The process of compulsory land acquisition

Compulsory acquisition is the process that is stipulated within the Land Act 2012 and is broken down into three stages; pre-inquiry stage, inquiry stage and payment stage.

Sections 107 to 133 of the Land Act 2012 provides for the essential steps involved when undertaking compulsory land acquisition.

The process involves;

1.0   The formal request made to the commission by a competent office that indicates the purpose for which the land is being acquired. The request should provide a substantive purpose or reason as what the land is needed for.

2.0   The second step involves the consideration by the commission and its approval if it meets the core constitutional and statutory threshold, that is, public purpose.

3.0   The third step is the publication of notice of intention to acquire land being published in the Kenya gazette. The commission undertakes public sensitization and participation by holding meetings, workshops and other related appropriate forums aimed at informing the public about the purposed project and the matters involving the procedure thereof, the expectations and responsibilities of various stakeholders in the process of land acquisition.

4.0   The fourth step involves ground inspection and valuation processes to record the improvements that are likely to affect the proposed public project.

5.0   The fifth step involves the publication of the notice of inquiry in Kenya Gazette, service of notice and holding of inquiry. This step allows for the submission of claims by the person who might be interested in the subject land.

6.0   The next step involves issuance of the award of compensation to the persons identified as having interest in the identified land; the landlord, leaseholder (if buildings) or sublease holders (for loss of profit) as applicable.

7.0   The next step involves the payment upon receipt of the requisite funds.

8.0   The next step involves issuance of the notice of taking possession.

9.0   The final step involves final survey and vesting of the land that has been acquired.