ADVOKS GLOBAL · KENYA
Land Act
124. Power to obtain temporary occupation of land.
Edition: 2025-11-04 · In force
124. Power to obtain temporary occupation of land.
(1)If the Commission is satisfied that the possession of any land is required by a public body for a particular period not exceeding five years, and that—(a)the possession of the land is necessary for public purpose or public interest;(b)the possession of the land is necessary in the interests of defence, public safety, public order, public morality, public health, urban and planning, or the development or utilization of any property in such manner as to promote the public benefit; and(c)the necessity therefore is such as to afford reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the property, and so certifies in writing, possession of such land may be taken for that period under this section.(2)The Commission shall then serve on every person interested or who claims to be interested in the land to be taken possession of under subsection (1), or on such of them as after reasonable inquiry are known to the Commission, a notice that the Commission is to take possession of the land for the period in question.(3)At the end of seven days after service of notices has been completed under subsection (2), the Commission may take possession of the land by entering, personally or by agents, on the land and positing on the land a notice in the prescribed form that possession has been taken of the land, and shall serve a copy of the notice on the occupier.(4)This section shall not apply where the use of land is likely to cause permanent damage to land.