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Section 14 of Kenya Railways Corporation Act CAP 397: Acquisition of land for the purposes of the Corporation

    

(1) Where land is required by the Corporation for the purposes of the Corporation, it may either—
(a) if such land is not public land, acquire such land through negotiation and agreement with the registered owner thereof:
Provided that, notwithstanding the provisions of section 6 of the Land Control Act (Cap. 302), the ensuing transaction shall not require the consent of a land control board if the land to be acquired is agricultural land; or
(b) if such land is public land, or if the Corporation is unable to acquire it by agreement in accordance with paragraph (a) of this subsection, notify the Minister responsible for public lands that the land specified in the notice is required for the purposes of the Corporation.
(2) When notice has been given under subsection (1)(b), then—
(a) if the land is public land, the Minister responsible for Lands may, in his discretion and upon such terms and conditions as he may think fit, place such land at the disposal of the Corporation for the purposes of the Corporation;
(b) if the land is not public land, any provision in any written law which empowers the President or the Minister responsible for Lands to acquire or direct the acquisition of such land for any specific purpose shall be deemed to include a power enabling the President or the Minister responsible for lands to acquire or direct the acquisition of such land for the purposes of the Corporation.
(3) Where any compensation is payable to any person in respect of any land specified in the notice given under subsection (1)(b) acquired by the President or the Minister responsible for lands, and such land after being so acquired is placed at the disposal of the Corporation in accordance with subsection (2)(a), the amount of the compensation payable to that person, in accordance with the provisions of the law under which the land was acquired, shall be paid by the Corporation.
(4) The Corporation may at any time convey, transfer or surrender any land surplus to both its existing and future requirements by a conveyance or a deed of surrender either for, or without, consideration:
Provided that land which was public land or trust land shall be surrendered to the Government and shall not be conveyed or transferred to any other person unless the Minister responsible for lands shall consent and so direct.
(5) The provisions of subsection (4) shall apply to land vested in the Corporation by any written law, including this Act, as well as to land conveyed to it or otherwise placed at its disposal.
(6) In this section—
“public land” means all public land in Kenya, excluding trust land, which is vested in the Government for public purposes or for the purposes of the Corporation or its predecessors in title, and for the purposes of the proviso to subsection (4) includes land previously so vested;
“trust land” means land which is or which was previously vested in a County Council by virtue of section 115 of the Constitution or any previous written law.

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Disclaimer: This document is not to be taken as legal advise.

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