This archive report was first published on 26 June 2020.
Friday, June 26, 2020, marked a day of reflection on the complex issue of evictions in Kenya. As Ibrahim Mwathane notes, the subject is informed by two very different schools of opinion.
On one hand, there is the inherent need for everyone to have a place to call home and feel secure in it, regardless of how they acquired it. On the other hand, there is the need for landowners to enjoy secure rights without intrusion from unauthorized persons.
Evictions occur for various reasons, including genuine landlessness, political influence, and commercial squatting. Some individuals move onto vacant land, feeling confident that no one will intervene, while others are encouraged by political investors or target vacant land for settlement and informal sales.
According to the 2012 Land Act, which was amended in 2016, evictions must be done in a meticulous and rigorous manner. Landowners must notify unlawful occupiers of private, public, or community land of any intended eviction, serving notice not less than three months before the eviction.
For public land, notice must be served on the Land Commission, while for unregistered community land, it must be served on the County Executive Committee Member responsible for land matters. Private landowners must serve notice on the unlawful occupier, which must be published in the Kenya Gazette, a national newspaper, and local radio.
Where large groups are involved, private owners must publish notice in at least two national newspapers. Those targeted for eviction can move to court, which may confirm, vacate, alter, or suspend the notice. Evictions must be done in the presence of government officials, be humane, and respect rights to life and property.
