ADVOKS GLOBAL · KENYA
Land Act
146. Determination on creation of public right of way
Edition: 2025-11-04 · In force
146. Determination on creation of public right of way
(1)The Commission shall—(a)on receipt of all information prescribed or required under this Act;(b)after at least thirty days from the date of the serving of notices under section under this Act, consider all the information so received and all representations and objections made by any person served with a notice under the aforesaid subsections and recommend to the Cabinet Secretary whether to—(i)appoint a public inquiry to give further consideration to the representations and objections; or(ii)refer the application to the County Government for its opinion on whether to approve the application; or(iii)initiate and facilitate negotiations between those persons who have made representations on the application and the applicant with a view to reaching a consensus on that application.(2)If the Commission has proposed the creation of a public right of way of its own motion and representations have been made on that proposal which are concerned with the matters other than the compensation payable for the use of the land for that public right of way, the Commission shall recommend to the Cabinet Secretary only that the Cabinet Secretary exercise the powers under subparagraphs (i) or (ii) of subsection (1).(3)The Cabinet Secretary shall determine whether or not to create a public right of way, after taking account, as the case may be, of—(a)the recommendations of the Commission; or(b)the advice of the county government;(c)the outcome of any negotiations initiated under subsection (1)(b)(iii).(4)The Cabinet Secretary may, by order in the Gazette, create a public right of way under this section subject to any amendments, limitations and conditions, including conditions as to the costs of constructing and maintain a public right of way.(5)If an agreement has been reached between the parties to any negotiations initiated under subsection (1)(b)(iii) and if the Cabinet Secretary intends to create a public or right of way but not to accept any amendment, limitation or condition of that agreement, the Cabinet Secretary shall refer the matter back to the parties for reconsideration and take no decision on the creation of that right of way until at least than thirty days have elapsed from the date of the referral of the matter back to the parties or the parties have resubmitted their agreement, with or without amendments, to the Cabinet Secretary whichever is the shorter period.(6)The order of the Cabinet Secretary to create a public right of way shall—(a)delineate the route of that public right of way;(b)be published in the Gazette;(c)be notified to a county government having jurisdiction along the route of the public right of way;(d)be publicized in any manner which is calculated to bring it to the attention of people occupying and using land along the route of the public right of way; and(e)come into force thirty days after it has been published in the Gazette.(7)Any person who makes any representation or objection to an application to create a public right of way, within six weeks after the order has been made, may appeal to the Court on a point of law against an order made by the Cabinet Secretary under this section, but apart from such an appeal, an order of the Cabinet Secretary shall not be questioned by way of judicial review or otherwise in any court.