ADVOKS GLOBAL · KENYA
Land Act
122. Acquisition of other land on account of severance.
Edition: 2025-11-04 · In force
122. Acquisition of other land on account of severance.
(1)The powers of acquisition conferred by this Part shall not be exercised so as to acquire a part only of a permanent building in any case if—(a)that part is reasonably required for the full and unimpaired use of that building; and(b)a person interested in the building desires that the whole of the building shall be acquired.(2)he person referred to under subsection (1)(b) may, at any time before the Commission has made an award, withdraw or modify the person’s statement by notice in writing served on the Commission.(3)If the Commission is satisfied that the partial compulsory acquisition originally intended will render the remaining land inadequate for its intended use or will severely and disproportionally reduce the value of the remaining land, it will instruct the acquiring authority to acquire the remaining land.(4)The remaining land referred to in subsection (3) shall be used for public purposes or be included in the Land Bank.(5)If a question arises as to whether or not any part of a building is reasonably required for the full and unimpaired use thereof, and the parties cannot agree thereon, the matter shall be referred by the Commission to the Court for determination.