In the last 20 years, several Kenyans lost their pieces of land to the government and other public institutions seeking to expand or for other security purposes.
Most affected families first opposed the plan allowing the government to repossess their vast land. For instance, hundreds were displaced during the construction of the Standard Gauge Railway (SGR), Nairobi Expressway and other road projects in the country.
According to Lands Acquisition Cap 295, the government can compulsorily acquire and utilise a piece of land for public benefit.
The doctrine enshrined in the country's land laws grants the government power to repossess land from an individual. Under such circumstances, a person's land and minerals become government property.
Why and When Government Can Take Your Land
According to Land Acquisition Cap 295, the government can repossess one's land to set up a military camp where public safety is compromised.
Other reasons include when the government is planning town or country development, setting up a health facility, education centre and other facilities that promote public benefit.
For instance, In Gatundu, residents were forced out of their land to pave the way for the construction of Mama Ngina University.
Process of Compulsory Acquisition
The first step in the compulsory land acquisition involves publishing the details in a Gazette notice and copies served to every person interested in the land.
After serving all the interested parties, the government is expected to survey to ascertain whether the land is suitable for the acquired purpose.
"The Commissioner may in writing authorize any person, together with servants and workmen, to enter upon any land specified in a notice published under section 3 and to survey the land and to do all things which may be reasonably necessary to ascertain whether the land is suitable for the purpose for which it may be required," the Land Acquisition Act read in part.
Benefits
After complete due process, the affected landowners are expected to be compensated according to the current market rates.
"Where land is acquired compulsorily under this Part, full compensation shall be paid promptly to all persons interested in the land," the Cap indicates.
"The Commissioner shall appoint a date, not earlier than thirty days and not later than twelve months after the publication of the notice of intention to acquire, for the holding of an inquiry for the hearing of claims to compensation by persons interested in the land," it adds.
Before remitting funds to the aggrieved landowners, the government initiates an inquiry. During the inquiry process, the government evaluates the value of the land.
"For the purposes of an inquiry, the Commissioner shall have all the powers of the Court to summon and examine witnesses, including the persons interested in the land, to administer oaths and affirmations and to compel the production and delivery to him of documents of title to the land," the Land Acquisition Cap prescribes.
"Upon the conclusion of the inquiry, the Commissioner shall prepare a written award, in which he shall make a separate award of compensation to each person whom he has determined to be interested in the land," the Cap further indicates.
In a recent case, over 1,600 families received Ksh1.4 billion in compensation for the special economic zone project in Dongo Kundu, Kilifi County.
However, due to cartels, most people lose their money in compensation. Land wrangles even delay the compensation process.
In other instances, investors rush to areas earmarked for acquisition and buy land from owners at affordable rates. During the compensation process, they end up reaping millions from the government.
