It has been argued that because it pursues many objectives, which appear to be irreconcilable, the Draft National Land Policy (DNLP) lacks a clear philosophy and will accordingly be difficult to implement.

This article seeks to clarify the philosophy of the DNLP. It argues that the DNLP is informed by a clear, bold and comprehensive philosophy and should be celebrated for recognizing, for the first time in the history of the Republic of Kenya, that land represents multiple values, all of which should be protected by both policy and law. These values are economic productivity, equity, environmental sustainability and the conservation of culture. That is, land is not just a commodity that can be traded in the market. It is also a significant resource to which members of society should have equitable access. Furthermore, land is a finite resource that should be utilized sustainably. Finally, land is a cultural heritage which should therefore be conserved for future generations.

On Sunday October 29th 2006 the new Draft National Land Policy was unveiled to Kenyans in the major daily newspapers. The main aim of doing this was to enable Kenyans to digest the draft, debate it, and propose amendments that could improve it before it is finalized. However, they can only do this if they understand the content of the draft. One of the least understood sections of the draft is 3.5.7 – Land Information Management principles, since much of its content is rather technical. This article seeks to explain and clarify issues contained in that section, so that Kenyans can better understand it and therefore better contribute to its improvement. 

The draft national land policy has brought into focus the public debate on land administration and land rights delivery in Kenya. The Kenyan people including the policy makers and other stakeholders are yet to appreciate the importance of a comprehensive approach to land matters. The rational allocation, planning, use and development, management and regulation of land is important to economic growth and poverty reduction in the country. This is more so considering the clearly recognized critical contribution of land to the economic, social and cultural development of Kenya. The resolution of land administration and management problems is not only a requirement for sustainable economic recovery and growth but a vital process for minimizing conflicts and tensions between and among various communities. 

Land is critical to the economic, social and cultural development of Kenya. It is crucial to the attainment of economic growth, poverty reduction and gender equity. Its use and distribution in Kenya has been influenced by European settlement that dictated patterns of economic development and types of crops produced. Although attempts have been made by successive governments since independence to make some policy changes and enact laws affecting land rights, land transactions, size of holdings and imposed land taxes, the substance of the law and extent to which laws are enforced has substantially remained the same.