Only 19 of 47 Counties Have Approved Spatial Plans: Your Due Diligence Has a Blind Spot

Key Data

19 counties (40%) have finalized County Spatial Plans (CSPs) as at 2025, up from only 2 in 2019 (p. 33). The 19 are: Lamu, Makueni, Baringo, Kericho, Bomet, Kilifi, Kwale, Narok, Nakuru, Kajiado, Bungoma, Siaya, Trans Nzoia, Kirinyaga, Migori, Nyandarua, Nandi, Nairobi, and Mombasa (p. 33). 31 counties are 'in the process of preparing their plans' (p. 33). Commissioner Murugi's reflection notes 'only 19 counties out of 47 have approved county spatial plans underscoring the need for continued advocacy' (p. xi).

What Is Happening

The report records a tenfold jump from 2 to 19 CSP counties between 2019 and 2025 (p. 33, Fig 3.12). That is real progress. But it leaves 28 counties — 60% of the country — without an approved spatial plan. The report itself describes this as 'a worrying trend which can be attributed to continued neglect of planning function by the planning authorities' (p. 34).

CounselConnect's reading for conveyancers: without a CSP, there is no authoritative reference for land-use zoning, development control, or change-of-use applications in those 28 counties. Due diligence there relies on piecemeal local development plans under the Physical and Land Use Planning Act 2019 (PLUPA), many of which are outdated or non-existent.

Why It Is Happening

The report attributes the gap to 'continued neglect of planning function by the planning authorities' (p. 34). Commissioner Murugi adds 'persistent underfunding and limited appreciation of planning function particularly among planning agencies' (p. xi).

Institutional: the NLC 'collaborated and sensitized all the 47 counties on land use planning matters with support from FAO and EU' (p. 35), suggesting that counties with completed CSPs often had external support.

Practice Impact and Revenue

CounselConnect's reading: your due diligence scope must now differentiate between CSP and non-CSP counties. In the 19 CSP counties listed at p. 33, you can confirm land-use zoning and check for proposed road reserves or public-utility designations. In the 28 counties without CSPs, none of that is possible. CounselConnect's opinion: property developers and banks financing projects in non-CSP counties face regulatory uncertainty that should be disclosed in your advisory.

The report notes the NLC 'reviewed more than 15 urban plans and Part Development Plans' and 'monitored preparation of 4 LPDP plans within Mandera county' (p. 32). CounselConnect's reading: draft plans exist in many non-CSP counties; advocates who access these drafts can advise clients on likely restrictions before formal adoption.

Revenue Impact

CounselConnect's opinion on revenue (not financial advice): the CSP gap creates a new advisory product. Property developers, investors, and banks financing projects in non-CSP counties need legal opinions on land-use risk. A standard advisory opinion on spatial-plan status, current zoning (where it exists), and risk mitigation for a specific parcel is work that did not exist before PLUPA 2019 created the compliance question. Fee structures should comply with the Advocates Remuneration Order.

Strategic Insight — What Most Advocates Will Miss

CounselConnect's reading: the 28 counties without CSPs are not just a gap — they are a window. The report records that 31 counties are 'in the process of preparing their plans' (p. 33). Once those plans are adopted, land-use restrictions will apply. CounselConnect's opinion: clients who acquire land in non-CSP counties now, without checking draft CSP status, may find their development plans restricted when the plan is gazetted. The advocate who can access draft CSP documents from county planning departments holds a first-mover advantage. This is strategic opinion, not legal advice.