This archive report was first published on 13 September 2019.
On September 13, 2019, the Institute of Surveyors in Kenya (ISK) expressed concerns over the Land Value Index Act, which has been signed into law by President Uhuru Kenyatta.
According to ISK President Abraham Samoei, the Act gives the Government power to possess one's land without necessarily compensating them fully.
Samoei pointed out that the phrase 'after paying full compensation' was deleted in Section 125(1), and Subsection (2) which stipulates that an acquiring authority will pay the first deposit of compensation before possession has been deleted in its entirety.
Samoei argued that the enacted law does not stipulate when compensation will take place, but it gives the Government powers to possess the land and transfer it to the relevant authority for project.
He further stated that acquisition of the land in this manner deprives the owner of the benefit they stand to gain.
“Government projects are budgeted for and so should compensation to the affected persons,” Samoei said.
Samoei also expressed concerns over the provisions in the Act on compensation and land value, stating that they will not be to the benefit of the market.
He argued that the valuation of freehold and community land for purposes of compensation under the Act shall be based on land value index, which will be developed by the national and county government.
Samoei insisted that the index should not be used during compensation as it would be impractical, saying, “Land markets operate on the forces of demand and supply and it is not possible to subject the same to legislative control not unless we want to cripple transactions in the sector.”
