By Property Valuation Director, Senior Registered Valuer (VRB, MISK) · February 22, 2026 · 7 min read
- Article 40 of the Constitution of Kenya guarantees prompt, just, and full compensation for compulsorily acquired private land.
- Valuation comprises not just open market land value, but permanent structures, unexhausted improvements, crops, and economic trees.
- Landowners are legally entitled to an additional 15% statutory disturbance allowance on top of the total assessed valuation.
- Retaining an independent Registered Valuer allows you to challenge government award notices during formal inquiry sittings.
Constitutional Safeguards on Private Property
Major infrastructure corridors—from highway expansions by KeNHA and KURA, to high-voltage transmission lines by KETRACO, and water pipelines by regional water works boards—often necessitate the acquisition of private land in the public interest.
While the State holds sovereign eminent domain, Article 40(3) of the Constitution of Kenya (2010) and the Land Act (2012) strictly stipulate that no property may be compulsorily acquired without prompt payment in full of just compensation.
The Anatomy of a Comprehensive Compensation Valuation
A common mistake made by affected landowners is accepting the acquiring agency’s initial award without an independent appraisal. At Delglobe Consultants Limited, our registered valuers compile detailed, defensible compensation dossiers encompassing:
1. Open Market Value of the Acquired Land
Determined through the comparative market approach, evaluating recent authenticated transactions of comparable parcels within the immediate locality, adjusting for road frontage, utility connectivity, and topography.
2. Structural Improvements and Buildings
Every permanent and semi-permanent structure within the acquisition strip is measured and evaluated using the Depreciated Replacement Cost (DRC) method, accounting for:
– Residential dwellings, perimeter stone walls, gates, and paving
– Water reservoirs, boreholes, septic tanks, and plumbing infrastructure
– Business premises and loss of rental cash flows
3. Unexhausted Improvements and Agricultural Assets
Agricultural land involves meticulous enumeration of perennial cash crops (tea, coffee, avocado, macadamia), timber trees (eucalyptus, cypress, grevillea), and annual crops, evaluated according to current Ministry of Agriculture compensation schedules.
4. The Mandatory 15% Disturbance Allowance
Under the Land Act, affected owners are entitled to an additional 15% statutory premium calculated on the aggregate value of the land and improvements to cover relocation inconveniences and incidental costs.
Representation at the National Land Commission (NLC) Inquiry
When the National Land Commission publishes the Gazette Notice of Inquiry, Delglobe’s valuation team represents property owners during public hearings. Our formal valuation reports serve as admissible evidentiary proof to contest low compensation assessments, ensuring our clients secure fair market recompense.
Need licensed survey, valuation or planning advice?
Talk to the Delglobe Consultants team on +254 721 790 907.