National Lands Commission chairperson Gerson Otachi, Mandera Governor Mohamed Adan Khalif and NLC chief executive Tache Arero /FILE
It is of no doubt that land is the backbone of Kenya’s economy and a critical source of livelihood for most of its citizens. More than just a physical resource, land holds deep political, economic, cultural, and emotional significance.
For decades, however, the lack of clear land tenure systems—particularly in arid and marginalised regions such as Mandera County—has undermined development, created inequality and left thousands vulnerable to poverty and displacement.
In a historic and commendable development, Mandera county has embarked on a large-scale land regularisation and tenure security project. It has processed 8,500 parcels in a major two-phased initiative.
This includes 5,317 parcels in Phase 1, which received a public notice on September 3 by the National Land Commission, under Section 14 of the Land Act.
This development cannot be overstated: it is the largest land regularisation in Mandera and marks a long-overdue step toward economic empowerment and social justice. Until now, the region has had fewer than 950 titled parcels in a landmass over more than 26,000 square kilometre.
Appreciating land tenure
In informal settlements or unregistered lands, residents often live in fear of eviction and have no incentive to invest in long-term improvements to their homes or businesses. Without titles or clear boundaries, they cannot access credit, cannot sell or transfer their land legally, and are vulnerable to exploitation and marginalisation.
This is precisely what has plagued Mandera for decades. Since Independence in 1963 to date, only Mandera Township has been classified, planned and surveyed as urban. The rest of the county remains largely unplanned and unclassified, effectively left behind in the national development agenda. Moreover, political resistance has been demonstrated by the halt to urban boundary delineation efforts through court action vide E337 of 2024 by two of the six locally elected MPs. That move has further frustrated efforts to open up land for urban boundary delineation in existing towns and market centres for planning, surveying and investment.
Kenya's legal and policy frameworks, however, strongly support land regularisation. Paragraphs 210 and 211 of the National Land Policy (2009) recognise the challenges of planning in informal settlements and call on the government to facilitate regularisation in public and community land, especially where it is unutilised.
Article 60(1) of the constitution mandates that land be used and managed in an equitable, efficient, productive and sustainable manner. NLC is constitutionally empowered to oversee public land management, recommend land policies and register land titles countrywide.
Internationally, too, Kenya is bound by commitments under the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, both affirming the right to property and adequate housing.
The transformative potential of the Mandera county land regularisation initiative is immense. First, it will bring dignity and legal recognition to thousands of families who have lived for generations without formal ownership. Second, it will unlock land-based investments, as property owners now gain access to credit facilities. Third, it will allow the county and national governments to plan for infrastructure and social services effectively, thereby improving education, health, roads, water and other essentials.
Moreover, regularisation enhances security and cohesion. Mandera town is often associated with cross-border insecurity and historical marginalisation. Thus, formal land tenure can provide a stabilising force for communities. It also enhances local governance, enabling the county to collect property taxes and better plan its development priorities.
Of course, challenges remain. The political interference in land reforms must be addressed through constructive dialogue and civic education. The national and county governments must collaborate to ensure all administrative, legal and logistical frameworks are in place for the timely issuance of title deeds and completion of Phase 2.
Mandera’s story should serve as a blueprint for other Northern Frontier counties in similar conditions. Land regularisation is not a privilege – it is a constitutional and human right issue. As Kenya continues to urbanise and confront rapid population growth, the issue of land will only grow more pressing. Therefore, securing tenure for all – rural and urban, poor and rich, marginalised and mainstream – is not just sound policy; it is a moral imperative.
The county has taken the bold first step. The rest of the arid and semi-arid counties must follow.
The writer is the Mandera executive for lands and physical planning, [email protected]
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