No title deed: will I be compensated if the government takes the land?
Constitution of Kenya and Land Act · sources read 5 Oct 2026
Yes, you can be. When the government compulsorily acquires land, the law allows compensation for people who occupy it in good faith without a title. It is assessed on who has lived there for an unbroken 6 years before the acquisition notice, the improvements made before that notice, your losses and moving costs.
- How long
- The Land Acquisition Tribunal must hear and decide an application within 60 days of filing.
- Deadline
- 30 days to challenge the Commission's decision at the Land Acquisition Tribunal.
- Where
- National Land Commission (compensation inquiry); Land Acquisition Tribunal (appeals)
What you need
- A written claim for compensation, delivered to the National Land Commission by the inquiry date
Steps
- Watch for the NLC notice of inquiry, then deliver your written compensation claim to the Commission no later than the inquiry date.
- Attend the inquiry. Everyone with an interest in the land can be heard, bring evidence and call and question witnesses.
- If you disagree with the Commission's decision, apply to the Land Acquisition Tribunal within 30 days.
- A Tribunal decision can be appealed to the court, but only on a question of law.
Watch out
- Someone occupying land unlawfully without the owner's consent does not count as an occupant in good faith.
- Only people in actual occupation for an unbroken 6 years before the acquisition notice, and improvements made before the notice, are counted.
Who this covers
- People occupying land in good faith that the government compulsorily acquires, even without a title.
- Where boundaries are clear: individuals or families on ancestral land, or on land traditionally occupied while waiting for adjudication.
Official sources (2)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- Land Act (Cap. 280, No. 6 of 2012), version of 4 November 2025 new.kenyalaw.org · read 5 Oct 2026