The Land Value Index Laws (amendment) Bill, 2018

The Bill proposes to amend the Land Act, the Land Registration Act and the Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act in order to provide for the assessment of land value index in respect of compulsory acquisition of land. The Land Value Index will standardise and harmonize the value of land across the country for the primary purpose of determining Land Rent, Land Rates, Stamp Duty on conveyance of land and compensation of expropriated land. The Bill seeks to make Land Rates, Rent, Stamp Duty and compensation predictable, rational and not prone to subjective valuations. The Bill also seeks to regulate the long and protracted process of compulsory acquisition and harmonize and standardize the compensation thereof. Huge variations in the amounts paid by way of compensation has led to huge inequities to those whose land was compulsorily acquired, the law seeks to equalize those payments. The Bill proposes to amend the Land Act in order to ease the acquisition of and access to land or rights over land in order successfully implement public infrastructure projects. Consequently, the actualization of the country's development strategy relating to public infrastructure would re-establish Kenya as the jurisdiction of choice for investment and improve the ease of doing business, in Kenya. Kenya's Vision 2030 development strategy is largely pegged on development of infrastructure which is dependent on, among other things, availability of land, which needs in certain instances to be acquired by Government for project development purposes or the creation of easements over land, or creation of public rights of way or the acquisition of wayleaves for infrastructure installations. The ease with which such required land or rights over land are accessed signals Kenya's quality in ease of doing business, since it determines the pace at which public infrastructure investments can be realized.  


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