ADVOKS GLOBAL · KENYA
National Museums and Heritage Act
29. Entry onto land under exploration licence
Edition: 2023-12-11 · In force
29. Entry onto land under exploration licence
(1)For the purposes of an exploration licence, the holder thereof may enter upon any area of land specified in the licence, whether or not private land, and whether or not a protected area, and exercise there all rights conferred by the exploration licence, for such period and subject to such limitations and conditions as may be stated in the licence.(2)Where the holder of an exploration licence intends, pursuant to any licence, to enter upon private land, the holder shall give not less than seven days’ notice to the occupier, and if practicable to the owner of the land.(3)In the case of Trust land service on the county council in which the land is vested of a written notice, specifying the exploration licence and the nature and duration of, and the land affected by it, shall be sufficient notice of all subsequent activities in accordance with the exploration licence, both to the county council and to the residents for whose benefit the council holds the land.(4)Whenever, in the course of operations carried on by the holder of an exploration licence, disturbance of the rights of the owner or occupier of private land, or damage to the land, or to crops, trees, buildings, stock or works therein or thereon, is caused, the holder of an exploration licence shall be liable to pay or make to the owner or occupier such compensation as is fair and reasonable having regard to the extent of the disturbance or damage and to the interest of the owner or occupier in the land.(5)If the holder of an exploration licence fails to pay or make compensation when demanded under subsection (4), or if an owner or occupier is dissatisfied with the amount or nature of any compensation offered to him thereunder, the owner or occupier may, within six months of the date on which the demand or offer is made, but not in any case later than two years after the occurrence of the disturbance or damage, appeal to the Cabinet Secretary whose decision shall be final.(6)In the case of disturbance of the rights of occupiers of Trust land, or damage to any such land—(a)an occupier who claims to be entitled to compensation under subsection (4) shall, within six months after the occurrence of the disturbance or damage, apply to the District Commissioner of the district in which the land is situated;(b)the District Commissioner shall notify the Cabinet Secretary and the holder of the exploration licence of the application made under paragraph (a);(c)the Cabinet Secretary shall appoint a panel of three persons under the chairmanship of the District Commissioner, which shall afford the owner or occupier a reasonable opportunity of being heard in relation thereto, and if satisfied that the applicant is entitled to compensation, shall make an award in his favour in accordance with subsection (4);(d)the panel shall give notice in writing to the applicant and to the holder of the exploration licence of the award or of the rejection of the award;(e)the applicant or the holder of an exploration licence may appeal to the Cabinet Secretary against the decision of the panel under paragraph (d) and the Cabinet Secretary’s decision shall be final;(f)a sum payable under an award shall be deposited by the holder of the exploration licence with the District Commissioner upon the expiry of thirty days from notification of the award or from a final appeal decision, as the case may be;(g)the District Commissioner shall be responsible for paying the compensation awarded to the person entitled thereto, and every such payment shall be made in a single payment;(h)an award made under this subsection shall be enforceable as if it were a decree of a competent court.