Housing & Property
Legal, Policy and Institutional Review of the Affordable Housing Sector in Kenya
November 22, 2022 · 1 min read
By Muriuki Muriungi, with Seeta Shah
An enabling policy, legal and regulatory environment is critical to delivering affordable housing, alongside market, socio-political and environmental conditions. With FSD Kenya, I led a study of the entire legal, policy and institutional framework for affordable housing in Kenya, to map the legal landscape and identify areas for reform.
Scope
The review covers four links in the housing value chain: land assembly, acquisition, title and registration; physical planning; construction and maintenance; and financing, including investment, rental and taxation. It examined about 140 current and pending laws, policies and regulations, and 48 court cases.
Key findings
- Each link in the value chain is governed by multiple policies, laws and agencies with overlapping functions, which lengthens and complicates housing delivery, raises costs and risks, and deters investment.
- National and county government departments need to coordinate better to enable faster, more cost-effective approvals.
- Several existing policies and laws remain unimplemented and need support.
- Current housing data should be made available and easily accessible to the market.
The central recommendation is a comprehensive Housing Act that improves coordination across the sector, integrates consumer protection and promotes data collection for market transparency. The report was circulated as a draft for comments to prompt discussion among stakeholders and help set priorities for Kenya's affordable housing agenda.
