ADVOKS GLOBAL · KENYA
Land Act
120. Formal taking of possession.
Edition: 2025-11-04 · In force
120. Formal taking of possession.
(1)After an award has been made, the Commission may take possession of the respective land by serving on every person interested in the land a notice that on a specified day possession of the land and the title to the land will vest in the national or county government as the case may be, provided that such taking of possession will not result in persons being rendered homeless.(2)In cases of where there is an urgent necessity for the acquisition of land, and it would be contrary to the public interest for the acquisition to be delayed by following the normal procedures of compulsory acquisition under this Act, the Commission may take possession of the land upon the expiration of fifteen days from the date of publication of the notice of intention to acquire, and on the expiration of that time the Commission shall, notwithstanding that no award has been made, take possession of that land in the manner prescribed by subsection (1).(3)Upon taking possession of land under subsection (1) or subsection (2), the Commission shall also serve upon—(a)the registered proprietor of the land; and(b)the Registrar, a notice that possession of the land has been taken and that the land has vested in the national or county governments as the case may be.(4)Upon taking possession and payment of just compensation in full, the land shall vest in the national or county governments absolutely free from encumbrances.