What it takes for govt to acquire your land

Residents of Kifuduni village in Mariakani exhuming the bodies of their dead relatives ON mARCH 22, 2015 for reburial at another site after they were compensated to pave way for the construction of the Standard Gauge Railway (SGR). PHOTO | LABAN WALLOGA | NATION MEDIA GROUP

What you need to know:

  • Preliminary Notice, Land Act Sec. 107(1) and (5): The National Land Commission (NLC) receives a request for acquisition from the acquiring body (for instance, Kenya Railways or Ministry of Roads) from the respective Cabinet Secretary or County Executive Member. The land should be acquired for public purposes or in public interest.
  • Notice of inquiry, Land Act Sec. 112 (1,a): The NLC shall appoint a date for inquiry at least 30 days after publishing the notice of intention to acquire, and at least 15 days before the actual date of the inquiry.
  • Award of compensation, Sec. 113 and 114(1): Upon conclusion of the inquiry, the commission shall make a separate award of compensation for every person whom it has determined to be interested in the land.

My family members have lived for generations at the Coast and for all those years, we have seen a lot of investor interest that include the standard gauge railway. These projects have led to compulsory acquisition of land by government causing the youth and women anxiety. Please advise. Rehema wa Boni.

Compulsory acquisition refers to the power of the government to acquire rights in a parcel of land without the willing consent of its owners or occupants to benefit society.

The law governing compulsory acquisition is in Part VIII, Section 107 to 133 of the Land Act 2012. The process involves:

PRE-INQUIRY

Preliminary Notice, Land Act Sec. 107(1) and (5): The National Land Commission (NLC) receives a request for acquisition from the acquiring body (for instance, Kenya Railways or Ministry of Roads) from the respective Cabinet Secretary or County Executive Member. The land should be acquired for public purposes or in public interest.

Preliminary Requirements, Sec. 107(2): NLC will require the acquiring body to provide a comprehensive list of the affected parcels of land and the respective owners, title search details, cadastral maps of the affected areas, a Resettlement Action Plan accompanied by a list of Persons Affected by Project. Compensation should address all the rights of affected persons in an equitable manner.

Notice of intention to acquire, Land Act Sec. 107 (5) 110(1): This is published in the Kenya Gazette after the commission certifies in writing that the land is required for public purposes or in public interest. Upon certification, the commission shall publish notice of intent and shall deliver a copy of the notice to the registrar and to every person who appears to have an interest in the land.

Ascertainment of suitability of land (survey), Sec. 108: All land to be compulsorily acquired shall be authenticated by the authority responsible for survey both at the national and county governments as per the Land Act Sec 107(8).

INQUIRY

Notice of inquiry, Land Act Sec. 112 (1,a): The NLC shall appoint a date for inquiry at least 30 days after publishing the notice of intention to acquire, and at least 15 days before the actual date of the inquiry. A copy of the notice is served on every person who appears to have an interest in the land.

Receipt of claims Sec. 112 (2): Any written claim for compensation is delivered to the commission not later than the date of inquiry. The inquiry determines who are the persons interested in the land.

Powers of the commission, Sec. 112 (5): For purposes of an inquiry, the commission shall have powers of the court to summon and examine witnesses including persons with interest, to administer oaths and affirmations and to compel production and delivery of title documents to the commission.

POST-INQUIRY

Award of compensation, Sec. 113 and 114(1): Upon conclusion of the inquiry, the commission shall make a separate award of compensation for every person whom it has determined to be interested in the land. The commission shall then serve on each person a notice of the award and offer of compensation.

Land in lieu of compensation, Sec. 114(2): Land can be given in lieu of monetary award but such value of land shall not exceed the amount of money the commission considers would have been awarded. Such award shall be deemed to be all the compensation conclusively to which the person is entitled to in respect to the interest in that land.

Payment of compensation, Sec 115: Upon acceptance of the award, the commission shall promptly pay compensation. If the award is not accepted or there is a dispute, the amount is paid into a special compensation account held by the commission.

Payment of interest, Sec 117 & 119: If the amount of any compensation is not paid, the commission shall on or before taking possession open an account into which it shall pay interest on the amount awarded at the prevailing bank rates from the time of taking possession until the time of payment.

Payment of additional land, Sec. 118 and 119: If the acquired land is greater than the area of land in respect to which an award is made, compensation shall be paid for the excess area.

– Send your questions on agricultural land to [email protected]

Directorate Of Research And Advocacy, National Land Commission