ADVOKS GLOBAL · KENYA
Petroleum Act
116. Compulsory acquisition of land
Edition: 2026-07-24 · In force
116. Compulsory acquisition of land
(1)If the Cabinet Secretary is satisfied that the holder of a license under this Act—(a)reasonably requires land for purposes of constructing, modifying or operating any petroleum infrastructure or for incidental purposes; and(b)has failed to acquire the land by agreement after making reasonable attempts to do so,the Cabinet Secretary may apply to the agency responsible for the management of the land to acquire it compulsorily under the relevant written laws.(2)The compensation for the compulsory acquisition of land or rights in land shall be determined in accordance with the provisions of the Constitution and the relevant land laws and any other relevant law.(3)Whenever, in the course of carrying out petroleum operations, any disturbance of the rights of the owner or occupier of private land, or damage to the land, or to any crops, trees, buildings, stock or works therein or thereon is caused, the contractor or licensee shall be liable on demand to pay 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.(4)If the contractor or licensee fails to pay compensation when demanded under subsection (3), or if the owner or occupier is dissatisfied with the amount of compensation offered to him, the owner or occupier may, within six months of the date on which the demand or offer is made, take proceedings before a court of competent jurisdiction for the determination and recovery of compensation, if any, properly payable under subsection (3).