With the increased plans by the government to develop the country, especially the expansion of the road networks, several Kenyans fear that they will be displaced as their private land is acquired for the projects.
Some of the affected landowners live near major roads across the country. In the past, business people with shops along the areas marked for development were forced to move while the land owner was compensated by the government as outlined in the Land Act 2012.
As the government undertook the project to construct the Eastern Bypass connecting Ruiru and City Cabanas, numerous businesses we disrupted.
“Where land is acquired compulsorily under this part, full compensation shall be paid promptly to all persons interested in the land,” reads the Act in parts.
Acquisition of Land
According to the Act, the National Land Commission may allocate public land through the process of public exchange upon a request from the national or county and government, where private land is required for public purposes.
It further investigates the intention of the government with the said land. When the intention satisfies the commission, it negotiates with the registered owner of the land.
Upon agreement with the land owner, the commission shall execute a deed of exchange or transfer on behalf of the national or county govt.
The deed is then transferred to the Land Registrar. The commission oversees the issuance of the respective titles, and the benefitting institution shall bear the conveyance fees.
Notably, the proprietor shall only surrender the original title in exchange for the title of the parcel of land received in exchange.
“The national or county government shall not take possession of the exchanged land until the title has been issued to the proprietor of the exchanged private land,” reads the Act in part.
Compensation to Land Owner
Under the Act, compensation can either be in kind in the form of land or money. Furthermore, the commission shall determine an award based on the market value of the land to be acquired.
Additionally, the commission will consider if, in consequence of the acquisition, any of the persons interested are or will be compelled to change their residence or place of business, reasonable expenses incidental to the change.
The commission shall also add a sum equal to 15 per cent of the market value to the amount of compensation as compensation for disturbance.
Every award of compensation shall be final and conclusive evidence of the acreage, value of land, and amount payable, irrespective of whether or not the owner attended the inquiry.
It further highlights that an award shall not be invalidated by reason only of a discrepancy, which may be found to exist between the area specified in the award and the actual area of the land afterwards.
Disclaimer
The commission will not review the compensation in several cases when the publication is made through a special gazette. For instance, if the owner made any changes to improve the piece of land before it was acquired by the government.
Also, no extra compensation is given if the land is damaged after the gazette publication. If the actual market value of the land goes up, the commission will not offer extra compensation.
Other circumstances include the degree of urgency which has led to acquisition, any disclination of the person interested in part with the land, and any damages sustained by the person interested which, if caused by a private person, would not be a good cause of action.
Source: kENYANS.CO.KE