ADVOKS GLOBAL · KENYA
Land Act
107. Preliminary notice
Edition: 2025-11-04 · In force
107. Preliminary notice
(1)Whenever the national or county government is satisfied that it may be necessary to acquire some particular land under section 110, the respective Cabinet Secretary or the County Executive Committee Member shall submit a request for acquisition of land to the Commission to acquire the land on its behalf.(2)The Commission shall prescribe a criteria and guidelines to be adhered to by the acquiring authorities in the acquisition of land.(3)The Commission may reject a request of an acquiring authority, to undertake an acquisition if it establishes that the request does not meet the requirements prescribed under subsection (2) and Article 40(3) of the Constitution.(3A)Where the Commission rejects a request of an acquiring authority in accordance with subsection (3), the Commission shall inform the relevant acquiring authority within fourteen days of the decision to reject the request.(4)If the Commission establishes that the request under subsection (1) meets the requirements prescribed under subsection (2) and Article 40(3) of the Constitution, the Commission shall—(a)cause the affected land to be mapped out and valued by the Commission using the valuation criteria set out under this Act; and(b)establish that the acquiring authority has identified the number and maintains a register of persons in actual occupation of the land, confirming for each such occupation how much time they have been in uninterrupted occupation or ownership of interest in the land prior to the date of the request for acquisition of the land, and the improvements thereon.(5)Upon approval of a request under subsection (1), the Commission shall publish a notice to that effect in the Gazette and the county Gazette, and shall deliver a copy of the notice to the Registrar and every person who appears to the Commission to be interested in the land.(5A)The notice issued under subsection (5) shall contain the following particulars—(a)the purpose for which the land is to be compulsorily acquired; and(b)the location, general description and approximate area of the land.(5B)Upon receipt of the notice under subsection (5), the Registrar shall make an order, pursuant to section 76 (1) of the Land Registration Act (Cap. 300), prohibiting or restricting dealings with the affected portion of land thereof until it vests in the acquiring authority.(6)Upon service of the notice, the registrar shall make an entry in the register of the intended acquisition.(7)For the purposes of sections 107 to 133, interested persons shall include any person whose interests appear in the land registry and the spouse or spouses of any such person, as well as any person actually occupying the land and the spouse or spouses of such person.(8)All land to be compulsorily acquired shall be geo- referenced and authenticated by the office or authority responsible for survey at both the national and county government