Transport should also be provided for those who do not have the means to travel

Transport should also be provided for those who do

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Transport should also be provided for those who do not have the means to travel if the distance involved is long. 5.2.4. Step 4: Valuation and compensation Inadequate compensation was a major challenge which normally causes delays in implementation of government projects as landowners appeal the compensation awarded to them. To address this problem the following need to be done:- In calculating compensation amount valuers use market value without taking into consideration the concept of highest and best use. This was the issue in Kanini Farm Ltd v. Commissioner of Lands , (High Court Nairobi, 1981), where land was valued as agricultural while change of user had already been done. There is need for the concept to be considered when calculating market value to minimize appeals of compensation by landowners. An open and reliable real property sale price register must be available to all parties. Currently data available in the land registry is distorted because land owners always quote low figures to evade payment of stamp duty. Where it is correctly quoted it is very difficult for landowners to access them because of government bureaucracy.
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88 Administrative organisations should have a leading role of giving guidelines, which are related to valuation issues. Government has to take charge of research of land price information, price factors and their effects on land prices. It is necessary to organise valuation studies and research in Universities for valuers and supporting experts. Government has to have a leading role to make research and develop valuation issues related to compensation. Strict measures should be taken to avoid manipulation of data by private valuers in collaboration with landowners and government valuers with the aim of getting higher compensation. Regulations should be specific enough to provide clear valuation guidelines, but flexible enough to allow room to determine equivalent compensation in all situations. Valuation and compensation should be based on both de facto and de jure rights. Where communities lose access to sustainable resources such as forests, waterways or grazing lands, they should be provided with replacements in kind or compensated for per capita yearly use. Vulnerable groups should be provided with training or financial support if the acquisition results in the loss of their livelihoods. The acquiring agency should take steps to ensure that there are a sufficient number of independent valuers and advocates to help people to assess their compensation claims. People should receive full payment of the agreed upon compensation sum in a timely manner unlike some situation where compensation even takes more than 2 years for payment to be done. This creates a lot of pain and agony to the affected families. The Land acquisition laws in Kenya need to be amended to provide a clear time frame within which payment should be paid instead of the current situation where the Act provides for prompt payment.
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