Only 202 of 2,634 Urban Areas Have Approved Plans: What This Means for Your Due Diligence

92.3%

Key Data

16 of 47 counties have finalised County Spatial Plans (CSPs), up from 14 the prior year (Section 2.2.1.5, p. 36). 202 of 2,634 urban areas have approved urban plans — 7.7% coverage (Section 2.2.1.5, p. 36); CounselConnect's calculation: 92.3% are unplanned. The NLC issued 34 land-use planning advisories during the year (Table 11, pp. 40-42). Per Figure 18 (p. 37), 43% of counties have only 'initiated' the CSP process, 19% have draft plans, and 4% are at situational analysis.

What Is Happening

Here is what the law says. Article 67(2)(h) of the Constitution gives the NLC the mandate to monitor and oversee land use planning throughout the country. The Physical and Land Use Planning Act (PLUPA) 2019 requires County Spatial Plans (CSPs). Part 2 of the Fourth Schedule of the Constitution assigns planning responsibility to county governments.

Here is what the data shows. Only 16 of 47 counties have finished their CSPs. The NLC compiled a list of 2,634 urban areas; only 202 have approved plans (Section 2.2.1.5, p. 36). The report itself calls this a 'poor scenario' and attributes it to 'continued neglect of planning function by the planning authorities especially county governments' (p. 38). That is a direct quote.

The 16 counties that have completed CSPs are named: Lamu, Makueni, Baringo, Kericho, Bomet, Kilifi, Kwale, Narok, Nakuru, Kajiado, Bungoma, Siaya, Trans Nzoia, Kirinyaga, Migori, and Nyandarua. The NLC is actively monitoring implementation in Makueni and reviewing the Lamu CSP (Table 8, p. 32). It issued 34 advisories covering Part Development Plans (PDPs) in Turkana, Kiambu, Kirinyaga, Embu, and elsewhere (Table 11, pp. 40-42).

Why It Is Happening

Planning requires money, technical capacity, and political will. County governments often lack all three. FAO and European Union (EU) funding under the Digital Land Governance Programme has helped: the improvement from 14 to 16 completed CSPs this year, and the shift from 11 counties that had not started to all 47 having initiated the process, are attributed to this sensitisation programme (Section 2.2.1.5). But coverage remains thin.

CounselConnect's interpretation: the gap between the statutory requirement and the ground reality creates two distinct risks. In the 31 counties without CSPs, you cannot confirm permitted use, density, or zoning from an approved plan. In the 16 counties with CSPs, enforcement is approaching — the NLC is monitoring, and properties developed without PDP approval in a CSP county face enforcement action under PLUPA 2019.

Practice Impact and Revenue

CounselConnect's interpretation for conveyancers: planning gaps change due diligence. In the 31 counties without finalised CSPs, add a planning-compliance caveat to your due diligence reports. In the 16 CSP counties, check whether your clients' developments have PDP approval. The NLC is not just producing reports; it is monitoring implementation in Makueni and reviewing Lamu's CSP (Table 8, p. 32). The 34 advisories in Table 11 cover specific parcels in specific counties, and each one signals the NLC's position on a land use question.

CounselConnect also identifies a litigation angle: planning disputes are rising. The NLC issued advisories on disputed parcels in Maki Estate Thika, Gatitu Trading Centre Nyeri, and Nakuru West Health Centre encroachment (Table 11). Each advisory signals a potential court dispute.

Revenue Impact

Offer PDP-preparation advisory services to developers in counties without approved plans; they need guidance on the PLUPA 2019 process and most do not have it. A change-of-use and subdivision advisory for counties where CSPs exist but local plans do not fills another gap. Planning advisory work recurs — once a client starts developing, they need compliance support at every stage. This is CounselConnect's interpretation of the market opportunity.

Strategic Insight — What Most Advocates Will Miss

The 16 CSP counties are where enforcement will arrive first. CounselConnect's interpretation: if your clients have property in Lamu, Makueni, Baringo, Kericho, Bomet, Kilifi, Kwale, Narok, Nakuru, Kajiado, Bungoma, Siaya, Trans Nzoia, Kirinyaga, Migori, or Nyandarua, check their compliance now. In the other 31 counties the risk is different but still real: a CSP adopted later can retrospectively reclassify land use, catching existing developments off guard. The report does not predict enforcement; CounselConnect infers it from the NLC's monitoring activity and advisory output.

Action Checklist

1. 01Check whether your county has a finalised CSP using the list on p. 36 this week — if yes, audit your clients' compliance; if no, add a risk caveat to your due diligence reports.
2. 02Draft a client advisory on PDP requirements under PLUPA 2019 this month; developers in unplanned areas need to understand the process and risks.
3. 03Review the 34 NLC planning advisories in Table 11 (pp. 40-42) for any affecting your county this week — each reveals the NLC's position on a specific matter.
4. 04Contact your county's Physical and Land Use Planning Liaison Committee this quarter; the report references committees being established in Kwale, Busia, and Kiambu (Section 2.2.1.6).