What is Devolution and How Did It Change Kenya Land Administration?

When Kenya promulgated the 2010 Constitution, it restructured the entire architecture of government. Power that had previously sat in Nairobi was shared with 47 newly created county governments. Land administration was one of the areas most directly affected.

If you are buying land in Kenya, you will encounter both levels of government. Understanding what each one controls saves you time, money, and avoidable surprises.

What Devolution Actually Means

Devolution is the transfer of specific government functions from the national level down to county governments. The 2010 Constitution did not hand everything to the counties. It created a clear split: certain functions stayed at the national level, others went to the counties, and a few are shared.

Kenya's land system sits across both tiers. That means a single land transaction can involve both the national lands registry and your county government, sometimes in the same week.

What the National Government Retained

The national government, through the Ministry of Lands and Physical Planning and its agencies, kept the core functions of land governance:

Land registration. Title deeds are issued at national land registries. Whether you are in Nairobi, Mombasa, Kisumu, or Nakuru, the title deed comes from a national registry, not from the county.

The National Land Commission (NLC). The NLC was created by the 2010 Constitution to manage public land on behalf of national and county governments, investigate historical injustices, and advise on land policy. It is a national-level body.

National land policy and legislation. The Land Act 2012, the Land Registration Act 2012, and the National Land Commission Act 2012 are national laws that apply uniformly across all 47 counties.

Issuance of government land. When the government allocates public land through letters of offer or grants leases, that process runs through the national government.

What Counties Now Control

County governments took on several land-related functions that were previously centralized.

Land rates. Counties now set and collect land rates, which are essentially a property tax on the assessed value of your land. The rate varies significantly from county to county. Nairobi, Mombasa, and Kisumu set their own rates through their respective county finance acts. If you are buying land that has outstanding rates, you need to clear them with the county, not the national government.

Development approvals. If you want to build on your land, you need planning approval from the county government. The county planning department reviews your drawings, checks them against the approved physical development plan for the area, and either approves, requests amendments, or rejects.

Local physical planning. Counties develop their own county spatial plans and local physical development plans, which determine what can be built where within their boundaries. Industrial, residential, commercial, and agricultural zones are set at county level.

Enforcement of planning laws. Counties have inspectors who enforce compliance with approved plans. If a building does not match the approved drawing, or if someone builds without approval, the county can issue a stop-work order or demolition notice.

Why This Creates a Two-Level Process for Buyers

A practical example makes this clearer. Say you are buying land in Kisumu and you want to build apartments.

You start with the national level: run an official search at the land registry to confirm the owner, check for encumbrances, get LCB consent if needed, and eventually register the transfer. Your title deed will be issued by the national registry.

You then deal with the county: verify that land rates are up to date (Kisumu County), confirm the zoning allows residential apartments, submit building plans for approval, pay development application fees set by the county, and get your construction permit from the county.

Both tracks run simultaneously in a well-managed transaction. Missing either one creates problems later.

Land Rates Vary and Can Be a Surprise

Because each county sets its own land rates, the annual cost of owning land differs across the country. Counties that have not done a valuation roll update in many years sometimes carry artificially low rates. Others, particularly Nairobi and Mombasa, have updated their rolls more recently and charge accordingly.

When you buy land, you inherit any unpaid rates from the previous owner. Always request a land rates clearance certificate from the county before completing a purchase. This document confirms there are no outstanding arrears.

Outstanding land rates can block a transfer from being registered at the national registry, so clearing them is not optional.

What Remains Imperfect

Devolution improved local accountability in theory, but implementation has been uneven. Some counties have well-organized planning departments with clear processes. Others have understaffed offices, unclear zoning maps, and slow approval timelines.

A specific tension worth knowing: the NLC and county governments have overlapping mandates over public land. There have been documented disputes about who has the authority to allocate or manage certain parcels, particularly forestland, riparian land, and former government estate land. These disputes can complicate titles in affected areas.

As of mid-2026, the national government and county governments continue to work out the boundaries of their respective land mandates. For buyers, the practical advice is the same regardless: verify at both levels.

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A Litmus land verification report checks both the national registry record and the applicable county planning constraints for your parcel. Standard reports cost KSh 21,500. If you want a physical field check included, the field verification report is KSh 25,500. Order a Litmus report before you buy.

This article is for general information only and does not constitute legal advice. Consult a qualified advocate for advice on your specific transaction.