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Introduction The recent announcement by East African Portland Cement (EAPC Plc) regarding the regularization and sale of some of its land has sparked a legal debate that goes beyond mere property transactions. EAPC's decision to regularize and sell its land raises crucial questions about the role of private property rights in Kenya's development trajectory and the government's commitment to balancing these rights with the public good. This article delves into the intricate landscape of property rights, public interests, and legal principles within the Kenyan context. EAPC PLC Case and Government's Rationale The EAPC PLC case revolves around the company's intent to regularize and sell its land, which has broader implications for both the public and the local community. The company's actions trigger discussions on property rights, eminent domain, and the need to balance the private ownership of land with the greater public good. This context underscores the significance of the legal and ethical considerations surrounding the case. Legal Principles and Obligations Under Kenyan law, before initiating any land regularization or sale process, the landowner or relevant authority must publicly announce their intentions. This notification serves to inform interested parties and provide them the opportunity to assert their claims. The Kenyan Constitution protects the right to property. However, the Constitution also allows the government to acquire private property for public purposes, upon payment of just compensation. This power is known as eminent domain. The Land Act, 2012, establishes several procedures and safeguards that must be followed in the event that the government wishes to acquire private property for public purposes. For example, the government must first notify the public of its intention to acquire the land. The government must also provide compensation to the landowners and occupiers of the land. Eminent Domain and Its Application in the EAPC PLC Case Eminent... Continue Reading

Land use is the way that land is used for a particular purpose. For example, residential land use is used for housing, commercial land use is used for businesses, and industrial land use is used for factories. A change of use application is a request to change the way that land is being used.  A change of user is the process of changing the intended use of a property from one category to another. This can be done for a variety of reasons, such as to convert a residential property into a commercial property or to change the use of a piece of land from agricultural to industrial.  Before undertaking a Change of User application, it is key to assess how the proposed development aligns with local planning policies and existing trends. You should obtain comprehensive details about the site's physical attributes, location, and infrastructure availability are essential components as well as an analysis of the development's potential impact on the socio-economic and physical environment within the area.  The process of obtaining a change of user approval in Kenya   In Kenya, the procedure for obtaining a change of user approval is governed by the Physical Planning Act, 2019. The Act gives the County Governments the authority to grant or deny change of user approvals.  The process of obtaining a change of user approval in Kenya involves the following steps:  Advertisement and Recommendations: The process begins with an advertisement and the collection of recommendations from members of the public and relevant line ministries, facilitated by the County Government. This phase often coincides with an application for a construction permit. Application Initiation: The investor, with the assistance of a registered physical planner, submits an application for the change of user using the PPA 1 form, duly signed by the physical planner. Public Notices: Public notices... Continue Reading

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