ADVOKS GLOBAL · KENYA
Land Act
144. Application for wayleave
Edition: 2025-11-04 · In force
144. Application for wayleave
(1)Unless the Commission is proposing on its own motion to create a wayleave, an application, for the creation of a wayleave, shall be made by any State department, or the county government, or public authority or corporate body, to the Commission.(2)An application shall be made in the prescribed form and shall be accompanied by any prescribed information or other information that the Commission may, in writing require the applicant to supply and the Commission shall not begin the process of creating a wayleave until all prescribed or required information has been submitted to it.(3)In order to enable a proposed wayleave to be created by the Commission of its own motion to comply with the provisions of this section, the Commission shall complete an application form as if it were applying to create a wayleave and references to “the applicant” in this Sub-part in relation to an application to create a wayleave shall be taken to apply as well to the Commission.(4)The applicant shall serve a notice on—(a)all persons occupying land over which the proposed wayleave is to be created, including persons occupying land in accordance with customary pastoral rights;(b)The county government in whose area of jurisdiction land over which the proposed wayleave is to be created is located;(c)all persons in actual occupation of land in an urban and per-urban area over which the proposed wayleave is to be created; and(d)any other interested person.(5)along the route of the proposed wayleave calculated to bring the application clearly and in a comprehensible manner to the notice of all persons using land over which the proposed wayleave is likely to be created.