Survey Act

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

Section 2. Interpretation Section uniquely linked to the signatory;

Section 3. Director of Surveys and other officers Section 3(1) There shall be appointed a Director of Surveys and such other officers as may be deemed to be necessary for the purposes of this Act. Section 3(2) The Director may delegate in writing all or any of his powers, duties or functions under the provisions of this Act, or of any regulations made thereunder, either generally or specially to any officer appointed under subsection (1) of this section and may at any time revoke or vary any such delegation: Provided that no such delegation shall be deemed to divest the Director of all or any of his powers, duties or functions, and he may, if he thinks fit, exercise and perform such powers, duties and functions notwithstanding the fact that he has so delegated them. [ L.N. 2/1964 , Sch, L.N. 303/1964 , Sch.]

Section 4. Survey Office and other offices Section The principal office of the Director (in this Act referred to as the Survey Office) shall be at Nairobi, but there may be established such other offices at such places as the Director may from time to time determine.

Section 5. Seal of Survey of Kenya Section 5(1) The Director shall have and use a seal of office bearing the impression of the badge of the Survey Department and having inscribed thereon “Survey of Kenya”, and the imprint of such seal shall be valid whether impressed or made in wax, ink or any other substance. Section 5(2) The seal of the Survey of Kenya shall not be used or affixed except by the Director or by some person authorized by the Director in writing in that behalf. Section 5(3) A document or plan that has been processed electronically and bears a prescribed security feature shall be deemed to bear the imprint of the seal of the Survey of Kenya. [Act No. 1 of 2020 , s. 8.]

Section 6. Personal liability of Director Section Neither the Director nor any officer appointed by virtue of subsection (1) of section 3 shall be personally liable to any action or other proceeding for or in respect of any act or matter done or omitted without negligence in good faith in the exercise or performance, or the purported exercise or performance, of any powers, duties or functions conferred by this Act or by any regulations made thereunder.

Section 7. Establishment of Board Section 7(1)(a) the Director, who shall be Chairperson of the Board; Section 7(1)(b) two of them on the advice of the Principal Secretary to the Ministry for the time being responsible for matters relating to land survey; Section 7(1)(b)(i) two of them on the advice of the Principal Secretary to the Ministry for the time being responsible for matters relating to land survey; Section 7(1)(b)(ii) four of them on the advice of each of the Principal Secretaries of the Ministries for the time being responsible for transport, local government, forestry and housing; and Section 7(1)(b)(iii) one of them on the advice of the Vice-Chancellor of the University of Nairobi; Section 7(1)(c) four licensed surveyors in private practice elected by licensed members of the Institution of Surveyors of Kenya (Chapter of Land Surveyors) who shall hold office for two years and shall be eligible for re-election: Section 7(2) The Board may, from time to time, elect one of its members to be deputy Chairperson, who shall, in the absence or inability to act of the Chairperson, perform the duties of the Chairperson. Section 7(3) Subject to this Act, and to any special or gener...

Section 8. Appointment of secretary and other officers Section The Board may, from time to time, appoint a secretary and such examiners and other officers as may be necessary for carrying out the duties of the Board, and all such persons shall hold office during the pleasure of the Board.

Section 9. Duties of Board Section to conduct the examination of candidates for admission as licensed surveyors in accordance with the provisions of this Act;

Section 10. Persons eligible to be licensed Section No person shall be licensed under this Act unless he is qualified as hereinafter provided; and every person who is so qualified shall be entitled, on payment of the prescribed fee, to be granted a licence by the Board in the prescribed form.

Section 11. Persons entitled to be examined Section he has previously practised land surveying regularly and faithfully for such period as the Board may require, in the Survey of Kenya or with a licensed surveyor in Kenya or in one of the countries approved for the purposes of paragraph (d) of subsection (1) of section 12 of this Act, and he produces either a statutory declaration from the Director or from such licensed surveyor, as the case may be, in such form as may be prescribed, or such other evidence as may satisfy the Board, that he has so served for the period required by the Board; or

Section 12. Exemptions Section 12(1)(a) was duly registered as a licensed surveyor in accordance with the provisions of any written law relating to the registration of surveyors in force at any time before the commencement of this Act; or Section 12(1)(b) is the holder of an East African Land Survey Certificate; or Section 12(1)(c) has taken a degree in land surveying from a university recognized by the Board, passed the Kenya land law examination and has had not less than two years practical experience with the survey of Kenya or with a licensed surveyor to the satisfaction of the Board; or Section 12(1)(d) is the holder of a licence to practice as a surveyor in any country which the Cabinet Secretary may, by notice in the Gazette , approve; or Section 12(1)(e) is the holder of the qualification of Fellow or Professional Associate of the Royal Institute of Chartered Surveyors in subdivision V (Land Surveying); or Section 12(1)(f) has complied with the provisions of paragraph (b) of section 11 of this Act, Section 12(2)(a) he satisfies the Board that he has had field experience in land surveying: and Section 12(2)(b) he carries out to the satisfaction of the Board, a trial survey;...

Section 13. Application for examination Section 13(1) An application for examination shall be made to the secretary of the Board in writing at least one month prior to the date on which such examination is to take place, and such application shall be in the prescribed form and shall be accompanied by the prescribed fee, which fee shall be refunded if the candidate is not allowed to be examined. Section 13(2) All fees paid under this section shall be paid into the Consolidated Fund.

Section 14. Examining candidate on oath Section The Board may require the attendance of any person who applies for examination for admission as a licensed surveyor, and may examine or question such person upon oath, affirmation or otherwise as to his actual practice in the field and other matters relevant thereto, and for such purpose any member of the Board may administer an oath or affirmation.

Section 15. Conditions precedent to the issue of a licence Section he has attained the age of twenty-one years; and

Section 16. Register of licensed surveyors Section The Board shall cause a register to be kept which shall contain the names, addresses and qualifications of all persons to whom licences have been granted, the date upon which each such licence was granted and any other particulars which may be prescribed.

Section 17. Disciplinary powers of Board Section 17(1)(a) cancel the licence granted to such licensed surveyor; or Section 17(1)(b) suspend the licence for a period not exceeding three years; or Section 17(1)(c) impose a fine not exceeding one thousand shillings on such licensed surveyor; or Section 17(1)(d) reprimand such licensed surveyor. Section 17(2) Upon any inquiry held by the Board under subsection (1), the person whose conduct is being inquired into shall be afforded an opportunity of being heard, either in person or by an advocate. Section 17(3) For the purpose of proceedings at any inquiry held by the Board, the Board may administer oaths and affirmations and may, subject to the provision of any regulations made under this Act, enforce the attendance of persons as witnesses and the production of books and documents. Section 17(4) Any person who, having been summoned by the Board to attend before it, fails so to attend, or fails to produce any books or documents which he is required to produce, shall be guilty of an offence and liable to a fine not exceeding two hundred shillings.

Section 18. Appeal to High Court Section Any person aggrieved by a decision of the Board under section 17 , or under subsection (4) of section 31 , may, within one month after the date of the decision, appeal to the High Court against the decision, and, on any such appeal, the High Court may give such directions in the matter as it thinks proper, including directions as to the costs of the appeal, and no appeal shall lie from an order of the High Court under this section.

Section 19. Grant of new licence and termination of suspension Section Where an order has been made for the revocation of the licence granted to any person or for suspending such a licence, the Board may either of its own motion or on the application of the person concerned, and in either case after holding such inquiry as the Board thinks fit, grant a new licence and cause the name of that person to be restored to the register, or, as the case may be, terminate the suspension of the existing licence and registration, either without fee or on payment of such fee, not exceeding the licence fee, as the Board may determine.

Section 20. Notice of grant, cancellation, etc., of licence to be published inGazette Section Notice of the grant, revocation or suspension of any licence, or of the termination of the suspension thereof, under this Part shall be published in the Gazette .

Section 10A.[Repealed by ActNo. 9 of 2000, s. 82.]

Section 36. Unqualified persons forbidden to survey Section 36(1)(a) survey any holding or land for the purpose of preparing any plan which is attached to, or is referred to in, any document or instrument purporting to confer, declare, transfer, limit, extinguish or otherwise deal with or affect any right, title or interest, whether vested or contingent to, in or over any holding or land, being a document or instrument which is required to be registered, or is ineffectual until registered, under any written law for the time being in force relating to the registration of transactions in or of title to land; or Section 36(1)(b) perform any survey which affects or may affect the delimitation of the boundaries, or the location of survey marks, of any holding or land registered or to be registered under any written law for the time being in force relating to the registration of land or of title to land. Section 36(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding six months or to both.

Section 37. Penalty for fraudulently procuring licence, falsely pretending to be licensed, and allowing unlicensed surveyor to practise Section fraudulently procures or attempts to procure himself or any other person to be granted a licence by the Board under this Act; or

Section 38. Penalty for obstructing surveyors Section Any person who wilfully obstructs or hinders any surveyor, or any assistant or servant of such surveyor, in the performance of any duty or the exercise of any power under this Act shall be guilty of an offence and liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding two months or to both.

Section 21. Duties of licensed surveyors and non-liability of the Government Section 21(1) Every surveyor shall carry out every survey undertaken by him in such manner as will ensure that the survey accords in all respects with the provisions of this Act and any regulations made thereunder, and shall be responsible for the correctness and completeness of every survey carried out by him or under his supervision: Provided that the Director may, in his discretion in the case of any particular survey, by notice in writing to the surveyor, direct that the standards of accuracy prescribed by such regulations shall be relaxed in such manner, to such extent and subject to such conditions as he shall specify in the notice. Section 21(2) Neither the Government nor any public officer shall be liable for any defective survey, or any work appertaining thereto, performed by a licensed surveyor, notwithstanding that any plan relating to such survey or work has been authenticated in accordance with the requirements and provisions of this Act or accepted for registration under any written law for the time being in force relating to the registration of transactions in or of title to land.

Section 22. Surveys of land to be conducted under the direction of Director Section Any survey of land for the purposes of any written law for the time being in force relating to the registration of transactions in or of title to land (other than the first registration of the title to any land made in accordance with the provisions of the Land Consolidation Act ( Cap. 283 ) or the Land Adjudication Act ( Cap. 284 ) shall be carried out under and in accordance with the directions of the Director. [ L.N. 2/1964 , Sch., L.N. 303/1964 , Sch., Act No. 10 of 1969 ), Sch.]

Section 23. Powers of Director and of surveyors to enter upon land Section 23(1)(a) making or supervising any survey or resurvey; or Section 23(1)(b) affixing or setting up thereon or therein any survey mark; or Section 23(1)(c) inspecting any survey mark; or Section 23(1)(d) altering, repairing, moving or removing any survey mark; or Section 23(1)(e) doing anything necessary for carrying out any of the aforesaid purposes; or Section 23(1)(f) examining or inspecting the conduct of any survey. Section 23(2) Before so entering upon any land, the Director or other surveyor or person duly authorized shall, whenever practicable, give reasonable notice to the owner or occupier of the land of his intention to enter thereon, and shall, on so entering, produce written evidence of his authority to any person reasonably requiring the same. Section 23(3) Compensation shall be paid to the owner of any trees or crops cut or damaged in the exercise of any of the powers conferred by this section, and such compensation shall be calculated and paid in the prescribed manner.

Section 24. Boundary marks to be shown on plan Section Every trigonometrical station, fundamental benchmark and boundary beacon erected or placed for the purpose of defining the boundaries of any holding or land shall be shown on the plan (if any) attached to, or referred to in, any document or instrument purporting to confer, declare, transfer, limit, extinguish or otherwise deal with or affect any right, title or interest, whether vested or contingent to, in or over such holding or land, being a document or instrument which is required to be registered, or is ineffectual until registered, under any written law for the time being in force relating to the registration of transactions in or of title to land.

Section 25. Sites of trigonometrical stations and fundamental benchmarks Section Every trigonometrical station or fundamental benchmark shall be deemed, for the purposes of this Act and of any regulations made thereunder, to comprise the land within twenty feet of the centre-mark of such station or within twenty feet of the centre of the pillar or of such fundamental benchmark, as the case may be, together with a right-of-way to and from the same.

Section 26. Blasting of rock within the site reserved for fundamental benchmark prohibited Section 26(1) No person shall carry out rock-blasting operations within the area of the land reserved for any fundamental benchmark. Section 26(2) Any person who contravenes the provisions of this section shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding six months, or to both.

Section 27. Duty of grantee to ascertain that survey marks shown on plan are in place, and procedure if the grantee is unable to find survey marks Section 27(1) It shall be the duty of every grantee to ascertain, within sixty days after he has received his grant, that the survey marks shown on any plan attached to his grant or referred to therein are in place as shown on the plan. Section 27(2) If a grantee notifies the Director in writing that he is unable to find the survey marks shown on the plan attached thereto and referred to therein, and deposits with the Director a sum which, in the estimation of the Director, is sufficient to cover the cost of the inquiry, the Director shall inquire into the matter. Section 27(3) If as a result of any such inquiry the Director finds that the survey marks are not in place as shown on the plan, he shall cause survey marks to be erected or placed in accordance with the plan, and, in such case, the sum deposited shall be refunded to the grantee. Section 27(4) If as a result of such inquiry the Director finds that the survey marks are in place as shown on the plan, the sum deposited, or such portion thereof as shall be sufficient to cover the c...

Section 28. Responsibility for protection of survey marks Section 28(1) Every owner and occupier of land shall take all reasonable measures to protect every survey mark erected or placed on the land owned or occupied by him. Section 28(2) The owner and occupier of land shall pay to the Director the cost of restoring any survey mark erected or placed on the land owned or occupied by him (including the cost of any survey made for that purpose) which has been removed, destroyed, displaced, defaced, mutilated, obliterated or broken, or the position of which has been altered, unless any other person has been convicted of an offence under section 29 in respect of that survey mark; and such cost shall be a civil debt recoverable summarily. Section 28(3) Where a survey mark is common to the land of two or more owners and occupiers, the cost of restoring any such survey mark, as provided by subsection (2), shall be divided equally between them.

Section 29. Penalty for tampering with survey marks Section if such act was done with intent to defraud, to imprisonment for a term not exceeding three years; or

Section 30. All survey plans and records to be deposited with Director and to become property of Government Section 30(1) Every surveyor who executes any survey in accordance with the provisions of this Act and of any regulations made thereunder shall send to the Director either physically or electronically all plans, field notes and computations relating thereto, and all such plans, field notes and computations shall be deposited in the Survey Office and shall become the property of the Government. Section 30(2) No plan deposited in the Survey Office in accordance with subsection (1) shall be altered or amended in any way without the permission of the Director. [Act No. 1 of 2020 , s. 9.]

Section 31. Correction of errors Section 31(1) The Director, or a Government surveyor authorized in writing by the Director in that behalf, may at any time undertake such field and office checks on the survey work of a licensed surveyor as he thinks fit. Section 31(2) The Director, or a Government surveyor duly authorized to authenticate a plan under section 32 may, by notice in writing, instruct any licensed surveyor to correct at his own expense within a time specified in such notice any error made by him in the survey represented by the plan submitted for authentication: Provided that such notice shall not be sent more than twelve months after the date on which the plan was sent to the Director under section 30 . Section 31(3) In the event of such licensed surveyor refusing or neglecting within the time specified to correct such error, it shall be lawful for the Director to undertake such correction and to recover the whole cost of such correction from the licensed surveyor concerned. Section 31(4) If such licensed surveyor refuses or neglects to pay the cost of the correction referred to in subsection (3) within fourteen days of the same having been demanded of him, the Directo...

Section 32. Authentication of plans Section No land shall be deemed to have been surveyed or resurveyed until the plan thereof has been authenticated by the signature of the Director or of a Government surveyor authorized in writing by the Director in that behalf, or by the affixing of the seal of the Survey of Kenya in accordance with section 5 . [Act No. 10 of 1969 , Sch., Act No. 1 of 2020 , s. 10.]

Section 33. Director may cancel authentication of plan Section 33(1)(a) the plan is found to be inaccurate by reason of any error or omission in the survey; or Section 33(1)(b) the plan does not conform with the terms and conditions subject to which permission to subdivide the land to which the plan relates has been given, Section 33(2)(a) the registered owner of the land to which such plan relates or, in the case of Government land, the Commissioner of Lands; and Section 33(2)(b) the surveyor by whom the survey was executed; and Section 33(2)(c) the registrar. Section 33(3)(a) in the case of land registered under the Government Lands Act ( Cap. 280 ), the Principal Registrar of Government Lands; Section 33(3)(b) in the case of land registered under the Land Titles Act ( Cap. 282 ), the Principal Registrar; Section 33(3)(c) in the case of land registered under the Registration of Titles Act ( Cap. 281 ), the Principal Registrar of Titles; Section 33(3)(d) in the case of land registered under the Registered Land Act ( Cap. 300 ), the Chief Land Registrar; Section 33(3)(e) deleted by L.N.303/1964, Sch. ; and Section 33(3)(f) in the case of any document registered under the Registrati...

Section 34. Standing Committee on Geographical Names Section 34(1)(a) the Director, who shall be Chairperson of the Committee; and Section 34(1)(b) ten other members appointed by the Cabinet Secretary for such period as he may direct. Section 34(2) The Chairperson shall appoint a public officer to be secretary of the Committee.

Section 35. Duties of Committee Section 35(1) It shall be the duty of the Committee to advise the Cabinet Secretary as to the spelling of all names on maps of Kenya, and in so doing the Committee shall have due regard to historical, orthographical and ethnic considerations. Section 35(2) There shall be published in such manner, and as often as the Cabinet Secretary may direct, lists or maps containing the approved spelling of all such names. [Act No. 10 of 1969 , Sch.]

Section 39. Authenticated plans to be sufficient compliance with law requiring notices of boundaries, etc. Section Where the provisions of any written law require that for the purposes of any written law a notice shall be published in the Gazette or otherwise specifying the boundaries of any land or area, or the situation and extent of any land or area, or particulars necessary to identify any land or area, or defining or designating the boundaries or limits of any land or area, it shall be sufficient if such land or area is described by reference in such notice to a plan of such land or area authenticated, identified and deposited in the Survey Office in accordance with the provisions of section 41 .

Section 40. Distribution of photographic or lithographic copies of plan authenticated Section The authority giving a notice which refers to a plan authenticated, identified and deposited in the Survey Office may direct that so many photographically produced (or, if a larger number are required, lithographically produced) copies of such plan as he may require shall be made and distributed to the District Commissioner of the district in which the land or area to which such plan refers is situated, to the Commissioner of Lands and to such other public officer or officers as he shall specify.

Section 41. Provisions regarding authenticated plans Section 41(1)(a) it is authenticated, by the signature of the Director or of a Government surveyor authorized in writing by the Director in that behalf and by the signature of the authority by whom the notice is given, to be the land or area to which the notice refers; and Section 41(1)(b) it is identified by a reference number. Section 41(2) Every such authenticated and identified plan shall be deposited in the Survey Office.

Section 42. Aerial surveys Section 42(1) Any person who intends to carry out any aerial photography for use in mapping or similar purpose shall, before carrying out the same, give to the Director in writing not less than one month’s notice of his intention so to do. Section 42(2)(a) produce to the Director for his inspection all of the photographs thereby produced or such of them as the Director may specify; and Section 42(2)(b) supply to the Director, at the Director’s cost, such copies as the Director may require of such photographs: Section 42(3) Any person who fails to comply with the provisions of subsection (1) or subsection (2) shall be guilty of an offence and liable to a fine not exceeding two thousand shillings.

Section 43. Proof of plans Section 43(1) All plans authenticated under this Act, purporting to be signed by the Director, or by a Government surveyor authorized by the Director in that behalf, or to be sealed with the seal of the Survey of Kenya, shall be presumed, until the contrary is proved, to have been signed by the Director, or by a Government surveyor authorised as aforesaid, or to have been sealed with the seal of the Survey of Kenya, as the case may be. Section 43(2) The provisions of subsection (1) shall extend to plans approved before the commencement of this Act under section 37 of the Survey Act, 1951 (Repealed).

Section 44. Inspection of plans Section Any person may, at such times as may be notified by the Director, inspect any boundary plan, referred to in any notice in the Gazette , which is in the possession of the Survey Department.

Section 45. Regulations Section 45(1)(a) the manner in which surveys shall be carried out and the manner and form in which the records of surveys shall be prepared and furnished to the Director; Section 45(1)(b) the standard of accuracy which shall, subject to any direction given under the proviso to subsection (1) of section 21 , be achieved, and the limit of error which shall, subject as aforesaid, be allowed, in surveys and resurveys of land; Section 45(1)(c) the nature, form and dimensions of survey marks, the manner of marking the same for identification and the manner of their construction, erection, protection, maintenance and repair; Section 45(1)(d) the testing of surveying instruments and of measuring tapes to be used in the survey of land; Section 45(1)(e) the unit of measurement which shall be used on plans; Section 45(1)(f) the charges to be made for the making of any survey by the Survey Department; Section 45(1)(g) the charges to be made for the authentication under this Act of plans submitted by a licensed surveyor; Section 45(1)(h) the fees or charges to be paid in respect of any plan or document issued, or any act or matter required or permitted to be performed or...

Section 46. Saving concerning Act No.22 of 1951 Section All officers, offices, appointments, records, plans, approvals, licences, registers, registrations and generally all acts of authority which originated under the Survey Act, 1951 (Repealed), and were subsisting or in force immediately before the commencement of this Act shall enure for the purposes of this Act according to the tenor thereof as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated; and, for the purposes of any written law, any approval given by the Director in accordance with any provision of the Survey Act, 1951 (Repealed), shall be deemed to be an authentication made in accordance with the provisions of this Act.