ADVOKS GLOBAL · KENYA
Kenya Roads Act
23. Acquisition of land for the purposes of the Authority
Edition: 2025-08-26 · In force
23. Acquisition of land for the purposes of the Authority
(1)Where an Authority requires any land for its purposes under this Act, such Authority may either—(a)if such land is not public land, acquire such land through negotiation and agreement with the registered owner thereof:Provided that, notwithstanding the provisions of section 6 of the Land Control Act (Cap. 302), the ensuing transaction shall not require the consent of a land control board if the land to be acquired is agricultural land; or(b)if such land is public land, or if the Authority is unable to acquire it by agreement in accordance with paragraph (a) of this subsection, notify the Cabinet Secretary responsible for public lands that the land specified in the notice is required for the purposes of the Authority.(2)When notice has been given under subsection (1)(b), then—(a)if the land is public land, the Cabinet Secretary responsible for Lands may, in his discretion and upon such terms and conditions as he may think fit, place such land at the disposal of the concerned Authority for its purposes; or(b)if the land is not public land, the Commissioner of Lands may, if satisfied that it is in the public interest to do so, acquire the land in accordance with the provisions of the Land Acquisition Act (Cap. 295).(3)Where land is acquired on behalf of an Authority under subsection (2), such Authority shall bear all costs in relation thereto.(4)An Authority may at any time surrender any land surplus to both its existing and future requirements to the Cabinet Secretary responsible for lands.(5)The provisions of subsection (4) shall apply to land vested in the Authority by any written law, including this Act, as well as land conveyed to it or otherwise placed at its disposal.(6)In this section—"public land" means all public land in Kenya, excluding trust land, which is vested in the Government for the benefit of the public;"trust land" means land which is or which was previously vested in a County Council by virtue of section 115 of the Constitution.