Eminent Domain In Kenya

KENYA **a. The State's Action** The government has decided to build a highway through Stone City, and for that, they need some land from the residents. This is an example of something called "eminent domain," which means the government has the right to take private property for public use, like building roads or schools. However, there's a very important rule: the government must pay the landowners a fair price for their land. In Kenya, like many other places, this process is guided by laws to ensure it's done fairly and that the landowners are compensated properly. The reason the government takes some land is not because it's empty but because it's needed for a public project that can benefit everyone by improving transportation. **b. Madam Mjuaji's Advice** Madam Mjuaji suggested that the landowners quickly build any type of structure, even a grass one, on their land to stop the government from taking it. While her advice might come from wanting to protect the community, it's not quite correct. The government doesn't avoid taking land simply because there's a building on it. If the land is crucial for the highway and they have followed the proper legal steps and compensate the landowners, a building won't prevent them from proceeding with the construction. Her advice might make it seem that having any structure will protect land rights, but in cases like this, the law focuses on public benefit and fair compensation, not on whether the land is developed.