land-value-index-laws-kenya-gazette-60c22471362dd17f.pdf
Summary
The Land Value Index Laws (Amendment) Bill, 2018 is a legislative proposal to amend the Land Act, the Land Registration Act, and the Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act. Its primary objective is to establish a land value index to standardize land valuation for rent, rates, stamp duty, and compulsory acquisition compensation, thereby reducing subjective valuations and facilitating public infrastructure projects under Kenya's Vision 2030.
Key insights
- The Bill introduces a 'land value index' to standardize land values across the country, defined as an "analytical representation showing the spatial distribution of land values in a given geographical area at specific time". This index is intended to make land rates, rent, stamp duty, and compensation "predictable, rational and not prone to subjective valuations".
- For the compulsory acquisition of freehold and community land, valuation must be based on a land value index developed jointly by the national and county governments. Certain value increases are to be disregarded, such as those caused by the intended use of the land or improvements made within two years prior to the notice of intention to acquire, unless proven to be bona fide.
- The Bill expands the forms of compensation for compulsorily acquired land beyond simple monetary payments. Options include the allocation of an alternative parcel of land of equivalent value, the issuance of government bonds, the grant or transfer of development rights, or equity shares in a government-owned entity.
- The legislation establishes the Land Acquisition Tribunal to hear and determine appeals from the Commission's decisions regarding compulsory land acquisition. The Tribunal consists of five members appointed by the Judicial Service Commission, including a chairperson (an advocate of at least ten years' standing), two registered valuers, one registered surveyor, and one advocate experienced in land matters.
- The Bill provides for the compensation of 'occupants in good faith' who do not hold a legal title to the land. This compensation is based on the number of persons in actual occupation for an uninterrupted period of twelve years, improvements made before the notice of acquisition, and damages sustained.
- New criminal penalties are introduced for public officers who misuse information about intended land acquisitions. A public officer who divulges such information to influence a transaction for personal benefit or assists in a contrary transaction faces a fine not exceeding five million shillings, imprisonment up to three years, or both.
- The Bill amends the Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act to clarify that internal displacement resulting from a lawful compulsory acquisition of land—provided there is prompt payment in full of just compensation—does not constitute 'arbitrary displacement'.
- The Bill limits the ability of courts to interfere with public infrastructure projects once possession has been formally taken. Specifically, it states that "no order stopping any development in the land may be issued by any court if public funds have already been committed".
Cite the original document
- APA
- Natural Justice (n.d.). land-value-index-laws-kenya-gazette-60c22471362dd17f.pdf. https://naturaljustice.org/wp-content/uploads/2018/03/Land-Value-Index-Laws-Kenya-Gazette.pdf
- Chicago
- Natural Justice. land-value-index-laws-kenya-gazette-60c22471362dd17f.pdf. n.d. https://naturaljustice.org/wp-content/uploads/2018/03/Land-Value-Index-Laws-Kenya-Gazette.pdf.
- Wikipedia
- {{cite report |author=Natural Justice |title=land-value-index-laws-kenya-gazette-60c22471362dd17f.pdf |url=https://naturaljustice.org/wp-content/uploads/2018/03/Land-Value-Index-Laws-Kenya-Gazette.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{naturaljusticendlandvalueindexlawskenyagazette60c22471362dd17fpdf, author = {{Natural Justice}}, title = {{land-value-index-laws-kenya-gazette-60c22471362dd17f.pdf}}, institution = {Natural Justice}, url = {https://naturaljustice.org/wp-content/uploads/2018/03/Land-Value-Index-Laws-Kenya-Gazette.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
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