Land Acquisition, Compensation And Resettlement In Kenya: Emerging Challenges

Kenya like many countries in the region is implementing several large infrastructure and agricultural related projects. Yet the country has limited public land and thus must acquire the same from private owners for the implementation of the projects. Interestingly, most the projects are donor-funded – and as such, the donors and external funders seek adoption of processes and procedures a lien to the Kenyan practice in land acquisition. At the same local agencies involved in project implementation find the processes of land compensation especially valuation as lacking in transparency and are non-responsive to human rights dictates. Besides, the country has in the recent past witnessed serious controversies overvaluation figures for Land acquisition further raising pointing possible under deals – conflict of interest and corruption. This is further complicated by the fact that existing laws seem to contradict each other. Data obtained from discussions at the Training workshop on Preparation of Resettlement Action Plans in June, 2019 explains the challenges of land acquisition, compensation and resettlement in Kenya. The data highlights the gaps between practice and law on the one hand and on the other between local and so-called best practice. This paper will thus draw a parallel between global practice fronted by international development agencies such as the World Bank, International Monetary Fund and African Development Bank among others. In the process the paper, will further delve in the area of capacity building and skills gap in land acquisition and resettlement in the country and region. In addition, will highlight the development of the laws related to compulsory land acquisition, thus highlight the gaps. In the end, the paper will draw conclusion on the link between existing laws, local and global valuation practice especially with respect to compulsory land purchase and/or acquisition.