Understanding Eminent Domain - #OwnLandInKenya

Eminent domain, a term that often raises concerns among property owners, especially in the context of public infrastructure projects that can lead to positive outcomes for the community. In Kenya, “eminent domain” refers to the government’s authority to acquire private property for public use, sometimes without the owner’s consent. However, it’s essential to understand that this process is not something to fear.

When the government identifies land for projects like highways or railways, they are required by law to compensate property owners fairly. This compensation is typically at the market value of the land, the value of any structures on it, and even lost income from rental properties for a reasonable period.?

For example, when the Government of Kenya was building the Thika Superhighway, the Eastern Bypass, the SGR, and other big infrastructure projects, a lot more space than what was available as public space was needed to accommodate the new structures. Private landowners had to give up their properties nearing the projects because they were for the public good. So, legally, the Government had to compensate them for the land or property that was taken.?

The process begins with the government notifying property owners about their intentions, often through public outreach and formal written notices. Property owners have the right to engage with the government regarding the valuation of their property and can dispute it if they believe it is undervalued. There have been instances where landowners successfully challenged the government’s valuation in court, resulting in higher compensation.

Ultimately, while the concept of eminent domain may seem daunting, it is crucial for property owners to stay informed and engaged. Understanding your rights and the compensation process can help you navigate this situation effectively if it happens to you. If you are in such a situation, we encourage you to engage a licensed advocate to assist you through the process.

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