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.