ADVOKS GLOBAL · KENYA
Land Act
155. Unlawful occupation of land
Edition: 2025-11-04 · In force
155. Unlawful occupation of land
(1)Any person who, without, express or implied, lawful authority or without any right or license, under customary or statutory land law so to do—(a)occupies, or erects any building on any public land;(b)clears, digs, ploughs, cultivates, or grazes animals over, any public land or part of it; or(c)cuts or removes any timber or other produce on or from any public land or part of it,shall be taken to be in unlawful occupation of that land.(2)If, with respect to public land the Commission is of the opinion that a person is in unlawful occupation of public land, the Commission may serve on that person a notice in the prescribed form or give to that person an oral communication, in a language calculated to be understood by that person requiring that person to show cause as to why the person should not be required to vacate that land within any time and subject to any terms and conditions as to the removal of buildings, the reaping of growing crops and any other matters which the justice of the case may require, which may be specified in the notice or oral communication.(3)Any notice referred to in subsection (2) shall inform the person to whom it is addressed that the person has a right to be heard in connection with showing cause as to why the person should not vacate the land to which the notice relates.(4)In determining whether to serve a notice or oral communication and the period of time to be specified in the notice by the end of which the person is required to vacate the land, the Commission shall take account of—(a)whether the person has reasonable belief that the person is in lawful occupation of land;(b)the use which the person is making of the land, including any crops being grown by that person and when they may reasonably be expected to be ready to be harvested;(c)the length of time that person has been on that land and the person’s age and general circumstances;(d)whether that person is living with any dependants;(e)whether that person or any dependants of that person are in employment near to that land;(f)whether the occupation of the land took place peaceably or by force and whether the occupation is, as a consequence, depriving and person of the lawful occupation and use of that land which that person could take up immediately the land was vacated;(g)whether the occupation of the land is preventing some necessary or desirable development or public works;(h)the nature and environment of the land and where the land is land reserved for the primary use of wildlife, whether the occupation of the land is hindering or preventing the use of the land by wildlife or is in practice in harmony with that use;(i)whether in all the circumstance, it would be reasonable to pay any sum of money to the person on account of being required to vacate the land;(j)any other factors, which seem relevant include any matters that the person occupying the land brings to the attention of the Commission.(5)A person served with a notice or oral communication under this section shall, within not more than sixty days, show cause to the Commission as to why the person should not vacate the land to which the notice relates.(6)If a person does not show cause within sixty days as to why the land should not be vacated, and has no reasonable excuse for not so complying, the person shall be deemed to have accepted the notice and shall be under duty to comply with that notice.(7)Where after considering any representations made by the person attempting to show cause the Commission determines that the person has failed to show cause, the Commission shall inform that person by notice or oral communication to vacate the land within the time specified in the notice served under subsection (2).(8)A person who responded to the notice to show cause but who failed so to do in terms of subsection (5) may apply to the court for relief against the operation of that notice or oral communication, within thirty days of being notified of the failure has failed to show cause.(9)An application for relief is not to be taken as an admission by the person applying for relief:Provided that—(a)the person is in unlawful occupation of the land;(b)by reason of that unlawful occupation, the Commission has the right to require the person to vacate the land in respect of which the application for relief has been made;(c)all notices and oral communications which were required to be served by the Commission were properly served; or(d)the period by which the land must be vacated specified in the notice or oral communication was reasonable or had expired.(10)The court, may after considering the matters set out in subsection (4), grant relief to the person applying for the same on any terms and conditions that appear to the court to be just and reasonable and, without prejudice to the generality of this provision, the court may—(a)cancel the notice or oral communication and declare that the person is entitled to remain on the land;(b)postpone the operation of the notice or oral communication and grant the person a license to remain on the land until the notice or oral communication shall come into operation;(c)vary the operation of the notice or oral communication by granting the person an easement of grazing of any terms and conditions which the court shall think fit, if the person is a pastoralist;(d)vary any of the terms of the notice or oral communication or the period within which the person is required to vacate the land; or(e)vary the amount of any payment to be paid, or where no payment has been offered, order that payment as the court shall think just be made to the person on vacating of the land.(11)If the court has confirmed the notice or oral communication, with or without any variations, alterations or additions in the exercise of its powers under subsection (10), the notice or oral communication, the person on whom has been served shall be under a duty to comply with that notice or oral communication as confirmed by the court.