The right to land and the problem posed by compulsory acquisition of community land
SIMIYU, RUBY BUYAKI
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Compulsory acquisition is a legal tool that is used by the state to acquire land from its citizens. Its justification is for a public purpose. It is a principle enshrined in the law that intends to strike a balance between the interest of the citizens and the public at large. More specific to this study is the compulsory acquisition of community land. This paper aims to look at the gaps in the law that facilitate compulsory acquisition of community land and how it clashes with the principles of communal land holding. Primarily it shall focus on the prompt and just compensation to the community(s) whose land is being compulsorily acquired, guaranteed in law and the ambiguity this presents both in law and in practice. It shall also focus on the failure by the state to take into consideration the values, customs and practices of communities related to the land. It will be supported by journal articles, reports and case law both local and foreign. Finally the paper will conclude by attempting solutions that legislators and policy makers can take into consideration when making laws and policies regarding compulsory acquisition of community land.