Article 40(1) of the constitution of Kenya 2010 states that subject to Article 65, every individual has an absolute right either individually or in association with others, to acquire and own property of any description in any part of Kenya.
Article 40 (2)(a) states that parliament shall not enact a law that permits the state or any other person to arbitrarily deprive a person of property of any interest in, or right over, any property of any description in Kenya.
Article 40(3)(b) of the constitution also provides that the state shall not deprive a person of property of any description unless the deprivation is for a public purpose or in the public interest and is carried out in accordance with the constitution 2010 any act of parliament that :
I. Requires prompt payment in full, of just compensation to the person; and
II. Allow any person who has an interest in or right over, that property a right of access to a court of law.
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