Assessment of the constitutionality of Section 2 and Section 120 of the Land Act on prompt payment of compensation during the compulsory acquisition process in Kenya while comparing to India and Australia

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dc.contributor.authorKuria, Y.
dc.date.accessioned2025-11-20T10:31:07Z
dc.date.available2025-11-20T10:31:07Z
dc.date.issued2024
dc.descriptionFull - text undergraduate research project
dc.description.abstractCompulsory land acquisition is an important process that helps with the development of a country. In Kenya, this process is acknowledged in the 2010 Constitution, Article 40. The acquisition ought to be for a public purpose and compensation to be paid justly and promptly as provided by the Constitution and Land Act. Despite this the landowners are being disadvantaged by this process because of the lack of definition of the term prompt. Therefore, this study focuses on the constitutionality of the laws on compulsory acquisition and more so, on prompt payment of compensation by conducting qualitative research. It also conducts a comparative analysis in Australia and India that has laws that ensure that the landowners are not being disadvantaged by the acquisition. This study gives a meaning of what prompt payment is and of which ensures that none of the parties involved in the acquisition are disadvantaged and their rights violated. This meaning is inspired by the systems in both Australia and India and the best practices such as the Food and Agriculture Organization and the World Bank. Hence, by adopting this meaning, the Land Act will be in conformity with the Constitution and the standards brought about by the best practices.
dc.identifier.citationKuria, Y. (2024). Assessment of the constitutionality of Section 2 and Section 120 of the Land Act on prompt payment of compensation during the compulsory acquisition process in Kenya while comparing to India and Australia [Strathmore University]. http://hdl.handle.net/11071/15878
dc.identifier.urihttp://hdl.handle.net/11071/15878
dc.language.isoen
dc.publisherStrathmore University
dc.titleAssessment of the constitutionality of Section 2 and Section 120 of the Land Act on prompt payment of compensation during the compulsory acquisition process in Kenya while comparing to India and Australia
dc.typeThesis
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