School of Law.

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Browsing School of Law. by Subject "Compensation"

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    Application of the Doctrine of Eminent Domain in Kenya: Towards A Rights-Based Approach to Compensation
    (Kenya Law Review Journal, 2021-12) Shikoli, Edmond Ashivaka; Mbila, Augustus Mutemi
    Compulsory acquisition of land in Kenya can be traced from the colonial era where colonial masters compulsorily acquired African land in Kenya without compensating the owners of the land. It should, however, be contrasted with expropriation, which is a form of compulsory acquisition in which the landowner does not receive a just and fair compensation. This paper will argue that in the colonial era, African land in Kenya was expropriated by the colonial regime without provision for a just and fair compensation. The current study sought to trace this history of compulsory acquisition of land in Kenya, the legal regimes governing compulsory acquisition of land, the current modalities on compensation and their shortcomings, and to critically analyse the legal regimes with a view to recommending alternative modalities for compensation once the state acquires private land for public purpose. The study finds that the parameters for compensation as provided for in the legal regime governing compulsory acquisition of land and subsequent compensation lack consistency and reliability, based on a critical analysis of cases where such compensation has been awarded in the past. It therefore recommends the use of rights-based approaches to compensation based on the United Nations Development Program’s Human Rights Based Approaches.