Compulsory acquisition is the power of government to acquire private rights in land for a public purpose, without the willing consent of its owner or occupant. This power can be referred by a myriad of names depending on a country’s legal traditions, for example; eminent domain, expropriation, takings and compulsory purchase. Compulsory acquisition is a critical development tool for governments, and for ensuring that land is available when needed for essential infrastructure.
Translating Law to Practice; Kenyan Perspective.
The A,B,C For Sale and or Purchase of Land; A Kenyan Mwananchi Guide.
You want to buy or sell land in Kenya, the Institution of Surveyors, Kenya recommends the following prescribed procedures as best practice. It is advisable to involve… Read more “The A,B,C For Sale and or Purchase of Land; A Kenyan Mwananchi Guide.”
Instances When One Can Acquire Title And Or Interest In Land Without The Formalities & Rigors of Conveyancing Through Sale Agreements & Subsequent Registration of Transfers.
INTRODUCTION The law governing disposition of interests in land requires that parties must go through two stages. The stages being, entering into a contract for sale of… Read more “Instances When One Can Acquire Title And Or Interest In Land Without The Formalities & Rigors of Conveyancing Through Sale Agreements & Subsequent Registration of Transfers.”
President Rejects 6 Nominees for Judicial Appointment, 2 of Whom Nullified the BBI; Is The Judiciary Under Siege ?
On 3rd June 2021 the President appointed 34 out of 41 Judicial Nominees presented to him by the Judicial Services Commission, leaving out 6 nominees 1 having… Read more “President Rejects 6 Nominees for Judicial Appointment, 2 of Whom Nullified the BBI; Is The Judiciary Under Siege ?”
PARTNERSHIP DEEDS; Key areas you will want to cover in your written partnership deed.
Basics of Partnership: What is the name of the partnership? What is the purpose of the partnership? What is the duration of the partnership? Responsibilities, performance and… Read more “PARTNERSHIP DEEDS; Key areas you will want to cover in your written partnership deed.”
The Movable Property Security Right Act, 2017 ; Salient features of the Bill.
Definitions and important terms to note under the Bill (Section2): •“acquisition security right” means a security right in a tangible asset or intellectual property, which secures the… Read more “The Movable Property Security Right Act, 2017 ; Salient features of the Bill.”
Originating Summons in Kenyan Courts; Applicable Instances.
Originating Summons applications are anchored in The Civil Procedure Rules, 2010 under Order 37. Order 37 partly spells out instances where Originating summons are used to invoke… Read more “Originating Summons in Kenyan Courts; Applicable Instances.”
Chamber Summons in Kenyan Courts; Applicable Instances.
The Civil Procedure Rules, 2010. outline instances where chamber summons are applicable when approaching the Kenyan Courts: When seeking to add or strike out or substitute a… Read more “Chamber Summons in Kenyan Courts; Applicable Instances.”
A LEGAL ANALYSIS OF THE MANDATE OF NATIONAL LAND COMMISSION UNDER THE NATIONAL LAND COMMISSION ACT.
Section 5 of the National Land Commission Act stipulates the functions of the National Land Commission. The functions, therein, are inter-alia derived from Article 67(2) of the Constitution of Kenya. The Supreme Court of Kenya, In the Matter of the National Land Commission, whilst rendering an advisory opinion[3] sought by the Commission emphasized on Functional independence: that entailed commissions exercising their autonomy through carrying out their functions, without receiving any instructions or orders from other State organs or bodies. That had also been referred to as administrative independence. Functional independence was in line with the general functions and powers of commissions, as provided under articles 252 and 253 of the Constitution[4]. The Supreme Court of Kenya in its Advisory Opinion underlined the Perception of independence: That meant the commissions had to be seen to be carrying out their functions free from external interferences. The perception of independence was crucial in showing proof of independence.
Even if I go away, I will not grow away.
Hey you, if you are reading this, it’s too late. I honestly don’t know exactly what to write, I realise you haven’t been yourself lately, it’s okay,… Read more “Even if I go away, I will not grow away.”
Kenphilip Oriku Blog 