Just compensation in the compulsory acquisition process in Kenya

Abstract

Just Compensation is a vital aspect of compulsory acquisition. It is important that upon completion of compulsory acquisition of land, the victims of the process, are justly compensated, as they have significantly suffered a detriment in the property they initially owned. In order to achieve this, the current provisions on just compensation must adequately be defined in order to ensure that there is no gap in the law concerning the same, to ensure that entities involved in compulsory acquisition, do not take advantage in the ambiguities found within the provision and finally to ensure that court do not set wrong precedence on matter of just compensation. The main aim of this paper, therefore, shall be to explain how to conclusively and in full, define just compensation. The paper shall identify the challenges that are currently present in defining just compensation and how to fully resolve these challenges. This shall be explained through the aid legal statutes, both from the local and foreign perspective, case law from different jurisdictions, journal articles and published books The paper shall conclude by providing summarised proposed solutions, discussed throughout the chapters, on how just compensation should be defined.