Land for infrastructure development: compulsory acquisition and compensation of unregistered/undocumented land in Kenya | Land Portal | Securing Land Rights Through Open Data

Resource information

Date of publication: 
March 2017
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Kenya’s Vision 2030 aims at transforming the country into a newly industrialized middle income country

and infrastructural development is high on the agenda to achieve this. Competing land uses and existing

interests in land make the use of eminent domain by government in acquiring land inevitable. However

most of the land earmarked for compulsory acquisition comprises of un- registered land whose interests

are not formally documented. Kenya has progressive statutes that provide for compensation of land that is

compulsorily acquired even where the owners/ occupants do not hold legal titles. The paper explores how

the government while implementing infrastructural development projects on land acquired using the

principle of eminent domain; was able to identify genuine land owners and holders of different interests,

value the land and award fair and just compensation. It looks at how grievances were resolved using

alternative dispute resolution mechanisms. It also explores the benefits negotiated for the affected

communities and safeguards being put in place to guide future compensations, protection of family

interests and ways of ensuring participation by women, the youth and vulnerable members of the


Authors and Publishers

Author(s), editor(s), contributor(s): 
AGATHA WANYONYI, MONICA OBONGO, PETER MBURU, JANE NDIBA Ministry of Lands and Physical Planning, Kenya

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