Compulsory acquisition and the right to property - The gaps in the legal framework, practices and possible solutions

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dc.contributor.authorBonaya, Angela Gumato
dc.date.accessioned2018-09-12T09:15:54Z
dc.date.available2018-09-12T09:15:54Z
dc.date.issued2018
dc.descriptionSubmitted in partial fulfillment of the requirements of the Bachelor of Laws Degree, Strathmore University Law Schoolen_US
dc.description.abstractCompulsory acquisition of land has to be carried out in a manner that strikes a balance between private and public interests without arbitrarily infringing on individual or community rights to property. In order to achieve this, laws governing compulsory acquisition must be clear. The aim of this paper is to find out if there are gaps in the current laws. In particular, it shall focus on the inadequacy of the law in terms of compensating ancestral property rights in land and the lack of a clear time frame within which compensation must be made to the affected land owners. It shall also discuss the current trends of irregular acquisition practices that do not observe the law. This paper shall explain how these inadequacies in the law and irregular acquisition practices infringe on the right to property. This shall be explained with the aid of case law, journal articles, reports and both local and foreign laws. In the end, it shall suggest possible solutions that lawmakers may take into consideration in order to create a watertight legal framework with regards to compulsory acquisition.en_US
dc.identifier.urihttp://hdl.handle.net/11071/5842
dc.language.isoenen_US
dc.publisherStrathmore Universityen_US
dc.subjectRight to propertyen_US
dc.subjectCompulsory acquisitionen_US
dc.subjectCompesationen_US
dc.subjectAfrican Commission on Human and Peoples Rights (ACmHPR)en_US
dc.subjectLanden_US
dc.subjectNational Land Commission (NLC)en_US
dc.titleCompulsory acquisition and the right to property - The gaps in the legal framework, practices and possible solutionsen_US
dc.typeDissertationen_US
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