How to legally remove squatters from your land
Land Act · sources read 5 Oct 2026
Occupying someone's land without consent is unlawful, but the owner can't just throw people out: the law requires a written eviction notice of at least 3 months, copied to the deputy county commissioner and the police division commander, and the eviction itself must follow set procedures. The occupiers can ask the court for relief, and the court can confirm the notice and order them to vacate.
- Deadline
- At least 3 months between serving the notice and the eviction date.
- Deadline
- Unclaimed property left behind can be removed or auctioned no sooner than 7 days after the eviction.
- Where
- Serve the notice yourself; disputes go to the Environment and Land Court
Steps
- Serve the occupiers with an eviction notice giving them at least 3 months before the date you intend to evict.
- Put the notice in writing and say what happens to buildings, growing crops and anything else on the land.
- Also serve the notice on the deputy county commissioner for the area and the officer commanding the police division.
- If a large group is on the land, publish the notice in at least two national daily newspapers and put it up in at least five visible places on the land.
- On eviction day, those carrying it out must identify themselves, show their formal authority and treat people with dignity; the occupiers get first chance to take down and salvage their own property.
Watch out
- The occupiers can go to court for relief against your notice. The court may confirm it and order them out, change or suspend it, or order compensation.
- Time matters: an owner can't sue to recover land more than 12 years after the right to sue arose (see adverse possession).
Who this covers
- The owner of private land, or the person in charge of it, who believes someone is occupying it without consent.
Official sources (2)
- Land Act (Cap. 280, No. 6 of 2012), version of 4 November 2025 new.kenyalaw.org · read 5 Oct 2026
- Limitation of Actions Act (Cap. 22) new.kenyalaw.org · read 2 Oct 2026