APPLYING LEWIN’S (1947) MODEL

TO UNDERSTAND CHANGE

MANAGEMENT THROUGH POLICY

AND LAW IN KENYA’S LAND SECTOR

Lyla LatifUniversity of Duisburg- Essen, Institute of Political Science

“Can governmental organizations

change?”Fernandez & Rainey in Managing Successful Organizational

Change in the Public Sector

Selection criteriaAbramson & Lawrence in The Challenge of Transforming Organizations: Lessons Learned about Revitalizing

Organizations

Large Scale

Planned

Strategic

Administrative Change

Background

Pre colonialist era Communal land

Chieftains

Colonial era Colonialists designated areas

for the natives

Introduced the hut and poll tax

Concept of absolute proprietorship introduced

Independence Concept of public land

Retention of private ownership

Group ranches

Post independence Era of land grabbing

Illegal allocations

Irregular allocations

Njonjo and Ndung’ucommission

Current period (2008 to date) Post election violence

Reform period National Dialogue and

Reconciliation Accord -Agenda 4

National Land Policy 2009

Articles 60 – 68 of the Constitution of the Republic of Kenya

Revision, consolidation and rationalization of existing land laws

The laws that required revision,

consolidation and harmonization The Government Land Act, Cap

280

The Registration of Titles Act, Cap 281

The Land Titles Act, Cap 282

The Land Adjudication Act, Cap 284

The Land Consolidation Act, Cap 283

The Registration of Documents Act, Cap 285

The Trust Land Act, Cap 288

The Rent Restriction Act, Cap 296

The Registered Land Act, Cap 300

The Way leaves Act, Cap 292

The Landlord & Tenants (Shops, Hotels and Catering) Act Cap 301

The Land Control Act, Cap 302

The Agriculture Act, Cap 318

The Wildlife (Management & Conservation) Act, Cap 376

The Road Act No. 2 of 2007

The Indian Property Transfer Act (ITPA), 1882

The Sectional Titles Act, No 21 of 1987

The Land Acquisition Act, Cap 295

The Trespass Act Cap 294

The Land (Group Representative Act) Cap 287

The Trusts of Land Act, Cap 290

The list goes on…

The Distress for Rent Act, Cap 293

The Land Planning Act, Cap 303

The Equitable Mortgages Act, Cap 291

The Mortgages (Special provisions) Act, Cap 304

The Mining Act, Cap 306 [The

Mining and Minerals Bill, 2011]

The Petroleum (Exploration and Production) Act, Cap 308

The Egerton University Act, Cap 214

The Sisal Industry Act, Cap 314

The Grass Fire Act, Cap 327

The Irrigation Act, Cap 347

The Water Act, Cap 372

The Fisheries Act, Cap 378

The Kenya Ports Authority Act, Cap 39

The Public Roads and Roads of Access Act, Cap 399

The Lakes and Rivers Act, Cap 409

The Stamp Duty Act, Cap 480

The Estate Duty Act, Cap 483

The Banking Act, Cap 488

The Shelter Afrique Act, Cap 493 C

The Geothermal Resources Act

The Land Dispute Tribunal Act, No 18 of 1990

The Coast Development Authority, Cap 449

The list is NOT exhaustive

The Kerio Valley Development Authority, Cap 441

The Lake Basin Development Authority Act, Cap 442

The Tana and Athi River Development Authority Act, Cap 443

The Ewaso Ng’iro South River Basin Development Authority Act, Cap 447

The Environmental Management and Co-ordination Act, No. 8 of 1999

The Law of Contract Act, Cap 23

Forest Act, Act No. 5 of 2005

Need for change and its

management to be addressed

through The National Land Commission Act

The Land Act

The Land Registration Act

The Community Land Act

Methodology Lewin’s (1947) model

8 factor model for change management

1. Ensure the need

2. Provide a plan

3. Build internal support for change and overcome resistance

4. Ensure top management support and commitment

5. Build external support

6. Provide resources

7. Institutionalize change

8. Pursue comprehensive change

Ensure the need

Managerial leaders to persuade members and stakeholders of the need for change

Crafting a compelling vision (overall direction for the change and strategies)

Continuing process of exchange with stakeholders and participants

The long list of laws

Irregular and illegal

allocations

Collective goal

Features The case of Kenya

Provide a plan

Course of action

(vision is not

enough)

Policy stage (clear,

specific goals and

desired outcomes)

Policy ambiguities

can sow confusion

Agenda 4

NLP, 2009

Constitution of

Kenya, 2010

Ministry of Land

contracting

consultants to draft

the bills

Feature The case of Kenya

Build internal support for change and

overcome resistance

Build internal support

Reduce resistance through participation in the change process

Create urgency (crises)

Threats and compulsion to ward off resistance

Bargaining, persuasion, rewards

Political will (bounded hands)

Budget allocations to the Ministry of Land

Ministry setting up department to kick start the process

Constitutional mandate

Features The case of Kenya

Ensure top management support

and commitment

Influences the change process

Either an individual or a coalition giving legitimacy to the process (cabinet members, top level career civil servants)

Constitutional

mandate

Commission for the

Implementation of

the Constitution set

up

Features The case of Kenya

Build external support

Build support from political overseers (power to impose statutory changes and control the flow to vital resources to public organizations) and key external stakeholders (interest groups)

Obtain the skills required for managing the change

CSOs, NGOs, Human Rights watchdogs backing change

Linked groups (surveyors, economists)

Leasehold and private owners

MNCs, corporations and foreign owners and companies

Public consultations

Stakeholder consultations

Public education

Features The case of Kenya

Provide resources

Sufficient resources

to support the

process (change is

not cheap or without

trade-offs)

Department staffing for monitoring progress

Stakeholder and public consultations

Expert consultants

Media

Booklets for information dissemination

Nation wide consultation

Features The case of Kenya

Institutionalize change

Part of daily routine to make the change enduring

Out with the old, in with the new approach

Not easy (Armenakis, Harris & Field [1999] model)

Repeal and effecting of the new land laws

Piecemeal implementation (timeline)

Electronic registries

Administration and management

Overcoming challenges

Lost files

Few registries

Outdated registry systems

Investigations and adjudication of land disputes

The Environment Land Act, 2011

Features The case of Kenya

Pursue comprehensive change

Comprehensive approach to change (not just a departmental change, the whole ministry for example)

Understand the change

Build momentum for the broader array of changes to follow

Consistency

Team spirited approach

Transition

Secondment and

termination of

contracts

Addressing illegal and

irregular allocations

Addressing historical

injustices

Features The case of Kenya

Key highlights

Which of the steps were found to be critical? Each step leads to the next stage to be addressed and

brings in consistency

Easy to follow up when monitoring and evaluating the

success or failure of the change

Most important stages in the context of Kenya were

the first and the last

In the context of Kenya, support was found to be

critical and if that support had not been entrenched in

law; the constitution being the highest of all laws, the

change management may not have successfully

occurred

Key highlights (continued)

Has the process been successful? Partly yes

The long list of laws that created ambiguity and caused mismanagement were replaced by 2 main sources of land law

Registries have been streamlined and conveyancingprocedures better regulated

Institution that were required to be set up have been established and are functioning (National Land Commission, the Environment and Land Court)

Partly no

Irregular and illegal allocations not addressed

Issue of landlessness not addressed (squatters)

Legal and administrative tussles over functions between National Land Commission and county government

Key highlights (continued)

What is being done to address the challenges

resulting from the change in the land sector Calls to amend certain provisions of the new statutes

to remove ambiguity

Court decisions on interpretation on various provisions

of the land laws and guidance on whether the National

Land Commission or the county government exercises

jurisdiction

Departments coming up with strategic plans to ensure

the provisions of the new land laws are fully enforced

Conclusion

Can government organizations change? To some extent when it is a law driven initiative

backed up by political support and sometimes

international pressure.

Thank you for listening