Compulsory Acquisition

This is the acquisition of land by the government for a public purpose but subject to fair and prompt compensation. Publication of the intention to acquire is done through the Kenya gazette and County gazette. A notice is also given to the Land Registrar and every person with an interest in the land.
Land compulsorily acquired by the government thus cannot be used for private development and non-payment of compensation may lead to cancellation of the acquisition. In case the government is unable to use the land for the intended purpose it should give priority to the original owners to acquire the land back on restitution of the full amount paid as compensation. Public purpose (or public interest) is limited to matters of regulating rights and land use in;
• The interest of defense
• Public safety
• Public order
• Public morality
• Public health
• Urban planning, or the development or utilization
PROCESS OF COMPULSORY ACQUISITION