POSSESSION AND VESTING

• Formal taking of possession and vesting; after the amount of the first offer had been paid, the NLC shall then take possession of the land by serving a notice specifying the day of possession on every interested person. The title shall then vest in the national or county government as the case may be.
• Urgent taking of possession; in cases of where there is an urgent necessity for the acquisition of land, and it would be contrary to the public interest for the acquisition to be delayed by following the normal procedures, the NLC may take possession of uncultivated or pasture or arable land upon the expiration of 15days from the date of publication of the notice of intention to acquire.
• Formal possession and vesting; upon taking possession of land, the NLC shall inform the registered owner of the land and the registrar that possession of the land has been taken place and that the land has been vested in the national or county government as the case may be.
• Surrender of document; the NLC shall require the affected persons to deliver possession documents to the registrar, who shall proceed to either cancel them if the whole land has been acquired, or register the resultant parcels, or issue documents for them. The NLC shall instruct the acquiring body to acquire all the land if it is satisfied that the partial acquisition will render the remaining land inadequate for its intended use or disproportionately reduce the value of the remaining land.
• Cancellation and acquisition; The NLC may at any time before possessions is taken of any land acquired, revoke the acquisition and shall compensate damage incurred on persons with interest. Preemptive rights to re-acquire the interest shall be to original owners or their successors upon restitution of full amount so compensated.
• Environment and land court; any dispute of any matter provided for under the Act may be referred to the Land and Environment Court for determination. Under the repealed cap 295, a compensation tribunal was provided for whose jurisdiction was to determine issues to do with valuation and compensation, while matters to do with disputes in law were referred to the court. A proposal has been forwarded to create a tribunal as part of the amendments to the Land Act, 2012.
• Rights of entry and consequences of obstruction; an officer authorized by the NLC shall have rights of entry at all reasonable times. Obstructing the NLC or an officer in undertaking prescribed activities is an offence and liable on conviction for imprisonment for a period not exceeding five years or fine not exceeding three million or to both.
• Way leaves and easements; applications shall be made in the prescribed form to the nlc by the state department or public body applications shall be made in the prescribed form to the NLC by the state department or public body for the creation of a way leave (a right of way over or under another’s ground or property).The NLC shall not begin the process of creating a way leave until all prescribed information has been submitted to it. The applicant shall serve a notice on all persons occupying the affected land, the county government in whose jurisdiction the proposed way leave is to be created and any person interested in the land. The NLC may also create a public right of way for the benefit of the public or community.
• Valuation for compensation; valuation for compensation includes the following;
• The market value of the land and improvements
• Damage sustained or likely to be sustained because of division or separation of land
• Damage sustained or likely to be sustained because of the acquisition damaging the other property
• Expenses incurred due to change of residence or business
• Expenses incurred due to decreased or loss of business
• 15%statutory disturbance allowance
• Other expenses incurred as a result of the acquisition e.g. Professional fees, etc.