Land Registration Act

Section 1. Short title Section This Act may be cited as the Land Registration Act.

Section 2. Interpretation Section uniquely linked to the signatory;

Section 3. Application Section registration of interests in all public land as declared by Article 62 of the Constitution;

Section 4. Limitation of application Section This Act shall not prohibit or otherwise affect the system of registration under any law relating to mining, petroleum, geo-thermal energy or any other rights over land and land-based resources in respect of public land.

Section 5. Conflict with other laws Section Except as otherwise provided in this Act, no other written law, practice or procedure relating to land shall apply to land registered or deemed to be registered under this Act so far as it is inconsistent with this Act.

Section 6. Registration units Section 6(1) For the purposes of this Act, the Cabinet Secretary in consultation with the Commission and the county governments shall, by order in the Gazette, constitute an area or areas of land to be a land registration unit and may at any time vary the limits of any such units. Section 6(2) Every registration unit shall be divided into registration sections, which shall be identified by distinctive names, and may be further divided into blocks, which shall be given distinctive numbers or letters or combinations of numbers and letters. Section 6(3) The parcels in each registration section or block shall be numbered consecutively, and the name of the registration section and the number and letter of the block, if any, and the number of the parcel shall together be a sufficient reference to any parcel. Section 6(4) The office or authority responsible for land survey may, at any time, cause registration sections or blocks to be combined or divided, or cause their boundaries to be varied, and immediately inform the Registrar of the changes. Section 6(5) Any order by the Cabinet Secretary under this section shall be published in the Gazette and in at leas...

Section 7. Land registry Section 7(1)(a) a land register, in the form to be determined by the Cabinet Secretary; Section 7(1)(b) the cadastral map; Section 7(1)(c) parcel files containing the instruments and documents that support subsisting entries in the land register; Section 7(1)(d) any plans which shall, after a date appointed by the Cabinet Secretary, be geo-referenced; Section 7(1)(e) the presentation book, in which shall be kept a record of all applications numbered consecutively in the order in which they are presented to the registry; Section 7(1)(f) an index, in alphabetical order, of the names of the proprietors; and Section 7(1)(g) a register and a file of powers of attorney. Section 7(2) The Registrar shall, upon payment of the prescribed fee, make information in the land registry accessible to any person. Section 7(3) In establishing the land registry, the Cabinet Secretary, shall be guided by the principles of devolution set out in Articles 174 and 175 of the Constitution. Section 7(4)(a) the property section; Section 7(4)(b) the proprietorship section; Section 7(4)(c) the encumbrance section; Section 7(4)(d) the user of the land; and Section 7(4)(e) any other featu...

Section 8. Community Land Register Section 8(1)(a) a cadastral map showing the extent of the community land and identified areas of common interest; Section 8(1)(b) the name of the community identified in accordance with Article 63(1) of the Constitution and any other law relating to community land; Section 8(1)(c) a register of members of the community; Section 8(1)(d) the user of the land; Section 8(1)(e) the identity of those members registered as group representatives; Section 8(1)(f) the names and identity of the members of the group; and Section 8(1)(g) any other requirement as shall be required under the law relating to community land. Section 8(2) The Registrar shall issue a certificate of title or certificate of lease in the prescribed form. Section 8(3) The Registrar shall not register any instrument purporting to dispose of rights or interest in community land except in accordance with the law relating to community land. Section 8(4) For the avoidance of doubt the provisions in this section shall not apply to unregistered community land held in trust by county governments on behalf of communities under Article 63(3) of the Constitution.

Section 9. Maintenance of documents Section 9(1)(a) publications, or any matter written, expressed, or inscribed on any substance by means of letters, figures or marks, or by more than one of those means, that may be used for the purpose of recording that matter; Section 9(1)(b) electronic files; and Section 9(1)(c) an integrated land resource register. Section 9(2)(a) name, personal identification number, national identity card number, and address of the proprietor; Section 9(2)(b) in the case of a body corporate, name, postal and physical address, certified copy of certificate of incorporation, personal identification numbers and passport size photographs of persons authorized and where necessary attesting the affixing of the common seal; Section 9(2)(c) names and addresses of the previous proprietors; Section 9(2)(d) size, location, user and reference number of the parcel; Section 9(2)(da) passport number, telephone number and email address, where applicable; and Section 9(2)(e) any other particulars as the Registrar may, from time to time, determine.

Section 10. Public access to the register Section Subject to the Constitution and any other law regarding freedom of and access to information, the Registrar shall make information in the register accessible to the public by electronic means or any other means as the Chief Land Registrar may reasonably prescribe.

Section 11. Seal of Registry Section Each registry shall have an official seal, and every instrument bearing the imprint of the seal shall be received in evidence and, unless the contrary is proved, shall be deemed without further proof to be issued by or under the direction of the Registrar.

Section 12. Appointment of Land Registrars and other officers Section 12(1) There shall be appointed by the Public Service Commission, a Chief Land Registrar, a Deputy Chief Land Registrar, County Land Registrars, Land Registrars, and such other officers who shall be public officers as may be considered necessary for the effective discharge of functions under this Act. Section 12(2) Any officer appointed under this Act shall be competitively recruited and vetted by the Public Service Commission. [Act No. 28 of 2016 , s. 6.]

Section 13. Qualifications for appointment of Registrar Section 13(1)(a) is a citizen of Kenya; Section 13(1)(b) holds a degree from a university recognized in Kenya; Section 13(1)(c) is an advocate of the High Court of Kenya of not less than ten years standing; Section 13(1)(d) has had at least ten years experience in land administration or management; and Section 13(1)(e) meets the requirements of chapter six of the Constitution. Section 13(2)(a) has been convicted of a felony; Section 13(2)(b) is an undischarged bankrupt; Section 13(2)(c) has not met his or her legal obligations in relation to tax; Section 13(2)(d) has benefited from or facilitated an unlawful and irregular allocation or acquisition of land or other public property; or Section 13(2)(e) has been removed from office for contravening the provisions of the Constitution.

Section 14. General powers of Land Registrars Section 14(1)(a) require any person to produce any instrument, certificate or other document or plan relating to the land, lease or charge in question, and that person shall produce the same; Section 14(1)(b) summon any person to appear and give any information or explanation in respect to land, a lease, charge, instrument, certificate, document or plan relating to the land, lease or charge in question, and that person shall appear and give the information or explanation; Section 14(1)(c) refuse to proceed with any registration if any instrument, certificate or other document, plan, information or explanation required to be produced or given is withheld or any act required to be performed under this Act is not performed; Section 14(1)(d) cause oaths to be administered or declarations taken and may require that any proceedings, information or explanation affecting registration shall be verified on oath or by statutory declaration; and Section 14(1)(e) order that the costs, charges and expenses as prescribed under this Act, incurred by the office or by any person in connection with any investigation or hearing held by the Registrar for th...

Section 15. Cadastral map Section 15(1) The office or authority responsible for the survey of land shall prepare and thereafter maintain a map or series of maps, to be known as the cadastral map, for every registration unit. Section 15(2) The parcel boundaries on such maps shall be geo-referenced and surveyed to such standards as to ensure compatibility with other documents required under this Act or any other law.

Section 16. Power to alter boundary lines and to prepare new editions Section 16(1) The office or authority responsible for the survey of land may rectify the line or position of any boundary shown on the cadastral map based on an approved subdivision plan, approved combination plan or any other approved plan necessitating the alteration of the boundary, in the prescribed form, and in accordance with any law relating to subdivision of land that is for the time being in force. Section 16(2) whenever the boundary of a parcel is altered on the cadastral map, the parcel number shall be cancelled and the parcel shall be given a new number. Section 16(3) The office or authority responsible for the survey of land may prepare new editions of the cadastral map or any part thereof, and may omit from the new map any matter that it considers obsolete. Section 16(4) Any rectification to the cadastral map in accordance with this section shall be notified to the Registrar by the submission of the rectified cadastral map and all the approvals that necessitated the amendments. [Act No. 28 of 2016 , s. 9.]

Section 17. Approval for further surveys Section 17(1) Further surveys may be made for any purpose connected with this Act, but such surveys shall be used to amend the cadastral map only if it is approved by the office or authority responsible for the survey of land. Section 17(2) This section shall not preclude the Registrar from keeping in the registry records of cadastral information and maps approved by the office or authority responsible for survey. Section 17(3) The office or authority responsible for the survey of land shall submit to the Commission a copy of the cadastral maps relating to public land and the Commission shall be a depository of the maps. [Act No. 28 of 2016 , s. 10.]

Section 18. Boundaries Section 18(1) Except where, in accordance with section 20 , it is noted in the register that the boundaries of a parcel have been fixed, the cadastral map and any filed plan shall be deemed to indicate the approximate boundaries and the approximate situation only of the parcel. Section 18(2) The court shall not entertain any action or other proceedings relating to a dispute as to the boundaries of registered land unless the boundaries have been determined in accordance with this section. Section 18(3) Except where, it is noted in the register that the boundaries of a parcel have been fixed, the Registrar may, in any proceedings concerning the parcel, receive such evidence as to its boundaries and situation as may be necessary: Provided that where all the boundaries are defined under section 19 (3), the determination of the position of any uncertain boundary shall be done as stipulated in the Survey Act (Cap. 299).

Section 19. Fixed boundaries Section 19(1) If the Registrar considers it desirable to indicate on a filed plan approved by the office or authority responsible for the survey of land, or otherwise to define in the register, the precise position of the boundaries of a parcel or any parts thereof, or if an interested person has made an application to the Registrar, the Registrar shall give notice to the owners and occupiers of the land adjoining the boundaries in question of the intention to ascertain and fix the boundaries. Section 19(2) The Registrar shall, after giving all persons appearing in the register an opportunity of being heard, cause to be defined by survey, the precise position of the boundaries in question, file a plan containing the necessary particulars and make a note in the register that the boundaries have been fixed, and the plan shall be deemed to accurately define the boundaries of the parcel. Section 19(3) Where the dimensions and boundaries of a parcel are defined by reference to a plan verified by the office or authority responsible for the survey of land, a note shall be made in the register, and the parcel shall be deemed to have had its boundaries fixed und...

Section 20. Maintenance of boundaries Section 20(1) Every proprietor of land shall maintain in good order the fences, hedges, stones, pillars, beacons, walls and other features that demarcate the boundaries, pursuant to the requirements of any written law. Section 20(2) The Registrar may in writing, order the demarcation within a specified time of any boundary mark, and any person who fails to comply with such an order commits an offence and is liable on conviction to a fine not exceeding two hundred thousand shillings. Section 20(3) The Registrar may in writing, order which of adjoining proprietors shall be responsible for the care and maintenance of any feature demarcating a common boundary, and any proprietor so ordered to be responsible for the care and maintenance of the boundary feature who allows the boundary feature or any part of it to fall into disrepair, be destroyed or removed commits an offence and is liable on conviction to a fine not exceeding two hundred thousand shillings.

Section 21. Interference with boundary features Section 21(1) Any person who defaces, removes, injures or otherwise impairs a boundary feature or any part of it unless authorized to do so by the Registrar commits an offence and is liable on conviction to imprisonment for a term not exceeding two years or to a fine not exceeding two hundred thousand shillings or to both. Section 21(2) Any person convicted of an offence under subsection (1), whether or not any penalty is imposed upon the person, is liable to pay the cost of restoring the boundary feature, and the cost shall be recoverable as a civil debt by any person who is responsible under this section for the maintenance of the feature.

Section 22. Combinations and subdivisions Section 22(1) Subject to authentication of the cadastral map, if contiguous parcels are owned by the same proprietor and are subject in all respects to the same rights and obligations, the Registrar, on application by the proprietor, may combine these parcels by closing the registers relating to them and opening a new register or registers in respect of the parcel or parcels resulting from the combination. Section 22(2) Upon the application of a proprietor of a parcel for the division of that parcel into two or more parcels, and authentication of the cadastral map, the Registrar shall effect the division by closing the register relating to the parcel and opening new registers in respect of the new parcels resulting from the division, and recording in the new registers all subsisting entries appearing in the closed register: Provided that nothing shall be done under this section that would be inconsistent with the provisions of this Act or any other written law.

Section 23. Reparcellation Section 23(1)(a) cancel the registers relating to those parcels and prepare new registers in accordance with the new edition of the cadastral map; or Section 23(1)(b) refuse to effect the reparcellation if the Registrar considers that the proposed reparcellation involves substantial changes of ownership, which should be effected by transfers without invoking this section, in which case, the Registrar shall direct the proprietors accordingly. Section 23(2) Upon reparcellation, the new parcels shall vest in the persons in whose names they are registered.

Section 24. Interest conferred by registration Section the registration of a person as the proprietor of land shall vest in that person the absolute ownership of that land together with all rights and privileges belonging or appurtenant thereto; and

Section 25. Rights of a proprietor Section 25(1)(a) to the leases, charges and other encumbrances and to the conditions and restrictions, if any, shown in the register; and Section 25(1)(b) to such liabilities, rights and interests as affect the same and are declared by section 28 not to require noting on the register, unless the contrary is expressed in the register. Section 25(2) Nothing in this section shall be taken to relieve a proprietor from any duty or obligation to which the person is subject to as a trustee.

Section 26. Certificate of title to be held as conclusive evidence of proprietorship Section 26(1)(a) on the ground of fraud or misrepresentation to which the person is proved to be a party; or Section 26(1)(b) where the certificate of title has been acquired illegally, unprocedurally or through a corrupt scheme. Section 26(2) A certified copy of any registered instrument, signed by the Registrar and sealed with the Seal of the Registrar, shall be received in evidence in the same manner as the original.

Section 27. Transfer without valuable consideration Section 27(1)(a) any unregistered rights or interests subject to which the transferor held it; and Section 27(1)(b) the provisions of the Insolvency Act (Cap. 53) so far as they are applicable in the circumstances. Section 27(2) When registered, such a transfer has the same effect as a transfer for valuable consideration. [Act No. 19 of 2015 , s. 173.]

Section 28. Overriding interests Section deleted by Act No. 28 of 2016, s. 11(a) ;

Section 29. Actual notice

Section 30. Certificate of title and Certificate of lease Section 30(1) The Registrar may, if requested by a proprietor of land whose name appears in the register or a lease where no certificate of title or certificate of lease has been issued, issue to him or her a certificate of title or a certificate of lease, as the case may be, in the prescribed form showing, if so required by the proprietor, all subsisting entries in the register affecting that land or lease. Section 30(2)(a) only one certificate of title or certificate of lease shall be issued in respect of each parcel or lease; and Section 30(2)(b) no certificate of title or certificate of lease shall be issued unless the lease is for a certain period exceeding twenty-one years. Section 30(3) A certificate of title or certificate of lease shall be prima facie evidence of the matters shown in the certificate, and the land or lease shall be subject to all entries in the register. Section 30(4) If there is more than one proprietor, unless they are tenants in common, the proprietors shall agree among themselves on which of them shall receive the certificate of title or the certificate of lease, and if they fail to agree, the ce...

Section 31. Production of certificate Section 31(1) If a certificate of title or a certificate of lease has been issued, then, unless it is filed in the registry or the Registrar dispenses with its production, it shall be produced on the registration of any dealing with the land or lease to which it relates, and, if the certificate of title or the certificate of lease shows all subsisting entries in the register, a note of the registration shall be made on the certificate of title or the certificate of lease. Section 31(2) Where the disposition is a transfer, the certificate shall, when produced, be cancelled, and in that case a new certificate may be issued to the new proprietor. Section 31(3) Where the disposition is a charge, the certificate shall be delivered to the chargee.

Section 32. Dispositions of leases and charges Section On the registration of any disposition of a lease or charge, the original and the duplicate of the lease or charge shall, unless the Registrar is satisfied that they cannot be produced, be produced to the Registrar, who shall note particulars of the disposition on the lease or charge and on the duplicate.

Section 33. Lost or destroyed certificates and registers Section 33(1) Where a certificate of title or certificate of lease is lost or destroyed, the proprietor may apply to the Registrar for the issue of a replacement certificate of title or certificate of lease, and shall produce evidence to satisfy the Registrar of the loss or destruction of the previous certificate of title or certificate of lease. Section 33(2) The Registrar shall require a statutory declaration to be made by all the registered proprietors, and in the case of a company, the director, where property has been charged, the chargee that the certificate of title or a certificate of lease has been lost or destroyed. Section 33(3) If the Registrar is satisfied with the evidence proving the destruction or loss of the certificate of title or certificate of lease, and after the publication of such notice in the Gazette and in any two local newspapers of nationwide circulation, the Registrar may issue a replacement certificate of title or certificate of lease upon the expiry of sixty days from the date of publication in the Gazette or circulation of such newspapers; whichever is first. Section 33(4) If a lost certificate...

Section 34. Searches and copies Section A person who requires an official search in respect of any parcel, shall be entitled to receive particulars of the subsisting entries in the register, certified copies of any document, the cadastral map, or plan filed in the registry upon payment of the prescribed fee.

Section 35. Evidence Section 35(1) Every document purporting to be signed by a Registrar shall, in all proceedings, be presumed to have been so signed unless the contrary is proved. Section 35(2) Every copy of or extract from a document certified by the Registrar to be a true copy or extract shall, in all proceedings, be received as prima facie evidence of the contents of the document. Section 35(3) Every entry or note in or on any register, cadastral map or filed plan shall be received in all proceedings as conclusive evidence of the matter or transaction that it records. Section 35(4) No process for compelling the production of the register, or of the cadastral map, or of any filed instrument or plan, shall issue from any court except with the leave of that court, which leave shall not be granted if a certified copy or extract will suffice, and any such process, if issued, shall bear thereon a statement that it is issued with the leave of the court.

Section 13A. Qualifications for appointment of other land Registrars Section 13A(1) A person shall not qualify for appointment as Deputy Chief Land Registrar unless such a person is an Advocate of the High Court of Kenya of not less than ten years' standing, a land surveyor, a land economist or an expert in any other relevant field. Section 13A(2) A person shall not qualify for appointment as a County Land Registrar unless such a person is an Advocate of the High Court of Kenya of not less than five years' standing or an Advocate of the High Court with at least five years' experience in land administration, a land surveyor, a land economist or an expert in any other relevant field. Section 13A(3) A person shall not qualify for appointment as a Land Registrar unless such a person is an Advocate of the High Court of Kenya, a land surveyor, a land economist or an expert in any other relevant field. Section 13A(4) Upon appointment, the Registrar shall take an oath of office in the prescribed form. Section 13A(5) Upon the commencement of this Act, any person holding the position of Chief Land Registrar, and Land Registrars who do not meet the qualifications prescribed in this Act shall...

Section 36. Dispositions and dealings affecting land Section 36(1) A lease, charge or interest in land shall not be disposed of or dealt with except in accordance with this Act, and any attempt to dispose of any lease, charge or interest in land otherwise than in accordance with this Act or any other law, shall not, extinguish, transfer, vary or affect any right or interest in that land, or in the land, lease or charge. Section 36(2) Nothing in this section shall be construed as preventing any unregistered instrument from operating as a contract. Section 36(3)(a) shall apply to contracts by correspondence, subject to any modification or any stipulation or any intention to the contrary expressed in the correspondence; and Section 36(3)(b) may be made to apply to any other cases for which the terms and conditions are made available, where express reference is made to those terms and conditions. Section 36(4) Where an instrument presented for registration later than three months from the date of the instrument, then, as well as registration fee, and additional fee equal to the registration fee shall be payable for each of the three months which have elapsed since that date: Provided t...

Section 37. Transfers Section 37(1) A proprietor may transfer land, a lease or a charge to any person with or without consideration, by an instrument in the prescribed form or in such other form as the Registrar may in any particular case approve. Section 37(2)(a) filing the instrument; and Section 37(2)(b) registration of the transferee as proprietor of the land, lease or charge.

Section 38.[Deleted by Act No. 1 of 2020, s. 22]

Section 39.[Deleted by Act No. 1 of 2020, s. 23]

Section 40. Transfer to take effect immediately Section A transfer shall not be expressed to take effect on the happening of any event or on the fulfillment of any condition or at any future time.

Section 41. Conditions repugnant to interest transferred Section 41(1)(a) restrain absolutely a transferee or any other person from disposing of the interest transferred; or Section 41(1)(b) determine the interest of the transferee on the happening of any future event or on the failure of any future event to happen. Section 41(2) Except as otherwise provided in this Act, no transfer of land shall contain a direction that the land shall be used or enjoyed by the transferee in a particular manner. Section 41(3) This section does not apply to Wakfs .

Section 42. Transfer of part Section No part of the land comprised in a register shall be transferred unless the proprietor has first subdivided the land and duly registered each new subdivision.

Section 43. Instruments of dispositions Section 43(1) Every instrument effecting a disposition of land under this Act shall be in the form prescribed in relation to that disposition under this Act or any other written law. Section 43(2) No instrument effecting any disposition of an interest in land under this Act shall operate to sell or assign land or create, transfer or otherwise affect any land, lease or charge until it has been registered in accordance with the laws relating to the registration of instruments affecting the land in respect of which the disposition has been made. Section 43(3) The provisions of subsection (2), shall not apply to any disposition that is exempt from registration. Section 43(4) This section shall not apply to or affect the operation of any contract for a disposition under this Act. [Act No. 28 of 2016 , s. 17.]

Section 44. Executions of instruments in writing Section 44(1) Except as otherwise provided in this Act, every instrument effecting any disposition under this Act shall be executed by each of the parties consenting to it, in accordance with the provisions of this section. Section 44(2) The execution of any instrument referred to in subsection (1), by a person shall consist of appending a person’s signature on it or affixing the thumbprint or other mark as evidence of personal acceptance of that instrument. Section 44(3) The execution of any instrument referred to in section (1) by a corporate body, association, cooperative society or other organisation shall be effected in accordance with the provisions of the relevant applicable law and in the absence of provisions on execution of instruments, the execution shall be effected in the presence of either an advocate of the High Court of Kenya, a magistrate, a Judge or a notary public. Section 44(3A) Where practicable, an instrument processed and executed electronically by persons consenting to it by way of an advanced electronic signature or an electronic signature shall be deemed to be a validly executed document. Section 44(4) An in...

Section 45. Verification of execution Section 45(1)(a) appear before the Registrar, public officer or other person as is prescribed; and Section 45(1)(b) be accompanied by a credible witness for the purpose of establishing identity, unless the person is known to the Registrar, public officer or other person. Section 45(2) The Registrar, public officer or other person shall identify the person and ascertain whether the person freely and voluntarily executed the instrument, and shall complete thereon a certificate to that effect. Section 45(3)(a) if the Registrar considers that it cannot be obtained or it can only be obtained only with difficulty and is otherwise satisfied that the document has been properly executed; Section 45(3)(b) if the Registrar knows the document has been properly executed, and shall record on the document the reasons for dispensing with the appearance of the parties; or Section 45(3)(c) if the instrument has been electronically processed and executed by the parties consenting to it.

Section 46. Stamping Section An instrument required by law to be stamped shall not be accepted for registration unless it is stamped in accordance with the Stamp Duty Act (Cap. 480).

Section 47. Minors Section 47(1) The name of a person under the age of eighteen years may be entered in the register to enable the minor’s interest to be held in trust and shall be registered under the name of the guardian either on first registration or as a transferee or on transmission. Section 47(2) Nothing in this section enables a person under eighteen years of age to deal with land or any interest in land by virtue of such registration, and, if the Registrar knows a child has been registered, the Registrar shall enter a restriction accordingly. Section 47(3) If a disposition by a minor whose minority has not been disclosed to the Registrar has been registered, that disposition may not be set aside only on the grounds of minority.

Section 48. Agents and persons under disability Section 48(1) Except as provided in subsection (3), no instrument executed by any person as agent for any other person shall be accepted by the Registrar unless the person executing it was authorized in that behalf by a power of attorney executed and verified in accordance with section 45 . Section 48(2) The original of a power of attorney or, with the consent of the Registrar, a copy certified by the Registrar shall be filed. Section 48(3) The guardian of a person under a legal incapacity or, if there is no such guardian, a person appointed under some written law to represent that person, may make an application, do any act and be party to any proceeding on behalf of that person, and may generally represent that person for the purposes of this Act. Section 48(4)(a) be satisfied that the person claiming to be the guardian is entitled to execute the document; or Section 48(4)(b) require the production of the appointing instrument of the person, and shall file a note of the explanation to that effect.

Section 49. Gift to person under incapacity