Last Updated May 23, 2019

Law and Practice

Contributed By MMC Africa Law

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MMC Africa Law was established in 1995 and is headquartered in Spring Valley, Nairobi, with a full-service office in the coastal city of Mombasa. The firm is made up of 12 Partners and over 30 lawyers with expertise in a wide variety of legal matters. As well as being a member of ALFA International, a global network of independent law firms, it has a close association with the leading global law firm of Orrick, Herrington & Sutcliff LLP. MMC Africa Law’s dedicated real estate team comprises three partners and 12 lawyers who pride themselves on their extensive experience handling sophisticated and complex transactions such as those relating to mixed-use developments, an emerging market in real estate. The team also offers specialised services in urban regeneration projects, construction law, REITs, hospitality and hotels, residential developments, commercial and farmland leases, land use and planning, environmental compliance, contractual agreements, conveyancing and conducting due diligence on property.

Article 40(3) of the CoK allows the state to compulsorily acquire property where the property is required for a public purpose or interest. Such acquisition should be followed by prompt compensation of the person affected.

Section 107 of the LA provides the procedure for compulsory acquisition of land by the government as follows:

  • the respective cabinet secretary submits a request for acquisition of land to the NLC to acquire land on its behalf;
  • the NLC may reject a request of an acquiring authority if it establishes that the request does not meet the prescribed requirements;
  • in the event that the NLC has not undertaken the acquisition within 30 days, it is required to give the acquiring authority the reasons for the delay and the conditions that must be met;
  • upon approval of a request, the NLC publishes a notice to that effect in the Kenya Gazette, delivers a copy of the notice to the registrar of lands and every person who appears to the NLC to be interested in the land;
  • upon service of the notice, the registrar makes an entry in the register;
  • just compensation is paid promptly and in full to all persons whose interests in the land have been determined; and
  • the acquiring body is required to deposit with the NLC the compensation funds, in addition to survey fees, registration fees and any other costs before the acquisition is undertaken.
MMC Afica Law

MMC Arches,
Spring Valley Crescent,
Off Peponi Rd.
Westlands

+254 020 2329898

+254 720 585 785

eomulele@wakili.com www.wakili.com
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MMC Africa Law was established in 1995 and is headquartered in Spring Valley, Nairobi, with a full-service office in the coastal city of Mombasa. The firm is made up of 12 Partners and over 30 lawyers with expertise in a wide variety of legal matters. As well as being a member of ALFA International, a global network of independent law firms, it has a close association with the leading global law firm of Orrick, Herrington & Sutcliff LLP. MMC Africa Law’s dedicated real estate team comprises three partners and 12 lawyers who pride themselves on their extensive experience handling sophisticated and complex transactions such as those relating to mixed-use developments, an emerging market in real estate. The team also offers specialised services in urban regeneration projects, construction law, REITs, hospitality and hotels, residential developments, commercial and farmland leases, land use and planning, environmental compliance, contractual agreements, conveyancing and conducting due diligence on property.

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