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KenyaSimplified

Land, housing and property

Owning property and protection from unfair seizure or eviction.

Protection of right to property

  • You can own property anywhere in Kenya.
    Art. 40(1)

    (1) Subject to Article 65, every person has the right, either individually or in association with others, to acquire and own property— (a) of any description; and (b) in any part of Kenya.

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  • The State may not take your property unless it is for a public purpose and you are paid fair compensation promptly.
    Art. 40(3)(b)

    (b) is for a public purpose or in the public interest and is carried out in accordance with this Constitution and any Act of Parliament that—

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  • Property that was obtained unlawfully is not protected by this right.
    Art. 40(6)

    (6) The rights under this Article do not extend to any property that has been found to have been unlawfully acquired.

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