How zoning of land affects your development plans

In Kajiado County where most co-operative societies and people working in Nairobi have invested, a new zoning regulation, aimed at controlling the use of land, has left some developers stranded on what to do with their properties.

“We are not approving any developments that are against the zoning regulations. We have divided the zones into classes such as residential, agricultural, pastoralism, commercial and industrial with a required acreage for every use in different areas,” said Kajiado County Lands Executive Hamilton Parseina.

The zoning is aimed at protecting the value of a property; prevent overcrowding by limiting the size of parcels and bar uses incompatible in an area.

Zoning regulations vary from county to county and may change a real estate zoned as commercial to residential.

Kajiado County Physical Planning (Land Subdivision and Amalgamation) Regulations 2018 shows that no person will be allowed to carry out subdivision or amalgamate any land within the area without development permission from the county government.

Any person who contravenes this will be guilty and liable to a fine of not less that Sh50,000 for each resultant portion or imprisonment not exceeding two years or both.

A technical committee appointed to deal with land issues in the area is expected to take a maximum of 60 days to deal with an application and a compliance certificate issued to the applicant.

For a subdivision or amalgamation plan to be passed, it must contain features such as boundaries, wayleaves and the size of roads.

Mr Parseina said subdivision of land would also be pegged on hectares and permissible use as per the zoning in a bid to protect 80 per cent of land in the county for agriculture purposes.

“In the zoning, urban areas are mainly for residential and commercial, while some parts have been marked for commercial use. We do not want factories to be constructed within residential areas or have quarries next to where people live,” he added.

For instance, in Kajiado East (Kitengela, Kaputei North and Kisaju) where land has been subdivided in large numbers, mixed urban use is allowed within two to five kilometres, while a radius of 0.5 to two kilometres in Oloosirkon trading centre is purely residential.

Those who bought land in Oloosirkon area for purposes of putting up commercial buildings will have to change their plans since the technical committee will only approve subdivisions for residential use. Co-operative societies buying land one to five kilometres from Namanga Road (between KAG - East Africa University and Isinya town) will not be able to subdivide to 50 by 100 plots that are preferred for residential homes because the area is strictly for agriculture in a minimum of 1 hectare.

In Kajiado South’s Rombo “B”, Kuku, Eselenkei, Olgulului/Oloolarashi and Mbirikani that has ranches, the status quo on hectares is to be maintained for purposes of pastoralism and conservation.

Land owners in Kajiado Central have not been spared by the new regulations. Here, properties within the radius of one to three kilometres on a minimum of 0.045 hectares within Mailua, Osilalei, Lorg’osua, Metoo to Purko to be developed for mixed urban use only.

The county government will also not approve any subdivision in Ngong Township, Ong’ata Rongai, Kiserian, Embulbul and Olekasasi that is below 0.045 acres for mixed urban use.