Little-Known Kenyan Law That Lets the Government Take Your Land

The Kenyan government has begun acquiring privately owned land for the Naivasha–Kisumu section of the Standard Gauge Railway (SGR), with compensation arrangements underway for affected landowners.

Under Article 40 of the Constitution, the state can compulsorily acquire land for public use, a power grounded in the principle of radical title, which holds that all land ultimately belongs to the government. This allows the transfer of privately held land to public ownership when required for national projects, such as highways, hospitals, schools, and railways. 

The National Land Commission (NLC) has confirmed that parcels along the SGR extension from Naivasha to Malaba will be affected. President William Ruto formally launched the Naivasha–Kisumu section in March 2026, marking the next stage of construction.

Landowners are entitled to compensation for acquired property, which should reflect market value and include land, structures, and improvements such as plantations or housing. Movable assets, including livestock, are excluded.

Leaseholders receive payment only for the remaining term of their lease and any developments made under it. In some cases, families have had to relocate graves to comply with acquisition requirements.

The Land Act outlines the procedures for compulsory acquisition, including valuation using a land value index, mapping of affected areas, and publication of notices in the Kenya Gazette and county gazettes. These measures aim to ensure transparency and provide landowners with an opportunity to contest acquisitions or dispute compensation in court. 

The Physical Planning Act requires that projects follow approved routes, with maps accessible at NLC offices in Nairobi and county centres such as Kisumu and Narok.

Challenges remain in implementing these processes. 

Some landowners report receiving timely and fair compensation, while others experience delays or dispute valuations. Lawyer Danstan Omari advises prospective buyers to review government development plans carefully, as properties near planned infrastructure are at risk of compulsory acquisition.