EMERGING ISSUES CONCERNING COMPULSORY LAND ACQUISITION IN KENYA- LAND GOVERNANCE OR POLITICS?

Washington H.A. Olima

AfRES from African Real Estate Society (AfRES)

Abstract: Land is the most important natural resource in Kenya. It is highly emotive and valued as its importance hinges greatly on socio-economic as well as political considerations. As a developing country. Kenya requires fast space quality infrastructure development. Over the last decade, the Government of Kenya has substantially increased its focus towards infrastructure development in order to achieve economic growth and transformation. These developments require land which are in private hands, hence forcing the government to undertake compulsory land acquisition for the intended“public purpose". In Kenya legal instruments namely Kenya Constitution2010 and Land Act of 2012 exist for the purposes of expropriation of land. However, land acquisition has always been a delicate issue and is increasingly becoming more complex today despite the existence of the National Land Commission which has got express and constitutional mandate to undertake compulsory land acquisitions on behalf of government agencies. The Kenya populace continue to be intrigued by the emerging issues surrounding the process of land expropriation including disagreements over amounts due for compensation, inappropriate compensation of landowners, political interference and numerous litigations that ultimately result into delayed implementation of infrastructural development. This raises the question- Are the emerging issues concerning land acquisition in Kenya hinge on land governance framework or politics? Focusing on selected development project in Kenya, this paper will briefly trace the origin of land acquisition practice, highlights the current emerging issues, and possible impact on impl ementation process of infrastructure projects.

Keywords: acquisition; Compulsory; Governance; Land (search for similar items in EconPapers)
JEL-codes: R3 (search for similar items in EconPapers)
Date: 2019-09-01
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