Can the government take my land or property?
Only in limited cases, such as for a public purpose under an Act of Parliament requiring prompt, full and just compensation and access to court.
Article 40 protects the right to own property anywhere in Kenya and bars arbitrary deprivation. The State may take property only under Chapter Five land rules, or for a public purpose under an Act requiring prompt payment in full of just compensation and access to court. Unlawfully acquired property is not protected.
“requires prompt payment in full, of just compensation to the person;”
Article 40: Protection of right to property
Summaries and answers are a plain-English guide written by Iam254, not legal advice. The official text is what counts. Official text: Constitution of Kenya, 2010, Kenya Law (National Council for Law Reporting), legislation as at 3 September 2010. It has not been amended since.