Pdf kenya is the most recent african state to acknowledge customary tenure as. The land register referred to under section 7 of the act shall contain a the property section. Published by the national council for law reporting with the authority of. Aug 24, 2012 it is in response to this legislative obligation, that parliament enacted new land regime in 2012, namely. Amended by the land amendment act 2001, the land amendment act 2004, the land amendment act 2010 arrangement of sections. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. The land registration act, 2012 7 the land registration act, 2012 anactofpar liam en to rvi s,cono dat an rationalize the registration of titles to land, to give effect to the principles and objects of devolved government in land registration, and for connected purposes enactedby thep ar lim entofknya, sfoow part i preliminary short title. These legal regime replaced the past regimes which included amongst other laws. The issue of land, its ownership, use and management is a highly emotive one in kenya and was one of the key issues that drove the need for a new constitution. Land registration act subsidiary legislation index to subsidiary legislation omitted orders orders the moshi land registry declaration order. A judge a magistrate a justice of the peace a notary public. Form lra 8 notice of revocation of a power of attorney.
To begin with, land tenure is the act, right or period of holding land. In our opinion the new land laws are a start to bringing about change, consistency and consolidation of land laws in kenya. Freehold the greatest interest a person can have as it gives the holder an absolute ownership of the land for life. The land act 2012, the land registration act 2012 and the national land commission act 2012.
Land registration is governed by the land transfer act 1952. Land registration act, 2012, the cabinet secretary for lands and. The land surveyors board is established under the survey act cap. Part ii organization and administration division 1 land registries and officers 5 registration districts. Form lra 23 application by an interested person to ascertain and fix. There are changes that may be brought into force at a future date. An act of parliament to make provision in relation to surveys and geographical names and the licensing of land surveyors, and for connected purposes act no. As of 19691970, farms in kenya were still clearly split into two categories large farms those in the former white highlands and small farms those in the former african. Land control in kenya journal of african law cambridge core. China italy kenya pakistan puerto rico russia south korea united kingdom. Legal notice no 278 land registration general regulations. Subject to section 4, this act shall apply to a registration of interests in all public land as declared by article 62 of the constitution. The land title registration was introduced in ghana by the promulgation of the land title registration law 1986 pndcl. Form lra 2 the land register absolute titles form lra 3 the land register leasehold form lra 4 register of powers of attorney.
Land laws amendment bill, 2015 kenya land alliance. Land registration electronic land transaction regulations,2019. Regulating the surveying profession in kenya opening hours mon to fri 8. The historical development of land law in kenya the kenyan. Registered land act cap 300, laws of kenya repealed registration of titles act cap 281, laws of kenya. Land registration act 2002 is up to date with all changes known to be in force on or before.
The land laws amendment act, 2016 was assented to by the president on 31 august, 2016 and came into effect on 21 september, 2016. This law gives effect to the principles and objects of devolved government as provided for under chapter 11 of the kenyan constitution. Although the arrival of the coronavirus in kenya was inevitable and had been foretold since the beginning of the year, it is fair to say that when it finally hit the country in midmarch employers and employees alike were illprepared for its full impact. Nov 30, 2018 the act brought about amendments to the land act 2012, land registration act 2012 and the national land commission act 2012. The purpose of this act is to a provide certainty in ownership of interests in land. An act of parliament to revise, consolidate and rationalize the registration of titles to land, to give effect to the principles and objects of devolved government in land registration, and for connected purposes act no. Dec 25, 2017 the registration under the 1959 land registration ordinance was converted into registered land act rla registrations. Publication and news dla piper africa in kenya ikm. The idea of strata titles legislation was suggested in the early 1960s during the drafting of the registered land act but the. This act may be cited as the land registration act, 2012. Leasehold is the interest in land for a specific period subject to payment of a fee or. The amendments were necessary to correct errors and inconsistencies in the statutes and to clarify certain definitions, as well as to introduce some pertinent changes to land law and conveyancing in kenya. Revised legislation carried on this site may not be fully up to date.
Short title this act may be cited as the land act, 2012. Interpretation in these rules, unless the context otherwise requires act means the land registration act. Land registration act, 2012 this provides for revising, consolidating, and rationalizing of the law that governs the registration of land title, regulation of registered land dealings, and offer effect to the objects and. Registration of properties in strata in kenya gdmc. Form lra 19 application for issue of a certificate of title lease. Before the enactment of the land registration act 2012 lra, the registration of title to land in kenya was characterized by multiple statutes, namely, the government lands act gla, 1 land titles act lta, 2 registration of titles act rta 3 and registered land act rla. Although the arrival of the coronavirus in kenya was inevitable. Land registration generally describes systems by which matters concerning ownership.
Oct 12, 2016 the land laws amendment act, 2016 was assented to by the president on 31 august, 2016 and came into effect on 21 september, 2016. The paper covers how land law in kenya has developed ab intra. Legal notice no 278 land registration general regulations, 2017. The applicant noted above hereby give notice that the power of attorney filed in the register of. The president of kenya, through a public address on 25th march 2020 announced several income tax and value added tax vat interventions that are aimed at cushioning kenyans from the crippling effects of the covid19 pandemic. This act may be cited as the registered land act and shall apply to any area declared by the minister under section 4 to be a compulsory registration area. These rules may be cited as the land registration rules. The land registration act 2012 and the national land commission act 2012. It is intended that this system of registration should eventually apply to the whole of kenya and replace the variety of registration systems that currently operate outside the former native lands.
Land control in kenya journal of african law cambridge. Following lengthy deliberations and a comprehensive public participation process, a new constitution the constitution was promulgated on 27 august 2010. It is to provide a machinery for the registration of title to land and interests in land. The act brought about amendments to the land act 2012, land registration act 2012 and the national land commission act 2012. May 31, 2012 the issue of land, its ownership, use and management is a highly emotive one in kenya and was one of the key issues that drove the need for a new constitution. Countryterritory kenya document type legislation date 1963 2006 source fao, faolex long title an act of parliament to make further and better provision for the registration of title to land, and for the regulation of dealings in land so registered, and for purposes connected therewith. Pdf the community land act in kenya opportunities and. Titles act, cap 282 of 1908, and the government lands. In this act, unless the context otherwise requiresapplication book means the application book kept under section 5 d. This act repealed and replaced the registration provisions of the land registration special areas ordinance. The following is a brief outline of the key changes introduced by the land laws amendment act, 2016 no.
Registration units 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. Both methods ran in parallel until 1924 when registration under the land transfer act torrens system became compulsory and a project to issue titles for all property was instituted. Form lra 18 notice for reconstruction of lost or destroyed land register. Form lra 23 application by an interested person to ascertain.
Changes and effects are recorded by our editorial team in lists which can. Land act, 2012 land registration act, 2012 national land commission act, 2012 the repealed acts. The act recognises customary land rights including the customary right of occupancy and provides for their adjudication and documentation. Chapter 300 the registered land act arrangement of sections section part i preliminary 1 short title. The act also requires the maintenance for each registration unit, a community land register in accordance with section 8 of the land registration act, 2012. An act to provide for the tenure, ownership and management of land. The deeds system was introduced in 1841 and the torrens system in 1870.
The constitution sets out principles governing land and also requires all laws. Laws of kenya land registration act chapter 300 revised edition 2012 published by the national council for law reporting with the authority of the attorneygeneral. Form lra 22 refusal to register an application for registration. Jul 15, 20 evaluation of the process of land registration according to registration of titles act rta system in kenya article pdf available july 20 with 468 reads how we measure reads. Doc the evolution of land law in kenya valentine wakoko. The land titles act,the registration of titles act, the registration of land act, the government land act and the. Rules the land registration rules the land registration appeals rules. Community land registration unit means at area declared as such under section 10 of the land registration act. Title registration has two fold purpose, first to give certainty and facilitate. These regulations of the cabinet secretary implement provisions of the land registration act in respect of the organization and administration of land registries, the procedures for the registration of land, and related matters.
Division of kenya into registration districts under section 4. The land act an act to provide for the basic law in relation to land other than the village land, the management of land, settlement of disputes and related matters. Short title this act may be cited as the land registration act. Pdf kenya has a diverse system of registration that has a very long process of. A key achievement is the enactment of the national land commission act which provides a framework for the commission to become operational and is one of the very positive highlights of the new laws. In this act, unless the context otherwise requires. An act of parliament to give effect to article 68 of the constitution, to revise, consolidate and rationalize land laws. Land registration act 2002 is up to date with all changes known to be in force on or before 14 february 2020. Sep 12, 2017 in our opinion the new land laws are a start to bringing about change, consistency and consolidation of land laws in kenya. This act may be cited as the community land act, 2016. Land act, 2012 this act consolidates several land laws into a particular substantive law that governs land in kenya.
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