The Squatters Settlement Bill, 2007 - Kenya Law Reports

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Clause 

The Squatters Settlement Bill, 2007 

THE SQUATTERS SETTLEMENT BILL, 2007 

1―Short title and commencement. 

2―Interpretation. 

ARRANGEMENT OF CLAUSES 

PART I — PRELIMINARY 

PART II — ESTABLISHMENT, POWERS AND FUNCTIONS OF 

THE NATIONAL SETTLEMENT BOARD 

3―Establishment of the National Settlement Board. 

4―Functions of the Board. 

5―Powers of the Board. 

6―Composition of the Board. 

7―Conduct of business of the Board. 

8―Delegation by the Board. 

9―Remuneration of members of the Board. 

10―The Managing Trustee. 

11―Functions of the Managing Trustee. 

12―Staff of the Board. 

13―Common seal of the Board. 

14—Protection of Board from liability. 

15—Liability of Board for damages. 

16—Funds of the Board. 

PART III—FINANCIAL PROVISIONS 

1


17—Annual estimates. 

18—Accounts and audit. 


PART IV—ACQUISITION OF LAND AND SETTLEMENT 

19—Acquisition of land for settlement. 

20—Acquisition of land through purchase. 

PART V—CONSTITUENCY AND DISTRICT SWQUATTERS 

SETTLEMENT COMMITTEES 

21—Establishment of Constituency Squatters Settlement Committee. 

22—Establishment of District Squatters Settlement Committee. 

PART VI—SETTLEMENT OF SQUATTERS. 

23—Settlement of squatters. 

24—Annual report of the Board. 

25—Offence and Penalty. 

26—Regulations. 

PART VII—MISCELLANEOUS 

SCHEDULE – PROVISIONS AS TO THE BOARD 

2


Short title and 

commencement. 


THE SQUATTERS SETTLEMENT BILL, 2007 

A Bill for 

AN ACT of Parliament to provide for the identification 

and acquisition of unutilized land for purposes 

of settlement of squatters and the landless, to 

provide for the establishment of the National 

Settlement Board, to provide for its 

incorporation, powers and functions and for 

connected purposes 

ENACTED by the Parliament of Kenya, as follows— 

PART 1 PRELIMINARY 

1. This Act may be cited as the Squatters 

Settlement Act, 2007 and shall come into operation not 

later than ninety days from the date of enactment. 

Interpretation. 2. In this Act, unless the context otherwise 

requires– 

“Board” means the Board established under section 3; 

“catchment area” means riparian and other sources of 

water; 

“Constituency Committee” means the Constituency 

Squatters Settlement Committee established in accordance 

with section 21; 

3


Establishment of 

the National 

Settlement Board. 


“District Committee” means the District Squatters 

Settlement Committee established in accordance with 

section 22; 

“financial year” means the period of twelve months 

ending on the thirtieth June in each year; 

“landless” means any person without any land 

whatsoever within Kenya, as may be determined by the 

Board for the purpose of this Act, and includes persons 

evicted from gazetted forest; 

“Minister” means the Minister for the time being 

responsible for matters relating to land and settlement; 

“squatter” means any person who unlawfully or 

without authorization lives on a private, Government, 

County Council, Municipal Council, Town Council, 

Urban Council or City Council land or property for a 

period of at least five years; and 

“unutilized land” means any private or public land 

that has been neglected or unutilized for a period of at 

least ten years. 

PART II ESTABLISHMENT, POWERS AND 

FUNCTIONS OF THE NATIONAL SETTLEMENT 

BOARD 

3. (1) There is hereby established a Board to be 

known as the National Settlement Board. 

(2) The Board is a body corporate with perpetual 

succession and a common seal and shall, in its corporate 

name, be capable of— 

4


Functions of the 

Board. 


(a) suing and being sued; 

(b) purchasing or otherwise acquiring, 

holding, charging and disposing of 

moveable and immovable property; 

(c) borrowing money; 

(d) doing or performing all other things 

or acts necessary for the proper 

performance of its functions under 

this Act, which may lawfully be 

done or performed by a body 

corporate. 

4. The functions of the Board shall be to— 

(a) direct and control activities related 

to the buying or acquisition of land 

for the purpose of settlement of 

squatters and landless people; 

(b) ensure that people who are 

internally displaced from their 

homes or legally acquired lands are 

re-settled on the land they 

previously owned or any other 

available land; 

(c) ensure that bona fide squatters are 

not evicted from private, 

Government, county council, city 

council, municipal council, town or 

urban council land without an 

alternative placement; 

(d) ensure that settlement of squatters 

and landless people does not take 

5


Powers of the 

Board. 


6 

place in water catchment areas; 

(e) maintain a record pertaining to the 

settlement of squatters and landless 

people; 

(f) determine who is a squatter or 

landless person; and 

(g) undertake any other business which 

is incidental to the performance of 

any of the foregoing functions. 

5. (1) The Board shall have all the powers necessary 

for the proper performance of its functions under this Act 

and, in particular but without prejudice to the generality 

of the foregoing, the Board shall have power to— 

(a) enter into contracts; 

(b) manage, control and administer its 

assets in such manner and for such 

purposes as best promote the 

purpose for which the Board is 

established; 

(c) receive any gifts, grants, donations 

or endowments made to the Board 

or any other moneys in respect of 

the Board and make disbursements 

therefrom in accordance with the 

provisions of this Act; 

(d) enter into association with such 

other bodies or organizations 

within or outside Kenya as it may 

consider desirable or appropriate 

and in furtherance of the purposes 

for which it is established; and


Composition of 

the Board. 


(e) open a banking account or banking 

accounts for the funds of the Board 

into which all moneys received by 

the Board shall be paid in the first 

instance and out of which all 

payments made by the Board shall 

be made. 

(2) The Board may authorize a member or an 

employee to exercise on its behalf such of its powers as it 

may from time to time specify, but the exercise of such 

powers shall, to the extent required by the Board, be 

reported within the specified time to a meeting of the 

Board. 

6. (1) The Board shall comprise of– 

(a) a Chairperson appointed by the 

Minister; 

(b) the Permanent Secretary of the 

Ministry for the time being 

responsible for matters relating to 

lands and settlement; 

(c) the Permanent Secretary of the 



finance; 

(d) the Permanent Secretary of the 



agriculture; 

(e) the Permanent Secretary of the 


responsible for provincial 

7


Conduct of 

business of the 

Board 

Delegation by the 

Board. 

Remuneration of 

members of the 

Board. 


8 

administration and internal 

security; 

(f) the Permanent Secretary of the 


responsible for environment and 

natural resources; 

(g) the Permanent Secretary of the 


responsible for local authority; 

(h) at least one person nominated by 

each province in accordance with 

such procedure that the Minister 

shall prescribe; 

(i) a Managing Trustee appointed in 

accordance with section 8: 

Provided that at least one-third of the members of 

the Board shall be women. 

7.(1) The conduct and regulation of the business and 

affairs of the Board shall be as provided in the Schedule. 

(2) Except as provided in the Schedule, the Board 

may regulate its own procedure. 

8. The Board may, by resolution either generally or 

in any particular case, delegate to any committee of the 

Board or to any officer, member of staff or agent of the 

Board, the exercise of any of the powers or the 

performance of any of the functions or duties of the Board 

under this Act. 

9. The members of the Board shall be paid such 

remuneration, fees, allowances and disbursements for


The Managing 

Trustee. 

Functions of the 

Managing 

Trustee. 


expenses as may be approved by the Minister for the time 

being responsible for finance, on the recommendation of 

the Board. 

10. (1) There shall be a Managing Trustee of the 

Board who shall be appointed by the Board. 

(2) The Managing Trustee shall hold office on such 

terms and conditions of employment as the Board may 

determine. 

(3) The Managing Trustee shall be an ex-officio 

member of the Board but shall have no right to vote at any 

meeting of the Board. 

(4) The Managing Trustee shall be the chief executive 

officer of the Board and shall, subject to the direction of 

the Board, be responsible for the day to day management 

of the Board. 

11. (1) The Managing Trustee shall, in consultation 

with the Board, be responsible for the direction of the 

affairs and transactions of the Board, the exercise, 

discharge and performance of its objectives, functions and 

duties. 

(2) The Managing Trustee shall— 

(a) ensure the maintenance of 

efficiency and discipline by all staff 

of the Board; 

(b) manage the budget of the Board to 

ensure that its funds are properly 

expended and accounted for; and 

(c) perform such other duties as the 

Board may, from time to time, 

assign. 

9


Staff of the 

Board. 

Common seal of 

the Board. 

Protection of 

Board from 

liability. 


12. The Board may employ such staff as may be 

necessary for the proper and efficient discharge of its 

functions under this Act, upon such terms and conditions 

of service as the Board may determine. 

13. (1) The common seal of the Board shall be kept in 

the custody of the Managing Trustee or of such other 

person as the Board may direct, and shall not be used 

except upon the order of the Board. 

(2) The common seal of the Board, when affixed to a 

document and duly authenticated, shall be judicially and 

officially noticed, and unless the contrary is proved, any 

necessary order or authorisation by the Board under this 

section shall be presumed to have been given. 

(3) The common seal of the Board shall be 

authenticated by the signature of the Chairperson of the 

Board and the Managing Trustee: 

Provided that the Board shall, in the absence of either 

the Chairperson or the Managing Trustee, in any 

particular matter, nominate one member of the Board to 

authenticate the seal of the Board on behalf of either the 

Chairperson or the Managing Trustee. 

14. (1) Liability shall not attach to the Board, or to 

any of its staff, or to a member of the Board for loss or 

damage sustained by any person as a result of any act or 

omission done or made in good faith and without 

negligence in the performance or exercise or the intended 

performance or exercise of any duty or power imposed or 

conferred by or under this Act. 

(2) Any expenses incurred by any person in any suit 

or prosecution brought against him in any court in respect 

of any act which is done or purported to be done by him 

under the direction of the Board shall, if the court holds 

10


Liability of Board 

for damages. 

Funds of the 

Board. 


that such act was done in good faith, be paid out of the 

general funds of the Board, unless such expenses are 

recovered by him in such suit or prosecution. 

15. The provisions of section 14 shall not relieve the 

Board of the liability to pay compensation or damages to 

any person for any injury to him, his property or any of 

his interests caused by the exercise of any power 

conferred by this Act or by any other written law or by the 

failure, whether wholly or partially, of any works. 

PART III—FINANCIAL PROVISIONS 

16. The funds and assets of the Board shall comprise 

of— 

(a) such moneys as may be 

appropriated by Parliament for the 

purposes of the Board; 

(b) such monies or assets as may 

accrue to or vest in the Board in the 

course of the exercise of its powers 

or the performance of its functions 

under this Act; 

(c) such moneys as may be payable to 

the Board pursuant to this Act or 

any other written law; 

(d) such gifts as may be given to the 

Board; and 

(e) all moneys from any other source 

provided, donated or lent to the 

Board. 

Annual estimates. 17. (1) At least three months before the 

11



commencement of each financial year, the Board shall 

cause to be prepared estimates of its revenue and 

expenditure for that financial year. 

(2) The annual estimates shall make provision for all 

estimated expenditure of the Board for the financial year 

concerned, and in particular shall provide for— 

(a) the payment of the salaries, 

allowances and other charges in 

respect of the officers, members of 

staff, or agents of the Board; 

(b) the payment of the pensions, 

gratuities and other charges in 

respect of retirement benefits 

payable to the members of staff of 

the Board; 

(c) the proper maintenance of the 

buildings and grounds of the Board; 

(d) the proper maintenance, repair and 

replacement of the equipment and 

other movable property of the 

Board; and 

(e) the creation of such reserve funds 

to meet future or contingent 

liabilities in respect of retirement 

benefits, insurance, replacement of 

buildings or equipment, or in 

respect of such other matters as the 

Board may deem fit. 

(3) The annual estimates shall be approved by the 

Board before the commencement of the financial year to 

which they relate and, once approved, the sum provided in 

the estimates shall be submitted to the Minister for 

12


Accounts and 

audit. 

No. 12 of 2003 

Acquisition of 

land for 

settlement. 


approval. 

(4) No expenditure shall be incurred for the purposes 

of the Board except in accordance with the annual 

estimates approved under subsection (3), or in pursuance 

of an authorisation of the Board given with prior written 

approval of the Minister. 

18. (1) The Board shall cause to be kept proper books 

and other records of accounts of its income, expenditure, 

assets and liabilities. 

(2) Within a period of three months after the end of 

each financial year, the Board shall submit to the 

Controller and Auditor-General its accounts in respect of 

that year, together with— 

(a) a statement of income and 

expenditure during that financial 

year; and 

(b) a statement of the assets and 

liabilities of the Board on the last 

day of that financial year. 

(3) The accounts of the Board shall be audited and 

reported upon in accordance with the provisions of the 

Public Audit Act. 

PART IV ACQUISITION OF LAND AND 

SETTLEMENT 

19. (1) The Board shall acquire such land that it 

may deem necessary to settle squatters and the landless. 

(2) In the acquisition of land for settlement, the 

Board shall have regard to– 

13


Cap. 295 

Acquisition of 

land through 

purchase. 


Constituency 

Squatters 

Settlement 

Committee. 


(a) protection from deprivation of 

property as provided for in the 

Constitution; 

(b) the procedures for compulsory 

acquisition as provided for under 

the Land Acquisition Act; and 

(c) other relevant legal provisions 

pertaining to ownership and 

utilization of land. 

(3) Before acquiring any land for settlement, the 

Board shall cause to be published a three months notice 

on any such intended acquisition in the Gazette, and in at 

least three newspapers with nationwide circulation. 

(4) Any objection to the intended acquisition of land 

by the Board shall be lodged with the Board, and the 

Board shall hold public hearings to determine any 

objection to the intended acquisition. 

20. Notwithstanding the Board’s right to acquire any 

unutilized land under this Act, the Board shall enter into 

negotiation on a willing-seller willing-buyer basis with 

any landowner who may be interested in selling land to 

the Board. 

PART V CONSTITUENCY AND DISTRICT 

SQUATTERS SETTLEMENT COMMITTEES 

21. (1) There shall be established in every 

constituency Gazetted by the Electoral Commission a 

Constituency Squatters Settlement Committee. 

(2) Members of a Constituency Committee shall 

14



comprise of at least two representatives nominated by 

each location in accordance with such regulations as the 

Minister may make: 

Provided that one representative nominated by a 

location shall be of a different gender from the other. 

(3) Members of a Constituency Committee shall 

elect a chairperson and vice-chairperson of the 

Constituency Committee from amongst their number, and 

the chairperson and vice-chairperson shall be of opposite 

gender. 

(4) The following persons shall be ex officio 

members of the Constituency Committee, but shall have 

no right to vote at any meeting of the Constituency 

Committee— 

(a) the member of Parliament for the 

constituency concerned; 

(b) District Officers whose areas of 

jurisdiction falls within the 

constituency concerned; 

(c) the District Settlement Officer of 

the district in which the 

constituency is located; 

(d) the District Agricultural Officer of 

the district in which the 

constituency is located; and 

(e) one Councilor nominated by the 

local authority of the area in which 

the constituency is located. 

(5) The Constituency Committee shall, once in 

every five years, compile or cause to be compiled, a list of 

15



District 

Settlement 

Committee. 


all squatters in the constituency, provided such squatters 

submit to the Constituency Committee the following— 

(a) a written application for settlement; 

(b) a national identity card; 

(c) a voters card; 

(d) proof of residence in the area; 

(e) the number of dependants; 

(f) the area of residence and period at 

the time of application; 

(g) current occupation; 

(h) any other information that the 

Constituency Committee may deem 

necessary. 

22. (1) There shall be a District Squatters Settlement 

Committee in every district comprising of— 

(i) members of Parliament of all 

constituencies falling within the 

district concerned; 

(ii) the District Land Registrar; 

(iii) the District Settlement Officer; 

(iv) the District Agricultural Officer; 

(v) a representative from the civil 

society; 

(vi) two women representing the youth 

16


Settlement of 

squatters. 


17 

and women groups. 

(2) The District Committee shall oversee the 

activities of the Constituency Committee. 

PART VI SETTLEMENT OF SQUATTERS 

23. (1) The Board shall, within ninety days after 

identification and acquisition of land for settlement, 

gazette all pieces of land earmarked for settlement of 

squatters. 

(2) The Board shall consider the list of squatters 

submitted by the District Committee for possible 

settlement in any gazetted settlement scheme in the 

district: 

Provided that a person who has resided in a 

particular district as a squatter for a minimum of twelve 

years, or such other period as the Board may determine, 

shall be given priority during settlement. 

(3) The Board shall ensure that prior to settlement 

of squatters from outside their original districts, consent 

shall have been obtained from the respective District 

Committee. 

(4) In allocating land for settlement of squatters, the 

Board shall ensure that the minimum acreage is five acres 

in high or medium potential areas, and not more than fifty 

acres in semi-arid or marginal areas. 

(5) The Board shall, in settling squatters and the 

landless, consider those persons evicted from gazetted 

forest areas, and those occupying pieces of land less than 

one hectare.


Annual report of 

the Board. 

Offence and 

penalty. 


(6) The Board shall ensure that allottees in a 

settlement land are given, on concessionary terms, 

agricultural inputs and other facilities to start off the new 

settler. 

(7) The Board shall, for a period of five years after 

allotment, be a joint-owner of all the gazetted pieces of 

land set aside for the settlement of squatters. 

(7) The land gazetted by the Board and allocated to 

a person shall not be sold, charged or by any other means 

be transferred to a third party without the authority of the 

Board, until expiry of twenty-five years, or such further 

period as the Board may determine, from the date of the 

allocation. 

PART VII—MISCELLANEOUS 

24.(1) The Board shall cause to be prepared for 

submission to the National Assembly an annual report of 

its activities, pieces of land gazetted for settlement, the 

number of persons settled and such other matters as the 

Minister may direct. 

25. Any person who willingly gives false information 

to the Board for purpose of settlement commits an offence 

and shall be liable, upon conviction, to a fine not 

exceeding one hundred thousand shillings or 

imprisonment for a term not exceeding two years, or both. 

Regulations. 26. The Minister may, in consultation with the 

Board, make regulations for the better carrying into effect 

the provisions of this Act. 

SCHEDULE—CONDUCT OF BUSINESS OF THE BOARD (s. 7) 

18



Tenure of office. 1. (1) Any member of the Board, other than an ex 

officio member shall, subject to the provisions of this 

Schedule, hold office for a period of five years, on such 

terms as may be specified in the instrument of their 

appointment, but shall be eligible for re-appointment for 

one further term of five years. 

Vacation of 

office. 

No. 3 of 2003 

(2) The Board shall appoint a vice-chairperson 

from among the members, provided that the chairperson 

and the vice-chairperson shall be from the opposite gender. 

2. A member of the Board, other than an ex officio 

member, may— 

(a) at any time resign from office by 

notice in writing to the Minister; 

(b) be removed from office by the 

Minister if the member— 

19 

(i) has been absent from three 

consecutive meetings of the 

Board without the 

permission of the 

Chairperson; 

(ii) is adjudged bankrupt or 

enters into a composition 

scheme or arrangement with 

his creditors; 

(iii) is convicted of fraud, 

forgery, uttering a forged 

document, or for any offence 

under the Anti-Corruption 

and Economic Crimes Act; 

(iv) is convicted of a criminal 

offence and sentenced to



20 

imprisonment for a term 

exceeding six months or to a 

fine exceeding ten thousand 

shillings; or 

(v) is incapacitated by 

prolonged physical or mental 

illness or is deemed 

otherwise unfit to discharge 

his duties as a member of the 

Board. 

Meetings. 3. (1) The Board shall meet not less than four times 

in every financial year. 

(2) Notwithstanding the provisions of subparagraph 

(1), the Chairperson or any three other members of the 

Board may call a special meeting at any time where it is 

deemed expedient for the transaction of the business of the 

Board, by giving not less than seven days’ written notice 

to the members. 

(3) Unless three quarters of the total members of 

the Board otherwise agree, at least fourteen days’ written 

notice of every meeting of the Board shall be given to 

every member of the Board. 

(4) The quorum for the conduct of the business of 

the Board shall be half of the members of the Board. 

(5) The Chairperson shall preside at every meeting 

of the Board at which he is present but, in his absence, the 

vice-chairperson shall preside and, in his absence, the 

members present shall elect one of their numbers who 

shall, with respect to that meeting and the business 

transacted thereat, have all the powers of the Chairperson. 

(6) Unless a unanimous decision is reached, a 

decision on any matter before the Board shall be by a



majority of votes of the members present and, in the case 

of an equality of votes, the chairman or the person 

presiding shall have a casting vote. 

MEMORANDUM OF OBJECTS AND REASONS 

The principal object of this Bill is to provide for the identification of 

unutilized land and the establishment of a National Settlement Board for 

addressing issues pertaining to settlement of squatters and the landless. 

Part 1 provides for preliminary matters. 

Part II provides for the establishment of the National Settlement Board, 

its powers and functions. Clause 3 establishes the Board as body 

corporate, with all attributes of such body corporate. Clause 4 lays down 

the functions of the Board while clause 5 provides for its powers. 

Part III contains the financial provisions. Clause 16 provides for thefunds 

of the Board which, inter alia, includes money appropriated by 

Parliament. Clause 17 provides for the annual estimates of the Board 

while clause 18 provides for the accounts and audit of the books of 

accounts and records of the Board. 

Part IV contains provisions on the acquisition of land for the settlement 

of squatters and the landless. It provides for the manner in which such 

acquisition is to be done. 

Part V contains provisions on the establishment of Constituency and 

District Squatters Settlement Committees. It vests power on the 

Committees to identify and compile a list of squatters and the landless in a 

given area for purposes of settlement. 

Part VI contains provisions on the settlement of squatters by the Board, 

and lays down the manner in which such settlement is to be done. 

21



Part VII contains miscellaneous provisions. Clause 24 requires the Board 

to submit an annual report of its activities to the National Assembly while 

clause 25 contains provisions on offence and penalty. Clause 26 

empowers the Minister to make rules for the better carrying into effect the 

provisions of thee Bill once enacted into an Act. 

The enactment of this Bill will occasion additional expenditure of public 

funds which will be provided for in the estimates. 

Dated the............................................................, 2007. 

22 

G. G. KARIUKI, 

Member for Laikipia West

The Squatters Settlement Bill, 2007 - Kenya Law Reports

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