“In the public interest”: an introspection into the compulsory acquisition and the right to property

Abstract

There are various laws in Kenya that govern compulsory acquisition powers of the State, mainly the Constitution, the Land Act and the Land Acquisition Act. Despite these various provisions provided by the legal instruments to effectively govern the compulsory acquisition of land process, cases challenging the process still arise. This study intends to assess the extent to which land legislation has guided the enactment of laws on compulsory acquisition. It will also seek to analyse the shortcomings facing the implementation of provisions of land legislation on compulsory acquisition powers of the State. It will further seek to analyse how successful countries have exercised the compulsory acquisition powers of the State as well as to make recommendations on policy and legal reform to adequately address the challenges that often affect the compulsory acquisition powers of the State. For the purpose of this research, various property theories will be used to make a comprehensive assessment of the problem. The study will be a qualitative analysis that will rely on statutes and case law as well as secondary sources.