.g
Kenya’s Vision 2030, Human rights policy and Land policy. Lastly, we explored the contents of
the Kenya national housing policy such as: urban housing, upgrading of slums, rural housing,
housing for vulnerable groups, public housing and financial resources for housing.

4.9 ACTIVITIES

1. Outline all the key components of the Kenya’s National Housing Policy
2. Analyze how the National Housing Policy in Kenya can be monitored and evaluated to
ensure its successful implementation for the benefit of citizens.

4.10 SELF TEST QUESTIONS

1. The government has set up the Kenya National housing policy to regulate the housing
development in the country. List some of its objectives in the housing sector.
2. You have employed as officer in the housing department. Propose factors you can
implement in the society to ensure that there is slum improvement?
3. Accessing housing in Kenya is very difficult for the low paid workers and those without
regular income. As an officer in the ministry of housing, discuss strategies suggested in
the housing policy to address this issue.
4. Housing is a key element of the sustainable development goals. Discuss some of the
national policies that relate to housing.

4.10.1 ANSWERS TO SELF-TEST QUESTIONS

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1. The government has set up the Kenya National housing policy to regulate the housing
development in the country. List some of its objectives in the housing sector.

✔ Ensure easy advancement on realization of the right to adequate housing by all citizens.

✔ Approximate and put aside land for housing development in urban areas.

✔ Get rid of existing legal and customary barriers to women’s equal access and power to

manage finance and land.

✔ Raise the amount of the budgetary allotment for housing development.

✔ Promote new ways of mobilizing finances by the vulnerable groups and increase access

to funds from the domestic markets by housing developers and to promote.

✔ Advance the existing collection of houses.

✔ Assist the people with low-income in housing improvement and production;

✔ Promote research and make known the use of locally available and building technologies

and building materials.

✔ Help in poverty reduction by creating employment among the poor through initiating

income generation activities, production of construction materials and construction

processes.

✔ Promote the access to land and security of tenure for all socio-economic groups.

✔ Promote house ownership and promote healthy environment.

✔ Provide and advance rural an urban infrastructure.

✔ Mobilize resources and capacity building in order to aid better investment housing.
 109

✔ Restructure the legal and institutional framework to support housing development.

✔ Promote wide participation of all stakeholders in development and management of

housing programs.

2. You have employed as officer in the housing department. Propose factors you can implement
in the community to ensure that there is slum improvement?

✔ Improve the physical layout of the houses

✔ Upgrade the building materials of houses in the slums

✔ Provision of basis services in the slums

✔ Offer material loans, technical advice to help the community members start IGAs,

improve their lives

✔ Construction and refurbishing of existing access roads in the community

✔ Setting up garbage and sewage disposal mechanisms in the area

3. Accessing housing in Kenya is very difficult for the low paid workers and those without
regular income. As an officer in the ministry of housing, discuss strategies suggested in the
housing policy to address this issue.

✔ Develop and facilitate urban low– income housing (3 habitable rooms, kitchen,

bathroom & toilets).

✔ Up grading of slums & informal settlements.

✔ Encouraging construction of urban housing by private and government developers..

✔ Introduce appropriate home-ownership scheme for the middle – income groups.

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✔ National Housing Finance Corporation (NHFC) to be reopened.

✔ Setting up of a Civil servants housing scheme.

✔ Legislation of direct statutory finance companies to invest a percentage of their funds

into low cost housing

✔ Creating of a middle income housing development scheme

4. Housing is a key element of the sustainable development goals. Discuss some of the national
policies that relate to housing.

✔ Vision 2030

✔ Draft National Policy on Human Rights, 2010

✔ Sessional Paper No. 3 on National Housing Policy for Kenya, 2004

✔ Sessional Paper No. 3 on National Land Policy 2009

4.11 REFRENCES

Government of Kenya (GOK) (2004). Sessional paper no.3 on National Housing Policy for
Kenya. Ministry of lands and Housing (2004), Nairobi, Kenya.
Government of Kenya (GOK) (2007). Proposed Housing Sector Incentives and Market Re-
engineering Measures. Ministry of lands and Housing (2004), Nairobi, Kenya.
Government of Kenya (GOK) (2007). Strategic plan 2006-2011. Facilitating access to adequate
housing for all Kenyans in sustainable human settlements. Ministry of lands and Housing
Nairobi, Kenya.
Republic of Kenya, Draft National Policy on Human Rights, (2010).
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Republic of Kenya, Kenya Vision 2030: Popular Version, (2008).

LESSON FIVE: RENTAL HOUSING

5.1 INTRODUCTION

In the previous lesson, we learnt about national policies on housing in Kenya. In this lesson we

shall discuss about rental housing in Kenya, focusing primarily on tenancy in private rental

housing, tenancy in informal rental housing and rights of tenants and landlords. We shall also

look at the current housing situation in Kenya generally.

5.2 LESSON OBJECTIVES

At the end of this lesson you should be able to:

1. Understand tenancy issues for those living in rental houses, including those in informal

Settlements

2. Clearly explain the rights of tenants and landlords in rental houses in Kenya

3. Analyze the current housing situation in Kenya and its impact on development.
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5.3 LESSON OUTLINE

i. Rental housing in Kenya

ii. Tenancy in private rental housing

iii. Tenancy in informal rental housing

iv. Rights of tenants and landlords

v. Current housing situation in Kenya

vi. Self test questions

vii. Glossary

viii. References

5.4 RENTAL HOUSING IN KENYA

Kenya does not have a clear rental housing policy. The rental housing issues are instead

submerged in the overall national housing policy. The policy gives the local authorities and

relevant government authorities the mandate to address supply of rental housing. As a result,

most of the investment in rental housing is provided by private developers. Other rental housing

units are built in poor environmental regions and other people in private and public housing build

extensions which increases the number of unofficial rental units available. There is obviously a

mess in the rental housing sector, sometimes leading to loss of lives due to sub-standard

structures being set up hurriedly or in swampy grounds by unscrupulous business men. These

houses are often occupied by low-income earners due to lower rents, oblivious of the dangers.

Due to lack of clear guideline on such houses, more of such houses keep cropping up with the

same consequences over the years.

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5.4.1 Tenancy in Private Rental Housing

For these houses the amount of rent paid by tenants is determined by:

1. The town in which the house is built. The bigger the city/town the more expensive the

rent

2. House size of the rental unit and the number of rooms available for rent

3. Type of building materials used to construct the rental unit.

4. The site and location on which the rental housing is located. Up-market houses are more

expensive than low-market areas e.g Karen suburbs Vs Donholm areas

5. The general appearance of the rental housing unit. Those that have good workmanship

and modern finishing are often charged expensively

6. The surrounding space/compound. Bigger compounds are charged more

5.4.2 Tenancy in informal rental housing:

1. Crowding is common in informal rental housing units since they are often tiny

2. Most of these non-formal rental units experience infrastructure problems.

3. Landlords of these rental units usually manage the houses informally and even secretively

by evading taxes and other legal requirements.

4. There is often no legal contract between the landlord and the tenants.

5. There is high mobility of tenants.

6. The landlords of these housing units are usually rich and live in other parts of the town,

away from their rented property and so sometimes the tenants vacate without notice

7. Most of the administration and management of these houses is done by the Landlords.
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5.4.3 Rights of Tenants and Landlords

The Physical Planning Act contains a provision that proposes the involvement of interest groups

at various stages in addition to judicial hearings to resolve planning disputes. Rental law in

Kenya is mainly restrictive. Most of the tenants in Kenya face various housing violations like:

▪ Lack of tenant participation in planning

▪ Lack of written contracts between landlords and tenants.

▪ On most occasions, landlords or their agents take measures which affect tenants

adversely and there is usually little tenants can do to protect their rights.

▪ Many tenants are at constant risk of forced evictions

The laws that are related to rental housing include:

▪ Rent Restriction Act (RRA) which deals specifically with rental policies and control of

rental practices in residential housing and its functions are regulated in a framework of

established legal rights and obligations for landlords and tenants. However, the RRA

contains provisions that apply to low-cost tenants who pay a standard rent of Ksh 2,500

per month or less.

▪ Disputes between landlords and tenants are resolved under this law by a Rent Control

Tribunal (RCT) but it does not have power to arbitrate for tenants in public housing.
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▪ Public Health Act (PHA), which contains provisions on sanitation and environmental

health in housing which apply to all forms of shelter, including rental housing:

▪ Paying more than an established standard rent.

▪ The law deals with rent increases, with the rights of landlords to repossess and with the

rights of tenants to enjoy the full rental period for which they have paid rent.

Under the Rent Restriction Act, landlords and tenants have specific rights and obligations in

tenancy agreements and arrangements. These include:

1. Construction of additional rental rooms by the landlord can only be done with permission

from the tribunal.

2. Repair and carry out-door maintenance work on rented property is to be done by the

landlord, however, a tenant can undertake them and recover costs from the rent.

3. The normal rent may be reduced on the tenants application due to failure by the landlord

fails to carry our repairs.

4. In many rental agreements, landlords are entitled to advanced rent from a new tenant of

not more than two months standard rent.

5.4.4 Responsibilities of tenants

✔ Tenants are expected to pay the ordinary rent to the landlord and keep the house in good

condition.

✔ Tenants have the freedom to enjoy the tenancy without interference from the landlord or

his or her agents.

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✔ If the tenant dies, a surviving spouse, children or any person determined by the Rent

Control Tribunal has a right of tenancy under the foregoing agreement.

✔ If a tent wishes to terminate an agreement they must give the landlord notice of at least

one month and may only sub-let the housing unit with permission from the landlord.

5.5 CURRENT HOUSING SITUATION IN KENYA

Housing development in Kenya has in recent past experienced enormous growth through

expansion of the real estate business venture. However, there are lots of challenges

experienced by land owners, landlords and tenants. Laxity in the implementation of housing

policy could be exuberating the situation, making it difficult for ordinary citizens to afford

decent housing as a human right. The following are characteristics of current housing

situation in Kenya:

▪ Few houses constructed which do not meet the demands of the ever increasing population

▪ Deterioration of public housing due to lack of periodic maintenance

▪ High rents being charged for rental housing with impunity

▪ Expansion of widespread squatter settlements and slums

▪ Low home ownership and land ownership due to high property prices coupled with high

cost of living, unemployment, natural calamities e.g drought, floods which affect

livelihoods
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▪ Poor infrastructure which affects accessibility to some residential areas

▪ Poor access to basic services like electricity, clean and safe water in some residential

areas or settlements

NOTE:

Stakeholders in the housing sector should unite, lobby and advocate for construction of
decent public houses which should be affordable to enable all Kenyans to live with dignity. Upgrading of
slums should also be prioritized by the government

5.6 SUMMARY

In this lesson we have discussed about rental housing, tenancy in private rental housing, tenancy

in informal rental housing and rights of tenants and landlords in Kenya. We have concluded the

lesson by highlighting the current housing situation in Kenya.

5.7 ACTIVITIES

1. What do you think should be the responsibilities of landlords to their tenants?

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2. Give suggestions on how the government can set up systems to regulate rents in Kenyan

cities

5.8 SELF-TEST QUESTIONS

1. Outline what factors determine the amount of rent paid by tenants in rental houses in

Kenya

2. Mention five characteristics of tenancy in informal settlements

5.8.1 ANSWERS TO SELF-TEST QUESTIONS

1. Factors that determine the amount of rent paid by tenants in rental houses in Kenya

include:

✔ The town in which the house is built. The bigger the city/town the more expensive the

rent

✔ House size of the rental unit and the number of rooms available for rent

✔ Type of building materials used to construct the rental unit.

✔ The site and location on which the rental housing is located. Up-market houses are more

expensive than low-market areas

✔ The general appearance of the rental housing unit. Those that have good workmanship

and modern finishing are often charged expensively

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✔ The surrounding space/compound. Bigger compounds are charged more

2. Five characteristics of tenancy in informal settlements

✔ Crowding is common in informal rental housing units since they are often tiny

✔ Most of these non-formal rental units experience infrastructure problems.

✔ Landlords of these rental units usually manage the houses informally and even

secretively by evading taxes and other legal requirements.

✔ There is often no legal contract between the landlord and the tenants.

✔ There is high mobility of tenants.

✔ The landlords of these housing units are usually rich and live in other parts of the town,

away from their rented property and so sometimes the tenants vacate without notice

5.9 FURTHER READING

Government of Kenya (GOK) (2007). Proposed Housing Sector Incentives and Market Re-

engineering Measures. Ministry of lands and Housing (2004), Nairobi, Kenya

5.9 GLOSSARY
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● Rent Control is a tool for controlling rent charged in privately owned housing and

provides a lawful framework for landlord/tenant relationship.

● Detached house: is a free-standing or stand-alone residential house.

● Disasters: are unexpected events that critically disrupt the functioning of a community

and causing a lot of human, property and environmental losses which surpass the

community affected ability to cope using its own means.

● The Rent Restriction Act (RRA) addressed rental policies and control of rental activities

in residential housing.

● Rent Control Tribunal (RCT) - comes in to help resolve disagreements between

landlords and tenants.

● Policy-set of principles that provide direction on how housing issues can be addressed or

implemented

5.10 REFERENCES

Government of Kenya (GOK) (2004). Sessional paper no.3 on National Housing Policy for

Kenya. Ministry of lands and Housing (2004), Nairobi, Kenya.

Republic of Kenya, Draft National Policy on Human Rights, (2010).

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Republic of Kenya, Kenya Vision 2030: Popular Version, (2008).

LESSON SIX: ISSUES AFFECTING HOUSING CONDITIONS

6.1 INTRODUCTION

In the previous lesson we looked at rental housing in Kenya. In this lesson we will

look at the issues affecting housing conditions of families. These issues include housing and

health, housing and environment, housing, disasters and calamities, housing and education,

housing and employment, housing and crime as well as housing and poverty.

6.2 LESSON OBJECTIVES

At the end of this lesson you should be able to:

1. Relate the current housing for families and their health outcomes

2. Discuss the issue of sewage and waste disposal

3. Suggest the methods to address the environmental degradation related to housing

4. Evaluate the housing of the urban poor in Kenya

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6.3 LESSON OUTLINE

i. Housing and health

ii. Housing and environment

iii. Housing, disasters and calamities

iv. Housing and poverty

v. Housing and education

vi. Housing and employment

vii. Housing and crime

viii. Self test questions

ix. Answers to self-test questions

x. Glossary

xi. References

6.4 HOUSING AND HEALTH

Housing environment has been known as one of the main settings that affect human health. Some

of the health threats to be found in a household may include overcrowding, poor sanitation and

hygiene, quality of indoor air, safety at home, humidity, noise, indoor temperatures, lead and

asbestos. This will affect the household members’ physical, mental and social health.

The quality of housing conditions plays a decisive role in the health status of the residents. Many

health problems are either directly or indirectly related to the building itself, because of the

construction materials that were used and the equipment installed, or the size or design of the
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individual dwellings. Representing the spatial point of reference for each individual, the home

also has a broad influence on the psychosocial and mental well-being by providing the basis for

place attachment and identity as well as a last refuge from daily life. Evidence shows that

families living in low-quality housing, particularly children, may suffer severe health

consequences. For example, low-income children living in deteriorated public housing, with

infestations of cockroaches, mice, and mold, suffer from high rates of asthma (Howell, Harris,

and Popkin 2005).

▪ Housing and Accidents

There are things in the environment at home and outdoor that may predispose or lead the child to

get an accident. On the causal side, there are two factors relevant to home accidents – human

behavior, dwelling design and maintenance. Behaviour can contribute, to a greater or lesser

extent, to a home accident or it can be the sole cause. Young children lack the knowledge and

experience to recognize danger, but are inquisitive by nature. The mobility and sight of the

elderly may be impaired. A person may be distracted by something, such as an unexpected noise.

Some people, perhaps in a rush, will take risks while others may be maladroit or just careless. In

addition, occupants or residents can create hazards by leaving obstacles on stairs, having loose

carpets, and leaving medicines and cleaning products easily accessible to young children.

Because of their design and function, dwellings contain physical dangers, many of which society

considers necessary or desirable, such as gas and electricity supplies, steps and stairs, and

balconies. Most of these can be made relatively safe, but perhaps not completely. However, some

structural features may increase the risk of an accident. For example, horizontal bars in balcony

guarding will provide a climbing frame for small children, a small change in floor levels in
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unexpected locations can be a trip hazard, and non-safety glass at the base of stairs will increase

the severity of an injury, if there is a fall. Also, age is regularly identified as the major risk factor

for the occurrence of home accidents. Poorly arranged furniture in the house can make a child

fall and injure him or her, unprotected cooking place can lead to child burns. Fruit trees or

ladders in homes may attract a child to climb and result in a fall. Similarly pools of water

outdoor including unfilled quarry with accumulation of water may lead to drowning. A final

example is the overcrowded city slums which are particularly bad environment for children. The

danger is due to:

⮚ Poor building materials e.g. carton boxes which are highly flammable

⮚ Available space-crowding housing, issues of stress

⮚ Housing site e.g. near dump site

▪ Water and Sanitation

No specific attention, however, has been given to address those who are unable to afford basic

minimum essential water (for personal and domestic use). In addition there are no provisions to

ensure procedural and substantive protection against water rationing and disconnection of water

supply or sanitation services due to non payment. There is a failure to consider local conditions

in Nairobi’s informal settlement when addressing illegal connections, leakages and unaccounted

for water, has resulted in communities resisting or sabotaging water and sanitation projects.

Disparity is also reflected in the cost of water, with the poor often paying up to 10 times more

than middle and upper income groups. Estimates of piped water coverage provided by the
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Ministry of Water and Irrigation in 2006 stood at 47% nationally. With respect to basic sanitation

the Ministry of Water and Irrigation estimates a national coverage of 50%.

Water scarcity often leads to health problems. For instance, among people who collect and carry

water — usually women and children — water scarcity can mean traveling long distances in

search of water. For farmers, water scarcity means hunger when drought causes crops to fail. For

children, water scarcity can mean dehydration and death. In hospitals, clinics, and other places

where sick people get care, lack of water for washing can allow infection to spread from person

to person. A reliable supply of safe water can mean the difference between life and death.

6.5 HOUSING AND ENVIRONMENT

▪ Poor Waste Disposal

Waste management is identified as one of Nairobi's key environmental issues. Uncollected solid

waste is one of Nairobi's most visible environmental problems: The municipal service which

seems to fail most strikingly is garbage collection and disposal because it causes littering and

untidiness which has an immediate adverse psychological impact. The lack of adequate garbage

disposal in an area often results in negative attitudes that contribute to a general deterioration of

community development and cohesion. Waste collection services are provided only sporadically

to low-income areas because of poor accessibility. Also, there is very high waste generation

which cannot be handled with available vehicles and equipment. One of the most important

outputs of the Earth Summit (United Nations Conference on Environment and Development) in

1992 was Agenda 21: an action plan for the 1990s and well into the twenty-first century,

elaborating strategies and integrated programme measures to halt and reverse the effects of
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environmental degradation and to promote environmentally sound and sustainable development

in all countries. Agenda 21 included an action plan for cities wishing to enhance urban

sustainability. These recommendations included institutionalizing a participatory approach and

improving the urban environment by promoting social organization and environmental

awareness. The need to promote actively, to strengthen and expand waste re-uses and recycling

systems was also recognized in Agenda 21.

The garbage and sewage problems are largely increased by poor accessibility and lack of

infrastructure. While coordinated community efforts aimed at controlling dumping help to keep

foot paths and unpaved access roads clear, many of the informal settlements are almost

impassable during the rainy season as earthen paths turn to mud. This problem was noted to be

especially severe in the villages located in river basins (Kinyago, Korogocho, and Kibera).

Rivers and streams cutting through informal settlements also pose barriers to accessibility. (A

foot bridge in Kibera had been dismantled for use as informal building materials). The

composting efforts have a positive impact on flooding, but there are still problems during the

rainy season when plastics clog drainage channels. The lack of proper sanitation facilities,

including toilets, showers, and sewage disposal are common urban problems in Kenya. Even

when toilet facilities are available, people complain that they are not conveniently located, that

they are unclean, or that using them at night poses a security risk. Children are especially

vulnerable to inadequate toilets because they may lack access to household keys which unlock

the community toilet.

Housing, Disasters and Calamities

When disaster strikes, victims are most likely to move in to join extended family members or

friends (Rubin, 1985). Disaster can make people to be displaced from their homes or even
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countries. People displaced from their home countries to another country are referred to as

refugees/migrants whereas those displaced from their homes within their countries are referred to

as internally displaced persons (IDPs). People can be displaced due to a number of reasons such

as floods, mudslides, wars, famine etc. Assistance following a declared major disaster or

emergency is built upon response by the government and humanitarian organizations working in

the area struck by disaster. Such considerations include the agency’s ability, working in concert

with state and local governments, to house families safely, with proper forms of support. This

should be done in the shortest of time frames, and in proximity to their original residences and

places of employment. The proper forms of support can include, as needed and appropriate, food

assistance, transportation help, and access to employment, security arrangements and other aid

that helps displaced residents begin to resume their lives while awaiting the repair of their homes

(Handmer and Dovers, 2007).

In the disaster/emergency response period, disaster victims are usually housed in camps where

houses are usually temporary in form of tents. During this time, disaster victims are registered to

receive humanitarian assistance in form of basic human need: food ratios, clothing, toiletries,

water containers, bedding etc. After some time, they may be moved from an emergency shelter

to an improved temporary shelter facility while awaiting more permanent housing help.

While cooperation with state and local partners is a fundamental, the ultimate decisions on how

to address the permanent housing and human needs of the victims rest with the government of

the host country. In the emergency temporary shelters such as camps, there are lots of water and

sanitation challenges which can lead to the spread of water-borne and air-borne diseases such as
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cholera and tuberculosis respectively. In these shelters, there are usually social-economic issues

affecting the refugees such as rape, lack of privacy, sexual assaults, lack of employment

opportunities, inability to access goods for business, lack of schools for the children, inadequate

sanitation facilities etc which can lead to psychological problems and ultimately affect their

productivity.

6.6 HOUSING AND POVERTY

The lack of adequate income to access adequate or desired housing makes the housing problem

essentially a poverty problem. Housing is usually available – often with high vacancy rates – at

the high quality, high cost and high-income segment of the market. The low end of the market

for the poor is marked with extremely tight and limited availability, with low or no vacancy

rates. The problem of Affordable Housing is essentially a problem of income for the Individual

household. Many people who cannot afford high rent in urban areas end up settling in slums.

Slums are heavily populated urban area characterized by sub-standard housing and squalor.

Slums also include the vast informal settlements that are quickly becoming the most visible

expression of urban and rural poverty in the developing world, including squatter settlements and

illegal sub-divisions. The qualities of dwellings in such settlements are illegal sub-divisions. The

quality of dwellings in such settlements varies from the simplest shack to permanent structures,

while access to water, electricity, sanitation, and other basic services and infrastructure is

limited.

Slums can be classified into:

Conventional public and private finance systems offer virtually no credit solutions to the housing

needs of the low-income and poor segments of the population. The poor, low and even moderate-
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income are the majority in developing countries and they cannot afford a loan for the least

expensive, commercially built housing units. Reasons are low income, high construction costs

and the high cost of long-term finance. Consequently, most poor and low/moderate income

households build their own houses progressively over periods-ranging from five to fifteen years.

Alternative housing finance systems must therefore be devised if the poor are to be reached

since, considering the economic situations; they are unable to afford buying houses on loan.

Frequently made mistakes in addressing housing needs of the poor and low-income families

include:

▪ Housing programs and projects were summed up as attempts to improve savings in the

absence of strategies to improve incomes among the poor

▪ The transfer of housing technological blueprints from developed to less developed

countries

▪ lack of respect for indigenous technologies

▪ purchase of expensive land for low – income housing and

▪ Excessive use of imported building materials.

Some subsidies are absolutely necessary to address the access to housing and housing credit by

the low-income and the poor, but such subsidies need to be more effectively targeted. Subsidized

housing finance in the form of low-interest loans has failed to reach the target group in most

cases. It is thus claimed that alternative credit systems are growing and are reaching the poor and
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the excluded. These are said to involve loans at unsubsidized interest rates, short terms and a

range of Collaterals including co-signers, Para-legal title as well as full legal ownership, durable

goods and pension fund contributions. Housing cooperative arrangements form part of this

alternative system. Unlike formal finance systems, there is no need for mortgage documents and

no need for title deeds.

6.7 HOUSING AND EDUCATION

Families that cannot afford their rent may miss payments and face eviction. In tight housing

markets, where obtaining an affordable housing unit is fiercely competitive, low-income families

often experience high rates of “churning” from one apartment to the next, as they search for

more affordable units. This affects education of children who have to move and change schools

to the new location where parents find housing. Where housing is located also matters for

children since where households live is inextricably linked to where they attend school. Most

children living in high-poverty neighborhoods attend lower-quality schools than their middle-

class counterparts (Orfield and Lee 2005). Students in subsidized housing and homeless children

perform similarly poorly. This could be associated with psychological stress resulting from life

struggles, lack of school fees, inability to afford books, hopelessness which pushes some children

to get into drug abuse and crime and sometimes lack of good nutrition which affect their

cognitive development.

▪ Housing and Education Outcomes for Children

While many factors affect school outcomes among low-income children, including parental

involvement and school quality, researchers hypothesize that meeting children’s basic housing
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needs is a critical part of school readiness and academic success. Housing dimensions that may

affect education outcomes either positively or negatively include: housing quality, residential

stability, housing affordability, and neighborhood location. These mechanisms often interact

with each other as they affect school outcomes in different ways. Housing quality (often affected

by housing affordability) can positively affect children’s safety and health outcomes, leading to

better school attendance rates and improved attentiveness in class. Also, living in a housing unit

that comfortably accommodates all members of the household provides a stress-free environment

in which children can accomplish homework assignments hence improving their performance.

Housing in a safe and healthy neighborhood location can improve household access to high -

performing schools that lead to improved academic outcomes. Factors independent of school

quality, such as community norms and values, day care availability, and safety may also lead to

improved educational outcomes in a good neighborhood. Housing affects education outcomes

negatively in form of school absenteeism, behavioral problems, low grades, change of schools

where some children take long to adjust, school drop out due to negative peer influence from

poor neighbourhoods, overcrowding in schools attended by low-income earners thereby affecting

individual attention given to students by the teachers etc. Research shows that lead poisoning, an

attribute of low-quality housing, is associated with developmental delays and poor educational

outcomes (Moonie et al. 2008; Bellinger and Needleman 2003; Lanphear et al. 2000). These

health problems can lead to high rates of absenteeism, which is linked to poor educational

outcomes.

6.8 HOUSING AND EMPLOYMENT

The relationship between affordable housing and employment is undeniable. Affordable

housing, or lack of it can significantly impact employment opportunities and sustainability.

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Housing influences employment on multiple levels. On a basic level, the location where one

lives has influence on where they can work. Ideally, most people want to live close to where they

work since commuting long distances is burdensome and can impact a person’s ability to have

adequate sleep or spend time with their family. Housing location also has an indirect influence

on the job. As explored in numerous studies, housing location influences the ability to build a

social network and access job information. Social networks can facilitate access to job

opportunities through strong social networks. Social networks can also be a useful resource to

learn about job training opportunities (Li, Campbell & Fernandez 2013). What makes it all the

more difficult is that housing insecurity can often threaten a person’s job security, especially

among casual laborers. For instance if one is thrown out of a house for failing to pay rent, they

will be forced to miss reporting to work in search of alternative housing. This may cost them

their jobs, exposing them deeper into poverty and inability to pay for housing hence possibility

of homelessness. An increased supply of well distributed affordable housing can help resolve

employment challenges related to housing. First, having an increased supply of affordable

housing can address the causes of housing insecurity. Affordable housing can lessen the effects

of being cost burdened, thus giving the tenant increased financial stability. Increased financial

security and stability can help keep job performance high and reduce the likelihood of

intervening events that can cause job loss. In addition, affordable housing in locations with

middle and low-income earners can help improve the social networks of people from low socio-

economic backgrounds (Levy, McDade & Dumalo 2010). This allow lower-income residents to

meet highly placed people and build more beneficial sustainable relationships, which are critical

when applying for employment as well as helping businesses to have wider access to employees.

6.9 HOUSING AND CRIME

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Low-income households are more likely to live in high poverty tracts with low -quality schools

(Galvez 2010; Newman and Schnare 1997; Orfield and Lee 2005). Households that receive

housing assistance or public housing are also highly concentrated in poor neighborhoods

(Turner, Popkin, and Rawlings 2008). Poor neighbourhoods lack employment opportunities

which exposes many of the youths to idleness, frustrations that could lead to involvement in

criminal activities to earn a living. Drug and gang violence therefore plague these

neighborhoods, making safety a major concern. Crime could be common in informal settlements

because of the congestion, lack of social amenities, lack of basic need such as sanitation which

psychologically frustrate the residents leading to bitterness and pent up anger which is often

released by engaging in violent behavior such as muggings, domestic violence, killings etc The

nature of the settlements is also favourable as hiding places for criminals since the housing are

closer to one another. Bjerk (2010) finds that the geographic concentration of the poor within

metropolitan areas increases robberies and assaults.

According to Bjerk (2010), lack of employment and housing opportunities, poverty

concentration may make it difficult for residents of disadvantaged neighborhoods to find

legitimate work, and hence increase their optimal participation in crime. Multiple studies

however found that randomly assigning people to move to more affluent communities that are

typically less disorderly does not result in reductions in individual criminal behavior (Kling et al.

2005, Harcourt and Ludwig 2006, Kling and Ludwig 2007). This could therefore mean that

involvement in crime could be more of a personality attribute, irrespective of the neighbourhood

one resides in.

6.10 SUMMARY
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In this lesson we learnt about issues affecting housing conditions. We looked at how poor

housing can affect health in terms of exposure to accidents, water and sanitation problems as

well as respiratory illnesses from poor ventilation, overcrowding, housing sites e.g dumpsites etc.

We then looked at how housing can affect the environment with regards to poor waste

management. The lesson then discussed how disaster and calamities can affect access to decent

housing. At the end of the lesson, poverty as a precursor of poor housing conditions was

explored.

6.11 ACTIVITIES

1. List four issues affecting housing conditions in Kenya

2. Discuss how poor housing conditions can affect the health and welbeing of tenants

6.12 SELF-TEST QUESTIONS

1. Mary is a mother raising her teenage daughter in the Kakuma refugee camps. Discuss ways in

which housing in these refugee camps can affect the health of the teenage girl.
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2. John is a father raising his teenage daughter in the Eldoret Internally Displaced Persons (IDP)

camp in Kenya. Discuss ways in which housing in this camp can affect her health.

3. You have been employed as an education officer in a slum area. Recommend factors you can

implement in the community to ensure that there is a decent environment?

6.12.1 ANSWERS TO SELF-TEST QUESTIONS

1. Mary is a mother raising her teenage daughter in the Kakuma refugee camps. Discuss

ways in which housing in these refugee camps can affect the health of the teenage girl.

✔ Poor sanitary conditions leading to diarrhea, cholera

✔ Rape and unprotected sexual relations which can lead to STDs, HIV

✔ Dust which can lead to airborne diseases like coughs and flu

✔ Insecurity which can lead to death

✔ Malnutrition due to insufficient nutrient intake

✔ Stress related disorders due to the poor living conditions

✔ Overcrowding which can lead airborne diseases TB

2. John is a father raising his teenage daughter in the Eldoret Internally Displaced Persons

(IDP) camp in Kenya. Discuss ways in which housing in this camp can affect her health.
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✔ Overcrowding which can lead airborne diseases TB

✔ Poor sanitary conditions leading to diarrhea, cholera

✔ Rape and unprotected sexual relations which can lead to STDs, HIV

✔ Dust which can lead to airborne diseases like coughs and flu

✔ Insecurity which can lead to death

✔ Malnutrition due to insufficient nutrient intake

✔ Stress related disorders due to the poor living conditions.

3. You have been employed as an education officer in a slum area. Recommend factors you

can implement in the community to ensure that there is a decent environment?

✔ Growing of vegetation around the house

✔ Not building on protected lands like water sources

✔ Have access roads between houses

✔ Have open spaces

✔ Have enough water supply

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✔ Have a good sewage and sewage disposal system

✔ Have necessary social amenities like schools

6.13 REFERENCES

Desmond, M. and Gershenson, C. (2016). Housing and Employment Insecurity among the

Working Poor. Social Problems, (63)1, 46-67.

Freedman, M., Owens, E. G.. 2011. “Low-Income Housing Development and Crime.” Journal of

Urban Economics 70 (2–3): 115–31. Google Scholar, Crossref

Cunningham, M and Mc Donald, G (2012). Housing as a Platform for Improving Education

Outcomes among Low-income Children. Can be accessed online from:

https://www.urban.org/sites/default/files/publication/25331/412554-Housing-as-a-Platform-for-

Improving-Education-Outcomes-among-Low-Income-Children.PDF

Dilldine, C. (2016). Housing and Employment: An Intertwined Relationship. Can be accessed

online from:

http://www.jcaffordablehousing.org/single-post/2016/09/19/Housing-and-Employment-An-

Intertwined-Relationship
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LESSON SEVEN: CONSTRAINTS TO AFFORDABLE HOUSING

7.1 INTRODUCTION

In the last lesson we looked at issues affecting housing conditions, in this lesson we will address

constrains to affordable housing. Many families are unable to access decent housing or meet

their basic housing need because of various reasons. These constrains include limited finances,

land security, challenges in plot purchase, political challenges, insufficient human resource

development and natural man-made disasters.

7.2 LESSON OBJECTIVES

By the end of this lesson you should be able to:

▪ Explain the factorsthat hinder people from accessing standard housing in the urban and

rural areas.

▪ Suggest ways of enhancing access to standard housing by people with low income.

7.3 LESSON OUTLINE

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i. Types of constraints to affordable housing

ii. Limited access to housing finance

iii. Inadequacy of exiting products

iv. Political challenges

v. Inadequacy of building materials

vi. Inadequacy of access to basic services

vii. Ineffective monitoring and evaluation mechanism

viii. Insufficient human resource development

ix. Lack of proper estates management and maintenance

x. Natural and man-made disasters

xi. Household issues

xii. Rapid urbanization

xiii. Glossary

xiv. Self-test questions

xv. References

7.4 TYPES OF CONSTRAINTS TO AFFORDABLE HOUSING

Department of Housing in Kenya found out the constraints to affordable housing in the urban

areas to be:

▪ Lack of or expensive land parcels

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▪ Financial resources

▪ Expensive building materials

▪ Restrictive regulatory measures with regards to construction of rental housing

Despite the fact that most low-income Kenyans wish to own a home, their ability to achieve this

dream is often constrained by the following factors:

7.4.1 LIMITED ACCESS TO HOUSING FINANCE

Security of a landowner is influenced by two factors: their legal rights over the land and their

enforcement. There are occasions where several people claim ownership for the same property.

▪ Challenges in Purchasing a Plot- The available land is relatively expensive. Subdivision

can however make it more affordable even though other factors make the subdivision

process complicated and costly.

▪ Currently, mortgage offers by formal financial organizations simply benefit the high-

income households and are concentrated almost entirely in urban areas. In addition,

Commercial banks and non-banking financial institutions are limited from investing in

housing by the Banking Act.

▪ Difficulty in acquiring land – Land acquisition is exceedingly limited due to three

factors: the land available is expensive, challenges to affordable alternatives like

communal possession or subdividing, and stringent controls on squatting.

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▪ Affordability- of housing for low-income families is a result of the connection between

poor households’ available income and the cost to buy land, construct a house, and fit

basic services.

7.4.2 INADEQUACY OF EXISTING PRODUCTS

Limited number of providers for housing finance: The government-run service companies in

Kenya have stopped setting up basic connections and infrastructure. The cost of infrastructure

provision plus land acquisition and construction costs either makes the amount too expensive for

many households, or adds another important step in the building process. The challenge created

by the soaring cost of installing basic services is puffed up by the fact that the government

requires that a plot of land should have readily available basic services before issuing a title

deed.

The Banking Act and the Building Societies Act have two groups of institutions that are able to

provide housing finance: mortgage finance institutions and building societies. At the moment,

there are five housing-finance institutions; Kenya Savings and Loans, Housing Finance,

Community members Finance, and East Africa Building Society (EBS). Of them all, only EBS

provides housing finance to low income households and its housing collection targets the upper-

poor to middle-income market. Limited contribution of other entities is partly due to the

restrictions of the Banking and Building Society Acts.

Sources of financing for housing projects include:

1) Building societies: Kenya has three operational building societies from the 26 registered. This

indicates shrinkage of the country’s organizational capacity for financing housing.

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2) Mortgage finance institutions e.g Housing Finance of Kenya: They finance personal

dwelling houses, flats & commercial properties. In addition, they sponsor estate expansion to

make sure there is a continuous output of new houses. They give loans for construction, to buy

houses or to expand existing houses. Conditions sets by mortgage finance institutions include:

▪ The house to be built must be constructed using permanent material.

▪ The applicant should maintain a mortgage related Savings Account with Housing

Finance, which should always have a certain amount.

▪ Necessitates a first authorized charge against the title.

▪ The applicant should produce documentary evidence of age.

▪ Maximum advance is based on the borrower’s ability to pay back the loan.

3) Savings and Loan Co-operatives: This is largely associated with savings in Savings and

Credit Cooperative Societies (SACCO). Currently, many Kenyans are building houses by saving

in SACCOs then taking loans to finance the construction. This is because SACCO loan

repayments are affordable and flexible for many. Savings and loan programs are often successful

in attracting substantial deposits, but regularly create potential complexities.

In Kenya many financial institutions desire lending for short-term high yielding projects since

they have minimal risks. This makes it more difficult for low-income earners to get financing for

housing construction.
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Strict Mortgage Financing Criteria is one of the key factors that inhibit lower and middle

income families from acquiring credit and mortgage. These strict criteria include:

▪ High eligibility criteria

▪ Proof of sufficient and reliable income

▪ Necessity of providing marketable satisfactory guarantee with proof of possession.

▪ General level of evident unaccredited value making them unappealing potential

tenants

▪ Programmed imbursement periods and amounts

▪ Incapability to have the down payment.

▪ The ratio of down-payment is normally excessively higher for the low-income

groups.

▪ Lengthy and complicated loan procedures,.

▪ Illiteracy levels inhibit their comprehension of these procedures.

▪ Sometimes, the first cold unsupportive and unprofessional conduct of the staff

frightens most low-income applicants.

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7.4.3 POLITICAL IMPEDIMENTS

Corruption- Groups such as Transparency International ranks Kenya poorly with regards to

corruption. The Kenya Anti-Corruption Commission has often reported a lackluster record in

resolutely dealing with corruption in Kenya. Corruption has only increased Kenya’s poverty

problem.

Politics becomes an impediment to housing through:

▪ Instances of strict government enforcement of policies that lead to evictions and slum

demolitions

▪ Minimal Willingness to Finance Slum Upgrades: slum evictions often result to insecurity

which discourages housing microfinance providers from lending to low income people.

▪ Rental Housing serves as an income for the elite in society

▪ Majority of the landlord are Members of Parliament which reduces their incentive to alter

the current status quo.

7.4.4 INADEQUACY OF BUILDING MATERIALS

Building materials often become inadequate because of the following reasons:

▪ Several building materials are expensive due to their initial production costs. Moreover,

the cost of transportation of these materials is relatively high.

▪ Inappropriate standards and By-Laws have immensely minimized the range of permitted

materials and building technologies.

▪ Minimal research on optional locally available building materials by research institutions.

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▪ Inadequate funding for research and dissemination of the research findings have been

achieved through the efforts of research institutions dissemination and use has been

minimal due to inadequate funding for research and dissemination.

7.4.5 POOR ACCESS TO BASIC SERVICES

Quality inexpensive housing is constantly unavailable for a bulk of low income urban dwellers.

Some developments agencies address the problem of poor urban residents like the Jamii Bora

Housing Programme.

For poor families, housing costs are usually too exorbitant. Without title deed, the range of

financing alternatives is severely limited.

Reports by UN-Habitat 2008 study, 60 to 80 percent of residents in Kenya’s major towns reside

in informal settlements which are often crowded, with pitiable housing and lack basic services.

Electricity and garbage collection are also lacking in these housing units.

In many informal settlements here are several cases of forced evictions. According to the UN

Habitat while 60 percent of Nairobi’s population resides in informal settlements, their homes

only five percent of the total land area.

7.4.6 INEFFECTIVE MONITORING AND EVALUATION MECHANISMS

Effective monitoring and evaluation is largely lacking in the housing sector in Kenya. Various

reports have proposed that the Housing sector should be monitored and evaluated well through

regular appraisals of progress towards the goal of facilitating provision of ample shelter. This

will ensure proper mechanisms are put in place.

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7.4.7 INSUFFICIENT HUMAN RESOURCE DEVELOPMENT

There is inadequate ability and institutional development that permits devolution of decision

making and resource distribution to the primary actors at the lowest managerial levels to make

sure there is client-oriented, demand based opportune and reactive delivery of housing services.

7.4.8 LACK OF PROPER ESTATES MANAGEMENT AND MAINTENANCE

The situations of housing for civil servants as well as that provided by local authorities have

massively deteriorated due to lack of maintenance. This reduces the value of housing stock and

harmfully affects the constructed environment plus infrastructural facilities among others.

7.4.9 NATURAL AND MAN-MADE DISASTERS

Disasters disrupt the operations of a community and cause extensive human, property and

environmental losses that exceed the ability of that community to cope independently. Many

Kenyans are vulnerable to many hazards either natural or artificial which affect their livelihoods

as well as their property

7.4.10 HOUSEHOLD CHALLENGES

Inadequate incomes, health status, joblessness, ethnicity and job impermanence relative to the

cost of land, building and installation of services are considerable obstacles to establishing a

housing finance sector for the poor. Towards the end of 2006, the poverty rate was at 47 percent.

The situation is magnified by the fact that majority of Kenyans, about 55 percent, are below 19

years old, unemployed and/or dependent.

7.4.11 RAPID URBANIZATION

Rapid urbanization is raising the concern of adequate housing in Kenya. Approximately 32.3

percent reside in urban areas whereas 67.7 percent are in rural areas. According to the Kenya’s
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Ministry of Lands 50 percent of Kenyans will live in urban areas by 2050. Rapid urbanization

creates tension on the available housing units thus leading to escalation of informal settlements,

inadequate and expensive housing.

Moreover, ethnic diversity has also brought challenges which relate to discrimination in housing.

Apart from the displacements that resulted from post-election violence, there have been

intermittent media reports of individuals denied tenancy on the basis of their ethnicity.

7.5 SUMMARY

We have discussed the constraints to affordable housing among low-income earners in

Kenya. These include: Limited housing finance, inadequacy of existing products, political

impediments, inadequacy of building materials, poor access to basic services, insufficient human

resource development, ineffective monitoring and evaluation mechanisms, insufficient human

resource development, lack of proper estates management and maintenance, natural and man-

made disasters, household and rapid urbanization.

7.6 ACTIVITIES

1. Outline seven constraints to affordable housing among low-income earners in Kenya

2. Explore possible solutions to each of the outlined constraints

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7.7 SELF-TEST QUESTIONS

1. Describe any five challenges Kenyans face in attempts to access decent housing.

2. One of the goals of the government housing guidelines is to make sure there is decent

housing for everyone in Kenya. Among the challenges hindering the government from

executing the housing policy is the difficulty experienced in owning land. Explain six

factors that hinder people from owning land.

3. Discuss five measures that can be put in place to mediate the constraints of standard

housing.

7.8 ANSWERS TO SELF-TEST QUESTIONS

1. Describe any five challenges Kenyans face in attempts to access decent housing:

✔ Limited housing finance

✔ Inadequacy of existing products

✔ Political impediments

✔ Inadequacy of building materials

✔ Poor access to basic services

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2. One of the goals of the government housing guidelines is to make sure there is decent

housing for everyone in Kenya. Among the challenges hindering the government from

executing the housing policy is the difficulty experienced in owning land. Explain six

factors that hinder people from owning land.

✔ Financial challenges

✔ Corruption in the land ministry that discourages others for fear of loosing money

✔ Ignorance on land ownership procedures

✔ Unpreparedness to develop the land once purchased yet one is expected to pay land rates

✔ Dishonesty among some land sellers (sells same piece of land to many buyers)

✔ Prejudices in land ownership in some communities (Traditionally women not allowed to

own land)

3. Discuss five measures that can be put in place to address the constraints of access to

standard housing.

✔ Housing financing cooperatives to charge affordable interest rates and make criteria for

consideration more “poor-friendly”

✔ Some of the building materials should be manufactured locally hence affordability

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✔ The county government should expand the economies of counties to employ many people

who will then build homes and settle in their rural homes where land is affordable

compared to the big cities/towns

✔ Real estate industry should be closely monitored and regulated to avoid exploitation of

buyers by some unscrupulous businessmen

✔ Potential home owners should be encouraged to form associations, pool resources and

support one another to construct affordable houses (social capital)

VIDEO LINK

Video link on extending housing finance across Africa. Can be accessed from

https://www.youtube.com/watch?v=rC1lEfqSIGw

Assignment: Watch the video and analyze the practicability of the presentation in the Kenyan

context.

7.9 GLOSSARY

● Asbestos: These are naturally occurring minerals made up of fine, durable fibers and are

resistant to heat, fire and many chemicals. Inhaled asbestos fibers aggravate lung tissues

which cause them to scar, leading to a condition known as asbestosis. Symptoms of

asbestosis include shortness of breath and a dry crackling sound in the lungs while

inhaling.
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● Calamities: an event causing great and often sudden damage or distress. Also known as a

disaster

● Humidity: a quantity representing the amount of water vapour in the atmosphere or in a

gas

● Poverty: is the scarcity or the lack of a certain amount of material possessions or money.

Absolute poverty, extreme poverty, or destitution refers to the complete lack of the means

necessary to meet basic personal needs such as food, clothing and shelter

● Sanitation: conditions relating to public health, especially the provision of clean drinking

water and adequate sewage disposal.

▪ Land security—the degree of self-assurance that community members will not be

forcefully evicted.

▪ Non-Conventional housing finance: the United Nations defines non-Conventional

housing finance as any finance approach that modifies loan agreement warranty,
collateral and for eligibility prerequisites. It permits low income households to meet the
criteria, and to afford housing loans previously unattainable because of other limited
finances and socio-economic circumstances.

▪ Informal and Community Based Finance Organization: These are organizations

which enable low-income groups as well as other members of the community to take part
fully in the development process especially in housing provision.

▪ Savings and Credit Unions: Are usually a group of 50-150 people who have purposed

start to saving on a regular basis.

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▪ Housing Cooperatives: They have similar ideologies with Savings and credit societies

only that housing is their main role and the units formed are the property of the
cooperative.

7.10 REFERENCES

Cities Alliance, Cities without Slums (2002). CIVIS Shelter Finance for the Poor Series: The
Enabling Environment for Housing Finance in Kenya Series, by Accion International
and CHF International in May 2002.
Government of Kenya (GOK, 2004). Sessional paper no.3 on National Housing Policy for
Kenya. Ministry of lands and Housing (2004), Nairobi, Kenya.
http://www.jamiibora.org/kaputei.htm
Republic of Kenya, (2010). Results of 2010 National Population and Housing Census. Ministry
of Planning.
Republic of Kenya, Kenya Demographic and Health Survey 2008-2009.
Poverty and Inequality Assessment: Executive Summary and Synthesis Report, April 2009, p.12.