Challenges in compulsory acquisition of land in Kenya 1

Abstract

This chapter explores the challenges encountered in the use of compulsory acquisition of land as an instrument of land policy. It therefore proceeds as follows: the policy environment covering the legal and constitutional provisions, historical challenges during both the colonial era and the independence constitution era, and the emerging new challenges in the 2010 Kenya Constitution era. The chapter presents recommendations and conclusion. During the independence constitution era, the main challenge was litigation for registered land and the lack of a cadastre for unregistered land. The main challenge to the compulsory acquisition of land during the period of the independence Constitution was litigation especially in relation to dissatisfaction with the quantum of compensation. The litigation partly arose from the constitutional provision that gave property owners direct access to the High Court to challenge issues of compulsory acquisition. Kenya has an ambitious development programme – Vision 2030 – that aims to propel the country into a middle-income economy by 2030.