Compulsory acquisition is a common concept lately due to the rapid development in the country. It occurs when the Government acquires land that it has identified from individuals and companies for the purpose of building public infrastructure such as roads and railway lines. This is enabled by the Land Act, 2012 which enables the National Land Commission.
The process requires the National Land Commission to notify the people affected by the acquisition, place notice on the Kenya Gazette and finally make payments for compensation.
What happens when the owner does not have a title deed?
There are Land owners who do not have title title deeds. This is very common in the coast region where majority of land owners do not have title deeds.
Therefore, compensation of such people has to be that of ‘good faith’. Also, the people seeking compensation must have occupied the land for an interrupted period of 6 years prior to publication of the notice to acquire the land.
How is compensation valued?
The National Land Commission will valye the land depending on the structures erected on the land or a reimbursement of reasonable relocation expenses. It should be noted that 15% of the value of the compensation is added as an allowance for the disturbance.
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