These are the steps taken before Compulsory Acquisition is done

• Request; The NLC receives a request for acquisition from the acquiring body through the respective Cabinet Secretary or County Executive member. The land should be acquired for public purposes or in public interest. .
• Verification meeting; Before gazettement, the NLC will request for a verification meeting with the acquiring body (the body that wants the land). In this meeting, the NLC will require the acquiring body to provide a list of the affected parcels of land and the respective owners, title search details, cadastral maps of the affected areas, a Resettlement Action Plan (RAP) accompanied by a list of persons affected by the project (PAPs) so that their application can be put into consideration.
• Notice of intention to inquire land is published in the gazette after the Commission certifies in writing that the land is required for public purposes or in public interest for a stated public purpose. Upon verification, the NLC shall publish notice of intent and shall deliver a copy of the notice to the registrar and to every person who appears to have an interest in the land.
• Ascertainment of suitability of land; Permission for entry of officers to carry out activities ascertaining whether the land is suitable for the intended purpose. All land to be compulsorily acquired shall be geo-referenced and authenticated by the authority responsible for survey both at the national and county government.

• Notice of inquiry; The NLC shall appoint the date for the inquiry at least thirty days after publishing the notice of intention to acquire, and at least 15 days before the actual date of the inquiry. A copy of the notice is served on every person who appears to have an interest on the land. .
• Receipt of claims; By the date of inquiry, any written claim to compensation is delivered to the NLC not later than the date of inquiry. The inquiry determines who are the persons interested in the land, and receives claims from the said persons.
• Hearing; for the purposes of an inquiry, the NLC shall have powers of the court to summon and examine witnesses including persons with interests to administer oaths and affirmations and to compel production and delivery of title documents to the NLC. This includes the public body for whose purpose the land is being acquired.

• Award of compensation; upon conclusion of the inquiry, the NLC shall make a separate award of compensation for every person whom the NLC has determined to be interested in the land. The NLC shall then serve on each person a notice of the award and offer of compensation.
• Land in place of compensation; the NLC may agree with the person who owned that land that instead of receiving an award, the person shall receive a grant of land instead not exceeding in value the amount of compensation which the NLC considers would have been awarded. Upon the conclusion of such agreement that person shall be deemed to have received all the compensation entitled to him/ her in respect of the interest in that land.
• Payment of compensation; upon acceptance of the award, the NLC shall promptly pay compensation to the interested persons. If the award is not accepted, or if there is a dispute about who is entitled to compensation, the amount of compensation, is paid into a special compensation account held by the NLC.
• Payment of interest; if the amount of any compensation is not paid, the NLC shall on or before taking possession open an account into which the NLC shall pay interest on the amount awarded at the prevailing bank rates from the time of taking the possession until the time of payment.
• Payment of additional land; if the acquired land is greater than the area of land in respect of which an award is made, compensation shall be paid for the excess area.

• Formal taking of possession and vesting; after the amount of the first offer had been paid, the NLC shall then take possession of the land by serving a notice specifying the day of possession on every interested person. The title shall then vest in the national or county government as the case may be.
• Urgent taking of possession; in cases of where there is an urgent necessity for the acquisition of land, and it would be contrary to the public interest for the acquisition to be delayed by following the normal procedures, the NLC may take possession of uncultivated or pasture or arable land upon the expiration of 15days from the date of publication of the notice of intention to acquire.
• Formal possession and vesting; upon taking possession of land, the NLC shall inform the registered owner of the land and the registrar that possession of the land has been taken place and that the land has been vested in the national or county government as the case may be.
• Surrender of document; the NLC shall require the affected persons to deliver possession documents to the registrar, who shall proceed to either cancel them if the whole land has been acquired, or register the resultant parcels, or issue documents for them. The NLC shall instruct the acquiring body to acquire all the land if it is satisfied that the partial acquisition will render the remaining land inadequate for its intended use or disproportionately reduce the value of the remaining land.
• Cancellation and acquisition; The NLC may at any time before possessions is taken of any land acquired, revoke the acquisition and shall compensate damage incurred on persons with interest. Preemptive rights to re-acquire the interest shall be to original owners or their successors upon restitution of full amount so compensated.
• Environment and land court; any dispute of any matter provided for under the Act may be referred to the Land and Environment Court for determination. Under the repealed cap 295, a compensation tribunal was provided for whose jurisdiction was to determine issues to do with valuation and compensation, while matters to do with disputes in law were referred to the court. A proposal has been forwarded to create a tribunal as part of the amendments to the Land Act, 2012.
• Rights of entry and consequences of obstruction; an officer authorized by the NLC shall have rights of entry at all reasonable times. Obstructing the NLC or an officer in undertaking prescribed activities is an offence and liable on conviction for imprisonment for a period not exceeding five years or fine not exceeding three million or to both.
• Way leaves and easements; applications shall be made in the prescribed form to the nlc by the state department or public body applications shall be made in the prescribed form to the NLC by the state department or public body for the creation of a way leave (a right of way over or under another’s ground or property).The NLC shall not begin the process of creating a way leave until all prescribed information has been submitted to it. The applicant shall serve a notice on all persons occupying the affected land, the county government in whose jurisdiction the proposed way leave is to be created and any person interested in the land. The NLC may also create a public right of way for the benefit of the public or community.
• Valuation for compensation; valuation for compensation includes the following;
• The market value of the land and improvements
• Damage sustained or likely to be sustained because of division or separation of land
• Damage sustained or likely to be sustained because of the acquisition damaging the other property
• Expenses incurred due to change of residence or business
• Expenses incurred due to decreased or loss of business
• 15%statutory disturbance allowance
• Other expenses incurred as a result of the acquisition e.g. Professional fees, etc.

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