This archive report was first published on 14 September 2019.
Kenya's efforts to simplify the process of compulsory land acquisition and compensation have hit a roadblock, with concerns that a new law infringes on the country's Constitution.
The Institute of Surveyors of Kenya (ISK) has called for the suspension of the Land Value Index compilation, citing sections of the Act that they believe will cause undue hardship for landowners.
Specifically, ISK argues that Section 124 of the Act, which allows the National Lands Commission to acquire land before making payment, is in direct conflict with the Constitution's requirement for prompt and full payment for any property taken by force.
Under the Act, the government has a year to compensate landowners based on the value in the index, rather than the prevailing market rate.
“Land acquisition deprives the owner of the benefit of using the land and should be paid before taking possession. Moreover, government projects are budgeted for and should compensate the affected persons,” said ISK president Abraham Samoei.
Samoei emphasized that compensation should be based on market value, with the land value index serving as a guide to interpret property pricing trends.
The Land Value (Amendment) Act, 2019, was signed into law by President Uhuru Kenyatta in August, with the aim of ending land speculation and ensuring the government pays fair prices for land acquired for public infrastructure projects.
The Ministry of Lands is tasked with developing a national index detailing the value of land across the country, which will serve as the basis for compensation and deter court disputes.
The index is expected to be completed by January next year.
