Multiple Claims

Athi River town, theatre to the current demolitions, serves as a good dormitory to many people working in Machakos, Kitengela and Nairobi. On matters land rights, it presents a nightmare. It is a microcosm of our complex tenure system, and overlapping claims. Indeed, in 2011, the then Minister of State for Provincial Administration and Internal Security, the late George Saitoti, established a Task Force to look into the irregular appropriation of public land, and the squatter problem therein. But the problem never got reined in, and the government may need to do more.

Our current law on evictions foresaw situations where unauthorized persons may occupy private, public or community land. The provisions, if closely followed by proprietors and government, would help to avert loss of property, life and even extreme trauma, often associated with evictions, akin to what is happening in Athi River. This law was informed by international conventions and our constitution, and was the result of painstaking research and inputs by land sector stakeholders in Kenya. Government officials should particularly familiarize with it.

Eviction law and procedure

Anchored in the Land Laws (Amendment) Act of 2016 which amended several provisions of the Land Act, among others, the law prohibits the unlawful occupation of private, community or public land. However, in the event that there is such unlawful occupation, it prescribes some elaborate procedure for evictions.

For public land, the national land commission should issue an eviction notice to the affected persons in writing, by notice in the gazette and in one newspaper with national circulation, and by radio, at least three months before the eviction. Where the unauthorized occupation is on unregistered community land, a similar notice should be issued to the unauthorized persons by the County Executive Committee Member responsible for land matters in the County.

Proprietors of private land, or registered community land, should serve a notice of not less than three months before the date of the intended eviction, to any person or persons in unauthorized occupation. Where this involves a large group of persons, the notice should be published in at least two newspapers with national circulation, and be displayed in at least five strategic locations within the occupied land. Targeted persons however have discretion to apply to the court for relief against the notice. And the court may confirm and issue orders, cancel or vary the notice as it may deem necessary. It may also suspend the operation of the notice for a period, or order for compensation.

Land Regulations 2017

Moreover, evictions should be preceded by the full identification of those to carry out the eviction, and the presentation of the formal authorization. Where groups of people are to be involved, the presence of government officials is required. Importantly, evictions must happen between 6am and 6pm. The Land Regulations 2017, complete with the applicable notification forms, provide comprehensive operational details. While these provisions may not sit well with all, this is the law, unless or until amended. The government should be seen to keep compliant.

Dated: 18th October 2023