111. The Land Acts and the National Land Management information system make provisions for the
digitalization of documents relating to land. The positive effect of the amendments to the legal regime
relating to property have led to the simplification/streamlining of the processes. There has also been an
improvement in the capturing of information and data relating to land. The Government is in the
process of automating the land registries all over the country thereby leading to an improvement in
land transaction and reducing corruption. However, some of the challenges to the efficient
management of land include cultural attitudes, the manual system of land records and non Sustainable
land use. It is hoped that that some of the challenges will be addressed by the National Land
Commission and the new land laws.
MEASURES TAKEN TO FULFIL ECONOMIC AND SOCIAL RIGHTS
112. For the first time in the country’s history, the Constitution of Kenya protects economic, social and
cultural rights (ESC). Article 19 (1) prefaces the Bill of Rights by stating that it: “... is an integral part of
Kenya’s democratic State and is the framework for social, economic and cultural policies.” The Bill of
Rights provides for ESC rights under three classes; Stand alone ESC rights governed by the principle of
progressive realisation of rights under Article 43 of the Constitution, specific ESC rights for women;
consumers; children; persons with disabilities; youth; older persons; minorities and marginalised
groups; and group rights applicable to communities rather than individuals.
113. Kenya Vision 2030 is the country’s developmental blue print whose overall aim is the transformation
of Kenya into a newly industrialising ‘middle income country providing high quality of life for all of its
citizens by 2030’. The Vision also aims to ‘create a cohesive, equitable and just society based on
democratic principles grounded in the existing rich and diverse cultures’. As part of its international
obligations to respect, protect, promote, ensure and fulfil human rights, the Kenya Vision 2030 also
commits to ensuring ‘economic development across all regions of Kenya, to build a just and cohesive
society with social equity in a clean and secure environment’ as well as the realisation of a ‘democratic
political system founded on issue-based politics that respects the rule of law and protects the rights and
freedoms of every individual…’
114. The Vision, implemented through five-year Medium Term Plans (MTPs) is currently in its second fiveyear phase. Each year, the Ministry for National Planning and Vision 2030 has issued annual progress
reports on the Implementation of the First MTP with each Ministry reporting according to pre-agreed
targets reflected in their performance contracts and measured against the National Handbook of
Indicators. Tracking progress on public programmes and specifically economic, social and cultural
rights has therefore significantly improved and is set to be strengthened in the newly-developed MTP
which will cover the period from July 2013- June 2018.
Right to Housing
115. Article 43 (1) (b) of the Constitution of Kenya makes provision for the right to accessible and adequate
housing and reasonable standards of sanitation. Article 60(1)(f) provides for important principles that
must underpin any land policy and include elimination of gender discrimination in law, customs and
practices related to land and property, sound conservation and protection of ecological sensitive areas,
sustainable and productive management of land resources. Article 27 prohibits the State from
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