Kenya Act or statute

Parliament of Kenya

Survey Act

Jurisdiction: Kenya
Structure: 47 provisions
Citation: Cap. 299
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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“This Act may be cited as the Survey Act.”

This Act may be cited as the Survey Act. States that the Interpretation Section is uniquely linked to the signatory. The Director may delegate in writing any of his powers, duties or functions to officers appointed under subsection (1), and may revoke or vary delegations; such delegations do not divest the Director of those powers and he may still exercise them. The Director's principal office is at Nairobi; the Director may establish other offices at places he determines from time to time. The Director must have and use an official seal bearing the Survey Department badge; the seal may be used only by the Director or by a person the Director authorizes in writing; an electronically processed document with a prescribed security feature is deemed to bear the seal's imprint.

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PRELIMINARY - 1. Short title

This Act may be cited as the Survey Act.

Section 1

THE LICENSING OF SURVEYORS AND DISCIPLINARY PROCEEDINGS AGAINST LICENSED SURVEYORS - 12. Exemptions

Section 12(2) lists three factual conditions (a-c) — the person "he" must satisfy the Board that he has field experience, carry out a trial survey to the Board's satisfaction, and satisfy the Board of his capability to conduct surveys under the Act and…

Section 12

OFFENCES - 38. Penalty for obstructing surveyors

Anyone who wilfully obstructs or hinders a surveyor or their assistant in performing duties or exercising powers under this Act is guilty of an offence and liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding two…

Section 38

SURVEY PLANS AND RECORDS - 32. Authentication of plans

A plan must be authenticated by the Director or a Government surveyor authorized by the Director (by signature or by affixing the Survey of Kenya seal) before land is deemed surveyed or resurveyed.

Section 32

REPEAL AND SAVINGS - 46. Saving concerning Act No.22 of 1951

Section 46

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Showing 47 of 47 provisions

Provision 32Offence 8Commencement 3Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Survey Act.

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

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

States that the Interpretation Section is uniquely linked to the signatory.

Section 2. Interpretation Section uniquely linked to the signatory;

Section 2Verify source

Part II

ADMINISTRATION

§ 3ADMINISTRATION - 3. Director of Surveys and other officersProvision

The Director may delegate in writing any of his powers, duties or functions to officers appointed under subsection (1), and may revoke or vary delegations; such delegations do not divest the Director of those powers and he may still exercise them.

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 3Verify source

§ 4ADMINISTRATION - 4. Survey Office and other officesProvision

The Director's principal office is at Nairobi; the Director may establish other offices at places he determines from time to time.

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 4Verify source

§ 5ADMINISTRATION - 5. Seal of Survey of KenyaProvision

The Director must have and use an official seal bearing the Survey Department badge; the seal may be used only by the Director or by a person the Director authorizes in writing; an electronically processed document with a prescribed security feature is deemed to bear the seal's imprint.

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 5Verify source

§ 6ADMINISTRATION - 6. Personal liability of DirectorProvision

The Director and officers appointed under subsection (1) of section 3 are not personally liable for acts or omissions done in good faith without negligence while performing or purportedly performing powers, duties or functions under this Act or its regulations.

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 6Verify source

Part III

THE LAND SURVEYORS’ BOARD

§ 7THE LAND SURVEYORS’ BOARD - 7. Establishment of BoardProvision

Section 7 establishes the Board's membership (including the Director as Chairperson and specified appointed and elected members), permits the Board to elect a deputy Chairperson, and requires the Board to regulate its own procedure subject to the Act and directions by the Cabinet Secretary.

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 general directions by the Cabinet Secretary, the Board shall regulate its own procedure. [Act No. 10 of 1969 , Sch., Act No. 4 of 1987 , s. 2.]

Section 7Verify source

§ 8THE LAND SURVEYORS’ BOARD - 8. Appointment of secretary and other officersProvision

The Board may appoint a secretary and examiners and other officers as needed, and those appointed shall hold office during the pleasure of the Board.

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 8Verify source

§ 9THE LAND SURVEYORS’ BOARD - 9. Duties of BoardProvision

The Board must conduct examinations of candidates for admission as licensed surveyors in accordance with the provisions of this Act.

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 9Verify source

Part IV

THE LICENSING OF SURVEYORS AND DISCIPLINARY PROCEEDINGS AGAINST LICENSED SURVEYORS

§ 10THE LICENSING OF SURVEYORS AND DISCIPLINARY PROCEEDINGS AGAINST LICENSED SURVEYORS - 10. Persons eligible to be licensedProvision

Qualified persons are entitled to be granted a licence by the Board upon payment of the prescribed fee and in the prescribed form.

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 10Verify source

§ 10ATHE LICENSING OF SURVEYORS AND DISCIPLINARY PROCEEDINGS AGAINST LICENSED SURVEYORS - 10A.[Repealed by ActNo. 9 of 2000, s. 82.]Repeal

Section 10A was repealed.

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

Section 10AVerify source

§ 11THE LICENSING OF SURVEYORS AND DISCIPLINARY PROCEEDINGS AGAINST LICENSED SURVEYORS - 11. Persons entitled to be examinedProvision

A person ('he') is entitled to be examined if he has practised land surveying for the period the Board requires and produces the prescribed statutory declaration or other evidence to satisfy the Board.

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 11Verify source

§ 12THE LICENSING OF SURVEYORS AND DISCIPLINARY PROCEEDINGS AGAINST LICENSED SURVEYORS - 12. ExemptionsCommencement

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; and Section 12(2)(c) he satisfies the Board that he is capable of conducting land surveys in accordance with the provisions of this Act and of any regulations made thereunder.

Section 12Verify source

§ 13THE LICENSING OF SURVEYORS AND DISCIPLINARY PROCEEDINGS AGAINST LICENSED SURVEYORS - 13. Application for examinationProvision

Candidates must apply in writing to the secretary of the Board at least one month before the examination, using the prescribed form and accompanied by the prescribed fee; the fee will be refunded if the candidate is not allowed to be examined.

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 13Verify source

§ 14THE LICENSING OF SURVEYORS AND DISCIPLINARY PROCEEDINGS AGAINST LICENSED SURVEYORS - 14. Examining candidate on oathProvision

The Board may require attendance of applicants for the surveyor examination and may examine them on oath or affirmation.

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 14Verify source

§ 15THE LICENSING OF SURVEYORS AND DISCIPLINARY PROCEEDINGS AGAINST LICENSED SURVEYORS - 15. Conditions precedent to the issue of a licenceProvision

He has attained the age of twenty-one years.

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

Section 15Verify source

§ 16THE LICENSING OF SURVEYORS AND DISCIPLINARY PROCEEDINGS AGAINST LICENSED SURVEYORS - 16. Register of licensed surveyorsProvision

The Board must keep a register of licensed surveyors containing names, addresses, qualifications, the licence date and any other prescribed particulars.

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 16Verify source

§ 17THE LICENSING OF SURVEYORS AND DISCIPLINARY PROCEEDINGS AGAINST LICENSED SURVEYORS - 17. Disciplinary powers of BoardOffence

The Board may cancel, suspend (up to three years), fine (up to 1,000 shillings) or reprimand a licensed surveyor; the Board may administer oaths and (subject to regulations) compel witnesses and documents; failure to attend or produce documents when summoned is an offence punishable by a fine not exceeding 200 shillings.

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 17Verify source

§ 18THE LICENSING OF SURVEYORS AND DISCIPLINARY PROCEEDINGS AGAINST LICENSED SURVEYORS - 18. Appeal to High CourtProvision

A person aggrieved by certain Board decisions may appeal to the High Court within one month; the High Court may give directions (including as to costs); no appeal lies from a High Court order under this section.

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 18Verify source

§ 19THE LICENSING OF SURVEYORS AND DISCIPLINARY PROCEEDINGS AGAINST LICENSED SURVEYORS - 19. Grant of new licence and termination of suspensionProvision

The Board may, on its own initiative or on application and after an inquiry, grant a new licence and restore the person's name to the register, or end a licence suspension, either without fee or on payment of a fee not exceeding the licence fee as determined by the Board.

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 19Verify source

§ 20THE LICENSING OF SURVEYORS AND DISCIPLINARY PROCEEDINGS AGAINST LICENSED SURVEYORS - 20. Notice of grant, cancellation, etc., of licence to be published inGazetteProvision

Notice of the grant, revocation, suspension, or termination of the suspension of any licence under this Part shall be published in the Gazette.

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 20Verify source

Part IX

OFFENCES

§ 36OFFENCES - 36. Unqualified persons forbidden to surveyOffence

Unqualified persons are prohibited from surveying land in ways that affect registration or boundary delimitation; contravention is an offence punishable by a fine up to three thousand shillings, imprisonment up to six months, or both.

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 36Verify source

§ 37OFFENCES - 37. Penalty for fraudulently procuring licence, falsely pretending to be licensed, and allowing unlicensed surveyor to practiseOffence

Describes the conduct of fraudulently procuring (or attempting to procure) a licence for oneself or another person to be granted a licence by the Board under the Act.

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 37Verify source

§ 38OFFENCES - 38. Penalty for obstructing surveyorsOffence

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 38Verify source

Part V

THE CONDUCT OF SURVEYS

§ 21THE CONDUCT OF SURVEYS - 21. Duties of licensed surveyors and non-liability of the GovernmentProvision

Licensed surveyors must perform surveys to comply with the Act and regulations and are responsible for correctness and completeness; the Director may relax accuracy standards for particular surveys by written notice; the Government and public officers are not liable for defective surveys performed by licensed surveyors.

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 21Verify source

§ 22THE CONDUCT OF SURVEYS - 22. Surveys of land to be conducted under the direction of DirectorProvision

Surveys of land for registration purposes must be carried out under and in accordance with the directions of the Director, except for first registration under the Land Consolidation Act or the Land Adjudication Act.

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 22Verify source

§ 23THE CONDUCT OF SURVEYS - 23. Powers of Director and of surveyors to enter upon landProvision

Section 23 grants the Director and surveyors power to enter land for survey purposes and requires that, when practicable, they give reasonable notice before entry and produce written evidence of authority on entry.

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 23Verify source

Part VI

THE PRESERVATION OF SURVEY MARKS

§ 24THE PRESERVATION OF SURVEY MARKS - 24. Boundary marks to be shown on planProvision

Trigonometrical stations, fundamental benchmarks and boundary beacons erected or placed to define boundaries must be shown on the plan attached to or referred to in documents affecting rights in land.

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 24Verify source

§ 25THE PRESERVATION OF SURVEY MARKS - 25. Sites of trigonometrical stations and fundamental benchmarksProvision

Trigonometrical stations and fundamental benchmarks are treated as including the land within twenty feet of their centre-mark or pillar, plus a right-of-way to and from it.

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 25Verify source

§ 26THE PRESERVATION OF SURVEY MARKS - 26. Blasting of rock within the site reserved for fundamental benchmark prohibitedOffence

No person may carry out rock-blasting within land reserved for a fundamental benchmark.

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 26Verify source

§ 27THE PRESERVATION OF SURVEY MARKS - 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 marksProvision

Grantees must check within sixty days that survey marks on their grant plan are in place; if they cannot find marks and deposit a sufficient sum, the Director must inquire and then either erect marks and refund the sum if marks are missing or forfeit the sum to the Consolidated Fund if marks are present.

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 cost of such inquiry, shall be forfeited and paid into the Consolidated Fund.

Section 27Verify source

§ 28THE PRESERVATION OF SURVEY MARKS - 28. Responsibility for protection of survey marksOffence

Owners and occupiers of land must protect survey marks; they must pay the Director to restore marks removed or damaged (unless another person is convicted under section 29); where a mark is common the restoration cost is divided equally and such cost is a civil debt recoverable summarily.

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 28Verify source

§ 29THE PRESERVATION OF SURVEY MARKS - 29. Penalty for tampering with survey marksOffence

Tampering with survey marks with intent to defraud is punishable by imprisonment for a term not exceeding three years.

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 29Verify source

Part VII

SURVEY PLANS AND RECORDS

§ 30SURVEY PLANS AND RECORDS - 30. All survey plans and records to be deposited with Director and to become property of GovernmentAmendment

Surveyors who carry out surveys must send all plans, field notes and computations to the Director (physically or electronically); those records must be deposited in the Survey Office and become Government property.

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 30Verify source

§ 31SURVEY PLANS AND RECORDS - 31. Correction of errorsProvision

The Director (or an authorized Government surveyor) may inspect survey work; the Director or an authorized surveyor may order a licensed surveyor to correct errors at the surveyor's expense within a specified time (but not by notice sent more than twelve months after the plan was sent under section 30); if the surveyor refuses the Director may correct and recover costs; if the surveyor then fails to pay within fourteen days the Director may report to the Board, which may order payment and may suspend the licence (up to three years) if the order is not complied with within one month.

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 Director may report the facts to the Board for disciplinary action, and after due inquiry the Board may order such licensed surveyor to pay the cost of correction to the Director; and if such licensed surveyor refuses or neglects to comply with such order within one month after the date of the order the Board may, subject to section 18 , suspend the licence of the licensed surveyor until the cost of correction has been paid, or for a period not exceeding three years, whichever he thinks fit.

Section 31Verify source

§ 32SURVEY PLANS AND RECORDS - 32. Authentication of plansProvision

A plan must be authenticated by the Director or a Government surveyor authorized by the Director (by signature or by affixing the Survey of Kenya seal) before land is deemed surveyed or resurveyed.

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 32Verify source

§ 33SURVEY PLANS AND RECORDS - 33. Director may cancel authentication of planProvision

The Director may cancel the authentication of a plan.

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 Registration of Documents Act, the Principal Registrar of Documents ( Cap. 285 ).

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Part VIII

THE STANDING COMMITTEE ON GEOGRAPHICAL NAMES

§ 34THE STANDING COMMITTEE ON GEOGRAPHICAL NAMES - 34. Standing Committee on Geographical NamesProvision

Section 34 establishes the Standing Committee on Geographical Names: the Director is Chairperson, ten other members are appointed by the Cabinet Secretary for such period as he may direct, and the Chairperson shall appoint a public officer to be secretary of the Committee.

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.

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§ 35THE STANDING COMMITTEE ON GEOGRAPHICAL NAMES - 35. Duties of CommitteeProvision

The Committee must advise the Cabinet Secretary on the spelling of all names on maps of Kenya and must have due regard to historical, orthographical and ethnic considerations.

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 35Verify source

Part X

MISCELLANEOUS PROVISIONS

§ 39MISCELLANEOUS PROVISIONS - 39. Authenticated plans to be sufficient compliance with law requiring notices of boundaries, etc.Provision

A notice that specifies or identifies land or area may be sufficient if it refers to an authenticated plan of the land or area deposited in the Survey Office in accordance with section 41.

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 39Verify source

§ 40MISCELLANEOUS PROVISIONS - 40. Distribution of photographic or lithographic copies of plan authenticatedProvision

The authority issuing a notice that refers to a plan authenticated and deposited in the Survey Office may require photographic or lithographic copies of the plan to be made and distributed to specified officials.

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 40Verify source

§ 41MISCELLANEOUS PROVISIONS - 41. Provisions regarding authenticated plansProvision

Authenticated and identified plans must be deposited in the Survey Office.

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.

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§ 42MISCELLANEOUS PROVISIONS - 42. Aerial surveysOffence

Persons intending to do aerial photography for mapping must give the Director written notice at least one month beforehand, must produce photographs for the Director's inspection, and must supply copies at the Director's cost; failure is an offence punishable by a fine not exceeding two thousand shillings.

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.

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§ 43MISCELLANEOUS PROVISIONS - 43. Proof of plansCommencement

Plans authenticated under this Act that appear signed by the Director, a Government surveyor authorised by the Director, or sealed with the Survey of Kenya seal are presumed to have been so signed or sealed until the contrary is proved.

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).

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§ 44MISCELLANEOUS PROVISIONS - 44. Inspection of plansProvision

Any person may inspect any boundary plan in the possession of the Survey Department at times the Director notifies.

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 44Verify source

§ 45MISCELLANEOUS PROVISIONS - 45. RegulationsProvision

Section 45 lists specific subjects for regulations and grants the Director a power, after consulting the Board, to require calculations to be submitted in a manner he directs.

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 dealt with, in the Survey Office; Section 45(1)(i) the circumstances in which any person may inspect any unpublished plan in the possession of the Survey Department; Section 45(1)(j) the manner of keeping the register of licensed surveyors and prescribing the particulars which shall be recorded therein; Section 45(1)(k) the evidence which shall be produced and the conditions which shall be fulfilled by any person applying for a licence under this Act; Section 45(1)(l) the method of examination of persons desirous of qualifying for a licence, and the syllabus of subjects therefor; the fees payable for examination; and the nature and period of previous service or training required; Section 45(1)(m) what certificates of examination, diplomas, degrees, licences or titles, other than those prescribed by this Act, shall be recognized by the Board for the purpose of exempting a person from passing the whole or any part of any examination of the Board; Section 45(1)(n) the procedure for granting licences under this Act; Section 45(1)(o) the procedure which shall be followed by the Board in hearing and determining any dispute between a licensed surveyor and his client as to the fees charged by the licensed surveyor; Section 45(1)(oa) the procedure which shall be followed by the Board in hearing and determining any dispute between the Director and a licensed surveyor as to the application of any regulation in which provision is made for reference to the Board; Section 45(1)(p) the procedure which shall be followed by the Board in any inquiry held under section 17 or section 19 ; Section 45(1)(pa) the fees or charges to be paid in respect of the hearing of any dispute by the Board; Section 45(1)(q) the manner in which the attendance of witnesses and the production of books and documents at such an inquiry shall be obtained and enforced; Section 45(1)(r) matters relating to the direction and guidance of licensed surveyors; Section 45(1)(s) a power for the Director, after consultation with the Board, to require calculations to be submitted in such manner as he may direct; Section 45(1)(t) the fees to be charged by a licensed surveyor in respect of work done; Section 45(1)(u) anything which under this Act may be prescribed, Section 45(2) Regulations prescribing any of the matters specified in paragraphs (j) to (t) (inclusive) of subsection (1) shall be made only after consultation with the Board. [Act No. 10 of 1969 , Sch.]

Section 45Verify source

Part XI

REPEAL AND SAVINGS

§ 46REPEAL AND SAVINGS - 46. Saving concerning Act No.22 of 1951Commencement

Existing officers, offices, appointments, records, plans, approvals, licences, registers, registrations and acts of authority that originated under the Survey Act, 1951 and were in force immediately before this Act continue to have effect under this Act as if they had originated under corresponding provisions of this Act; approvals by the Director under the Survey Act, 1951 are treated as authentications under this Act.

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.

Section 46Verify source

Legislative relationships

7 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

Chairperson. Section 7(3) Subject to this Act
Section 7
Director (in this Act
Section 4

G–M

3 instruments

Government Licensed surveyors must perform surveys to comply with the Act
Section 21
Government Section 30(1) Every surveyor who executes any survey in accordance with the provisions of this Act
Section 30
Land Consolidation Act
Section 22

N–S

1 instrument

Surveys and such other officers as may be deemed to be necessary for the purposes of this Act
Section 3

T–Z

1 instrument

Titles Act
Section 33

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