Can you be evicted from land without notice?
Land Act 2012 · sources read 2 Oct 2026
No. Anyone treated as an unlawful occupier of public, community or private land can only be evicted under the Land Act: first at least 3 months' written notice, then an eviction that respects people's dignity, life and security. If you are served a notice, you can ask the Environment and Land Court for relief.
- Deadline
- If the National Land Commission serves you a notice to show cause about public land, reply within 60 days.
- Deadline
- If the Commission then finds you did not show cause, you can apply to the court for relief within 30 days.
- Where
- Environment and Land Court (relief against an eviction notice)
Steps
- Check the notice. On private land the owner must give you at least 3 months' notice, in writing, saying what to do about buildings and crops, and copy it to the deputy county commissioner and the police division commander.
- Apply to the Environment and Land Court for relief against the notice. The court can confirm it, cancel or change it, suspend it, or order compensation.
- On the day, those carrying out the eviction must first identify themselves and show their formal authority, and where groups are affected, government officials must be present.
- You have the right to be given first priority to demolish your own structures and salvage your property.
Watch out
- For public land, the notice may come by Kenya Gazette, a national newspaper and radio, not a letter to you, still at least 3 months before.
- Property left behind and not claimed can be removed or sold by public auction from 7 days after the eviction.
Who this covers
- Anyone occupying private, community or public land without the right to be there. They can only be evicted the way the Land Act sets out.
- Every person has inherent dignity, and the right to have it respected and protected.
- Every person has the right to accessible and adequate housing.
Official sources (2)
- Land Act, No. 6 of 2012 (Revised Edition 2019) landcommission.go.ke · read 2 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026