ADVOKS GLOBAL · KENYA
Irrigation (General) Regulations
37. Successor of a permit holder
Edition: 2022-12-31 · In force
37. Successor of a permit holder
(1)A permit holder may, within reasonable time of being granted a permit and in writing to the Authority or County Irrigation Development Unit, nominate another person to succeed him as permit holder in the event of his death.(2)A person shall not be nominated as a successor of a permit holder under paragraph (1) unless—(a)the person has attained the age of eighteen years and if he has not attained that age, his guardian may, within one month of the permit holder’s death and with approval of the Authority or County Irrigation Development Unit, appoint a person to act on his behalf until the successor is of age; and(b)the permit holder obtains the approval of the scheme management committee.(3)A permit holder may, at any time and in writing to the Authority or County Irrigation Development Unit, revoke or alter the nomination issued under this regulation.(4)Where a permit holder dies without nominating a successor in accordance with paragraph (1), the authorised dependant shall, within one month of the death of the permit holder and in writing to the Authority or County Irrigation Development Unit, nominate a successor who must be approved by the scheme management committee.(5)Within thirty days of the death of a permit holder, an authorised dependant of the deceased permit holder may appeal to the Court against the nomination of a successor under paragraph (4).(6)Where an appeal under paragraph (5) is successful, the authorised dependant shall, within one month of the determination of the appeal, nominate a successor in writing to the Authority or County Irrigation Development Unit.(7)Where—(a)no successor is appointed within the time specified under this regulation;(b)the person nominated or appointed under this regulation rejects the nomination or appointment;(c)the nominated or appointed person fails to assume the responsibilities inherent in such nomination or appointment within a period of three months from the death of the permit holder; or(d)the nominated successor is not acceptable to the scheme management committee, the holding shall be deemed to be vacated.(8)Where a holding is vacated under paragraph (7)—(a)the permit in respect of such holding shall be revoked, and a fresh permit may be granted;(b)the Authority or the County Irrigation Development Unit may make provision for the cultivation of any such holding and where appropriate recover the costs from the incoming permit holder; and(c)reasonable compensation may be paid to the authorised dependant of a permit holder in respect of any improvement to the holding effected by the permit holder.