ADVOKS GLOBAL · KENYA
Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act
21. Conditions and standards for displacement induced by development projects
Edition: 2022-12-31 · In force
21. Conditions and standards for displacement induced by development projects
(1)Subject to the Constitution, the Government shall abstain from displacement and relocation due to development projects or projects to preserve the environment and protect persons from displacement by private actors.(2)In exceptional cases, displacement and relocation due to development projects or projects to preserve the environment may be—(a)authorized and carried out in accordance with the applicable law;(b)justified by compelling and overriding public interests in the particular case; and(c)conducted when no feasible alternatives exist.(3)Where displacement and relocation cannot be averted, the Government shall minimize it, mitigate its consequences and assist and protect the affected persons as provided for in sections 7 and 8 of this Act.(4)Where the displacement is permanent, the Government shall provide the affected persons with a durable solution as provided for in section 9 of this Act.