So we need to go through both the old and new documents and know what additions or omissions there are...
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Good article
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a) The Antiquities and Monuments Act, 1983 Cap 215
b) The Registered Land Act Chapter 300c) The Limitations of Actions Act (Cap. 22)d) Land Acquisition Act (Cap. 295)e) Way Leaves Act (Cap. 292) of Laws of Kenya
The Antiquities and Monuments Act, 1983 Cap 215
The Act aim to preserve Kenya’s national heritage. Kenya is rich in its antiquities, monuments and cultural and natural sites which are spread all over the country. The National Museums of Kenya is the custodian of the country’s cultural heritage, its principal mission being to collect, document, preserve and enhance knowledge, appreciation, management and the use of these resources for the benefit of Kenya and the world. Through the National Museums of Kenya many of these sites are protected by law by having them Gazetted under the Act.
The Registered Land Act Chapter 300
This Act provides for the absolute proprietorship over land (exclusive rights). Such land can be acquired by the state under the Land Acquisition Act in the project area.
The Limitations of Actions Act (Cap. 22)
This Act provides for recognition of squatters and the conditions under which they would have rights for compensation for loss of land. If squatters have been in occupation of private land for over twelve (12) years, then they would have acquired rights as adverse possessors of that land as provided under the limitation of Actions Act, section 7.
Land Acquisition Act (Cap. 295)
This Act provides for the compulsory or otherwise acquisition of land from private ownership for the benefit of the general public. Section 3 states that when the Minister is satisfied on the need for acquisition, notice will be issued through the Kenya Gazette and copies delivered to all the persons affected. Full compensation for any damage resulting from the entry onto land to things such as survey upon necessary authorization will be undertaken in accordance with section 5 of the Act. Likewise where land is acquired compulsorily, full compensation shall be paid promptly to all persons affected in accordance to sections 8 and 10 along the following parameters:
Way Leaves Act (Cap. 292)
The Act provides for certain undertakings to be constructed e.g. transmission lines, pipelines, canals, pathways etc, through, over or under any lands. Section 3 of the Act states that the Government may carry any works through, over or under any land whatsoever provided it shall not interfere with any existing building or structures of an ongoing activity.
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<ICPAK Secretariat - RFP Issue.pdf>