LAWS OF KENYA The Wayleaves acT Chapter 292 Revised Edition 2010 (1989) Published by the National Council for Law Reporting with the Authority of the Attorney General www.kenyalaw.org CAP.
292 Wayleaves [Rev.
2010 2 CHAPTER 292 Cap.
153(1948), THE WAYLEAVES ACT L.N.
172/1960, Commencement: 11th December, 1912 11 of 1983.
An Act of Parliament relating to wayleaves Short title 1.
This Act may be cited as the Wayleaves Act.
In this Act, private land does not include any land sold or leased under any Act dealing with Government lands.
Power to carry 3.
The Government may carry any sewer, drain or pipeline into, sewers, drains through, over or under any lands whatsoever but may not in so doing and pipeline interfere with any existing building.
11 of 1983, Sch.
Notice to be 4.
(1) The Government shall, at least one month before carrying given.
any sewer, drain or pipeline into, through, over or under any private G.N.
1603/1955 land without the consent of the owner of the land, give notice of the L.N.
172/1960, intended work, either by notice in the Gazette or in such other manner 11 of 1983, Sch.
as the Minister may in any case direct.
(2) The notice shall describe the nature of the intended work and shall name a place where the plan of the intended work is open for inspection at all reasonable hours.
(3) A copy of the notice shall either be served on every person resident in Kenya whose place of residence is known and who is known or believed to be the owner of any private land through, over or under which it is intended that any sever, dram or pipeline shall be carried, or shall be posted in a conspicuous position on that land.
Objection by 5.
(1) If any owner, lessee or occupier of any private land owner or through, over or under which it is intended that any sewer, drain or occupier.
pipeline shall be carried objects to the intended work and serves notice 11 of 1983, Sch.
in writing of his objection at the ofce of the District Commissioner of the district in which the land is situated at any time within that month, the intended work, in so far as it affects the land of the person serving the notice of objection shall not be commenced with out the sanction of the Minister.
(2) The Minister may appoint such person or persons as he may think t to make inquiry on the spot into the propriety of the intended Rev.
2010] Wayleaves CAP.
292 3 work, and into the objections thereto, and to report to the Minister on the matters with respect to which the inquiry was directed, and, on receiving the report of such person or persons, may make an order disallowing or allowing, with such modications (if any) as he may deem necessary, the intended work.
(1) The Government shall make good all damage done, and Compensation, shall pay compensation to the owner of any tree or crops destroyed or etc.
damaged, in the execution of any power conferred by this Act.
(2) In the event of disagreement as to the amount of the compensation to be paid or as to the person entitled to receive compensation, any person interested may apply to the District Commissioner, who shall award to the person entitled to receive compensation such compensation as he thinks reasonable; and that award, subject to appeal to the Provincial Commissioner, shall be nal.
Any person in the service of the government and any contractor Power to enter executing any work for the Government, together with his agents land at any time and servants, may at any time enter upon any land for the purpose of for the purposes surveying, setting out and marking the line of any intended sewer, of the Act.
drain or pipeline, or for the purpose of inspecting, repairing, removing, 11 of 1983, Sch.
re-laying or cleansing any sewer, drain or pipeline the property of the Government, or for any other purpose under this Act.
Any person who, without the consent of the Permanent Penalty for Secretary to the Ministry responsible for works (which consent shall unauthorized not be unreasonably withheld), causes any building to be newly erected building over over any sewer, drain or pipeline the property of the Government sewers, drains or pipelines.
shall be guilty of an offence and liable to a ne of one hundred and 11 of 1983, Sch.
fty shillings, and a further ne of sixty shillings for every day during which the offence is continued after written notice in that behalf from the Permanent Secretary; and the Permanent Secretary may cause any building erected in contravention of this section to be altered, demolished or otherwise dealt with as he may think t, and may recover any expense incurred by the Government in so doing from the offender.