Land Registration Act

This Act may be cited as the Land Registration Act.

Defines 'Section' as uniquely linked to the signatory.

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

The Act does not prohibit or affect existing registration systems for mining, petroleum, geo-thermal energy or other rights over land and land-based resources in respect of public land.

Other written laws, practices or procedures relating to land must not apply to land registered (or deemed registered) under this Act to the extent they are inconsistent with this Act, except where this Act provides otherwise.

The Registrar must make information in the register accessible to the public by electronic means or other means as the Chief Land Registrar may reasonably prescribe, subject to the Constitution and other laws on access to information.

Each registry must have an official seal; instruments bearing that seal are admissible in evidence and are presumed to have been issued under the Registrar's direction unless shown otherwise.

The Public Service Commission must appoint specified Land Registrars and other necessary public officers, and must competitively recruit and vet any officer appointed under this Act.

Sets out the qualifications and disqualifications for appointment as Registrar.

Sets minimum qualifications for appointment to Deputy Chief Land Registrar (10 years' standing as Advocate or specified professions), County Land Registrar (5 years' standing or specified experience/professions), and Land Registrar (Advocate, land surveyor, land economist or other expert); requires the Registrar to take an oath; redeploys incumbents who do not meet qualifications upon commencement.

Section 14 gives the Registrar powers to require production of documents and information from any person, to refuse registration when required materials or acts are withheld, to administer oaths, to order payment of investigation costs, and sets out duties of the Registrar (including issuing practice instructions, standards, supervision, reporting, appeals, approving instrument formats and other functions). It also defines roles for the Deputy Chief Land Registrar and County Land Registrars and exempts the Registrar from personal liability for lawful acts done in good faith.

The office or authority responsible for the survey of land must prepare and maintain a cadastral map (or series) for every registration unit.

The office or authority responsible for the survey of land may rectify boundaries shown on the cadastral map and may prepare new editions of the cadastral map, omitting matters considered obsolete.

The office responsible for land surveying must submit copies of public-land cadastral maps to the Commission, which is to hold them; the Registrar may keep approved cadastral records in the registry.

The court must not hear boundary disputes for registered land unless the boundaries have been determined under this section; the Registrar may receive evidence about a parcel's boundaries and situation in proceedings concerning the parcel.

The Registrar must notify adjoining owners and occupiers before ascertaining and fixing parcel boundaries, and after hearing registered persons must survey, file a plan and note the register so the plan defines the parcel boundaries.

Proprietors of land must keep boundary markers and related features in good order; the Registrar may order demarcation and assign maintenance responsibility; failure to comply or to maintain when ordered is an offence punishable by a fine not exceeding two hundred thousand shillings.

Anyone must not deface, remove, injure or otherwise impair a boundary feature; doing so is an offence punishable by up to two years' imprisonment or a fine up to two hundred thousand shillings, and convicted persons must pay the cost of restoration.

The Registrar may combine contiguous parcels owned by the same proprietor on application and subject to authentication of the cadastral map; the Registrar must divide a parcel into new parcels on application and authenticated cadastral map; nothing under this section may be inconsistent with this Act or any other written law.

If the Registrar deems a proposed reparcellation involves substantial ownership changes, the Registrar shall direct the proprietors; upon reparcellation new parcels vest in the registered persons.

Registration of a person as proprietor of land vests in that person the absolute ownership of the land and its associated rights and privileges.

A proprietor is entitled to the leases, charges and other encumbrances and conditions shown in the register, and to liabilities, rights and interests affecting the same as declared by section 28 (unless the register expresses the contrary).

A certificate of title is conclusive evidence of proprietorship; a certified copy signed and sealed by the Registrar is received in evidence like the original.

When registered, a transfer made without valuable consideration has the same effect as a transfer for valuable consideration.

Section 28 was deleted by Act No. 28 of 2016, s. 11(a).

Actual notice

The Registrar may issue a certificate of title or lease on request by a registered proprietor or where no certificate exists, in the prescribed form showing subsisting register entries.

If a certificate of title or lease has been issued, it must be produced on registration of any dealing with the land or lease unless it is filed in the registry or the Registrar dispenses with its production; where the certificate shows all subsisting entries a note of the registration shall be made on it.

When a disposition of a lease or charge is registered, the Registrar must note particulars of the disposition on the lease or charge and on the duplicate.

If a certificate of title or lease is lost or destroyed, the proprietor may apply for a replacement and must produce evidence; the Registrar must require statutory declarations, may issue a replacement after notice and a 60‑day waiting period, and has powers to reconstruct lost registers after giving 60 days' notice.

A person requesting an official search for any parcel is entitled to receive register particulars, certified copies, and the cadastral map or plan upon payment of the prescribed fee.

Documents signed by the Registrar are presumed genuine; certified copies/extracts by the Registrar are prima facie evidence; register entries are conclusive evidence; court process to compel production of registers or plans requires leave and will not be granted if a certified copy will suffice, and any such process must state it is issued with the court's leave.

The Cabinet Secretary, consulting the Commission and county governments, must by order in the Gazette constitute land registration units and may vary their limits; orders must be published in the Gazette and two nationwide daily newspapers; the land survey authority may alter sections or blocks and must inform the Registrar; county governments are entitled to access documents in registration units for administration and land management.

Section 7 establishes the land registry components; the Cabinet Secretary sets forms and geo-referencing dates; the Registrar must, upon payment of the prescribed fee, make registry information accessible to any person; and the Registrar may open new register editions and cancel entries that have ceased to have effect.

Section 8 requires certain entries for a Community Land Register and directs the Registrar to issue prescribed certificates; it also prohibits the Registrar from registering instruments disposing of community land except as provided by law, and excludes unregistered community land held in trust by county governments under Article 63(3).

The Registrar may determine any other particulars to be maintained in the register; the section lists types of documents and particulars to be kept (publications, electronic files, integrated land resource register; proprietor and corporate details; parcel details; passport/contact details).

Rules on dispositions and dealings affecting land: registration formalities control the effect of leases, charges and interests; unregistered instruments may still operate as contracts; late registration attracts additional fees; priorities depend on order of presentation; suspension period of 14 days on official search; instruments posted are deemed presented at office closing/opening times; Registrar rejects registrations when presentation priority is doubtful; instruments presented within suspension get priority; unregistered instruments on commencement must be registered within three months.

A proprietor may transfer land, a lease or a charge to any person, with or without consideration, by a prescribed instrument or another form approved by the Registrar.

Section 38 has been deleted.

Section 39 has been deleted (deleted by Act No. 1 of 2020, s. 23).

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

Transfers of land must not include conditions that absolutely restrain the transferee (or any other person) from disposing of the transferred interest, or that determine the transferee's interest by the happening or non-happening of a future event; except as otherwise provided in the Act, transfers shall not direct how the land is to be used or enjoyed; this section does not apply to Wakfs.

A proprietor must first subdivide the land and register each new subdivision before any part of the registered land may be transferred.

Instruments effecting dispositions of land must be in the prescribed form; such instruments do not operate to affect land interests until registered, except where a disposition is exempt from registration; the section does not affect contracts for dispositions.

Every instrument effecting a disposition under this Act must be executed by each of the parties consenting to it; execution by a person consists of appending a signature or affixing a thumbprint or other mark.

Persons executing an instrument must appear before a Registrar (or prescribed officer) and typically be accompanied by a credible witness unless known to the Registrar; the Registrar must identify the person, confirm voluntary execution, and certify it; the Registrar may dispense with appearance in specified circumstances.

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

A person under eighteen may have their name entered in the register so the minor's interest can be held in trust; registration does not let that person deal with land, and the Registrar must enter a restriction if they know a child has been registered; a disposal by an undisclosed minor that has been registered cannot be set aside solely for minority.

The Registrar must not accept an instrument executed by an agent unless that agent was authorized by a power of attorney executed and verified in accordance with section 45; a guardian or a person appointed under law may act on behalf of someone under legal incapacity for purposes of this Act.

Gift to person under incapacity

The court may order that prejudicially disposed interests in private land, or their value, be restored for the benefit of unsecured creditors; the order must not increase or prejudice the value of any security held by a creditor over the debtor's interest in land.

Section 51 identifies when a disposition of private land is prejudicial to a creditor (if the disposer cannot pay debts without recourse to the land, or the disposition hinders a creditor’s right of recourse), and provides an exception for dispositions intended to prefer one creditor over another.

Certain persons (creditors, public officers, national or county governments or public entities responsible for collecting money) may apply to court for an order to set aside a disposition that prejudices creditors; the court must specify compensation and may order remedies including re-assignment of land or holding restored land as trustee for creditors.

A person who acquires or receives land in good faith without knowledge that it was subject to a disposition covered by this part (including acquisitions through someone in that position) is protected; 'knowledge' includes actual, constructive and imputed knowledge.

Section 54 sets rules for registration of leases: where a lease contains an agreement that the lessee shall not transfer, sub-let, charge or part with possession without the lessor's written consent that agreement must be noted in the register, and the Registrar must be produced with the lessor's consent before any dealing is registered; the Registrar may, in specified circumstances, dispense with the lessor's consent and must record reasons; the Registrar must register long-term leases and issue certificates of lease for certain properties that are geo-referenced and approved; and the Cabinet Secretary may prescribe regulations for registration of long-term leases.

Where the consent of the lessor has been produced to, and authenticated to the satisfaction of the Registrar, the Registrar shall not register any instrument purporting to transfer or create any interest in that land.

Sets out what co-tenancy means; presumes tenants in common in equal shares when a transfer instrument is silent; specifies rights, transfer restrictions and procedures for joint tenants and tenants in common; allows the Registrar to dispense with required written consent in certain circumstances and permits aggrieved persons to apply to Court.

Each co-tenant is entitled to receive a copy of the certificate of title; the Registrar must, on application in the prescribed form, issue such a copy with an endorsement and must note the issue and date in the register; a designated co-tenant shall be provided the original title.

If a spouse acquires an interest in land during the marriage for co-ownership and use by the spouses, that property is deemed matrimonial property and is to be dealt with under the Matrimonial Property Act (Cap. 152).

Tenants in common may apply to the Registrar for partition (with consent of all) and certain tenants or persons may apply without consent; the Registrar must effect partition in accordance with an agreement and may impose conditions including compensation; aggrieved co-tenants may seek Court review.

Registrar has ancillary powers in partition: may add or distribute a tenant's share, must consider proportions just and reasonable in default of agreement, may secure payable sums by charge, and can cause values to be assessed and ordered paid to affected tenants.

Section 96 directs the court to order valuation and sale (or other disposition) of co-owned land and gives tenants in common the right to purchase offered shares.

A partition of land or lease held by tenants in common that is subject to a charge must not be registered by the Registrar unless the lender’s written consent is produced to the Registrar.

Proprietors may create charges on land by prescribed instrument; the chargor must sign an acknowledgement; the Registrar must not register a charge unless a land rent clearance certificate and consent are presented or the land is freehold; parties may include provisions for applying sale proceeds to meet periodic payments.

A proprietor whose land or lease is subject to a charge may create a second or subsequent charge in the same manner as the first; sales under such charges must be subject to prior charges unless those charges have been discharged; consent of the first chargee must be obtained before creating a subsequent charge.

This Part does not override any Act that allows registration of a notification or note for a sum of money owed to a public body.

Borrowers must not transfer, assign or lease the charged land without the lender's consent; the Registrar must not register such transfers/assignments/leases/subleases until the lender's written consent is produced to the Registrar.

If a joint tenant dies, the Registrar must delete the deceased tenant's name from the register upon proof of death by registering the death certificate.

A deceased proprietor's personal representative is entitled to be registered by transmission as proprietor in place of the deceased if they apply to the Registrar in the prescribed form and produce the grant.

When a proprietor dies, the personal representative or person beneficially entitled must hold the land, lease or charge subject to the deceased’s unregistered but enforceable liabilities, rights and interests; for dealings, that person is treated as if registered as proprietor with the rights given to a proprietor who acquired for valuable consideration.

When a certified court order showing a proprietor is bankrupt (or that a deceased proprietor's estate is to be administered under section 375 of the Insolvency Act) is produced, the Registrar must register the relevant trustee as proprietor of the land, lease or charge held by that proprietor.

Requires the Registrar and liquidator to take specific registration steps when a liquidator is appointed, including producing resolutions/orders, entering appointments for registered land/leases/charges, sealing/attesting/signing instruments presented after appointment, and presenting vesting orders.

The Registrar must, on application supported by instruments of transfer or other evidence the Registrar may require, register the person entitled as the proprietor.

The Registrar must not enter trust particulars in the register; a person acquiring land in a fiduciary capacity may be described and registered "as trustee"; proprietors who are trustees hold subject to unregistered trust liabilities and for registered dealings are deemed absolute proprietors; persons dealing with registered land are not deemed to have notice of the trust.

When two or more proprietors are registered jointly as trustees and the surviving trustee cannot exercise the vested powers alone, the Registrar must enter a restriction.

The court may make an inhibition order preventing registration of dealings in land, leases or charges; the court must send a sealed copy to the Registrar, who must register it; the inhibition does not bind until registered.

While an inhibition is registered, any instrument that is inconsistent with the inhibition must not be registered.

Section 70. Cancellation of inhibition

Section 71 allows cautions to be lodged to claim certain rights in registered land and says a caution must be in prescribed form; the Registrar may require a statutory declaration to support a caution and may reject unnecessary cautions.

The Registrar must give written notice of a caution to the proprietor whose land, lease or charge is affected.

Specifies who may withdraw or remove a caution, the Registrar's notice and removal powers, the requirement for a cautioner to object in writing within the notice period, the Registrar's power to hear parties and make orders (including costs), and mandatory removal of cautions after 30 days following a chargee's registered transfer.

The Registrar may refuse to accept a further caution in relation to the same matter as a previous caution.

Section 75. Wrongful cautions

The Registrar may, after inquiries and hearings and for specified purposes, make an order (a restriction) prohibiting or restricting dealings with particular land, lease or charge; and the Registrar must make a restriction if it appears the proprietor's power to deal is restricted.

The Registrar must give written notice of a restriction to the affected proprietor; instruments inconsistent with a restriction must not be registered while the restriction remains, except by order of the court or the Registrar.

The Registrar may, on application by any interested person or on the Registrar’s own motion, and after giving affected parties a chance to be heard, order the removal or variation of a restriction; the court may also, on application by an affected proprietor and notice to the Registrar, order removal, variation or other fitting orders and may award costs.

The Registrar may rectify the register in specified cases (formal matters, errors not materially affecting proprietors, with consent, after resurvey if dimensions are incorrect, for updating, or to correct proprietor particulars on written application); the Registrar must give notice to interested persons when a resurvey shows an incorrect dimension or area; the Registrar shall record name or address changes on written application; aggrieved persons may apply to Court; investigation process, hearings and decision criteria are specified.

The court may order that the register be rectified by cancelling or amending any registration if it is satisfied the registration was obtained, made or omitted by fraud or mistake.

Persons are entitled to indemnity for rectification of the register or for errors in certified copies or extracts, but no indemnity is payable to any person who caused or substantially contributed to the damage by fraud or negligence or who derives title except under a bona fide registered disposition for valuable consideration.

If the register is not rectified, the amount of indemnity is the value of the interest at the time when the mistake or omission which caused the damage was made.

The Court may determine and award indemnity on application; persons claiming indemnity must apply to the Chief Land Registrar in the prescribed manner; aggrieved persons may appeal the Registrar's decision to the Court in the prescribed manner.

If indemnity funds are paid under this Part, the Cabinet Secretary is entitled to recover the amount paid from anyone who caused or substantially contributed to the loss by fraud or negligence, and may enforce any agreement or right the indemnified person could have enforced.

Claims to indemnity based on survey surplus or deficiency are barred between the national or county government and a proprietor, and between a proprietor and the person from whom the proprietor acquired the land after six months from registration of the acquiring instrument.

If a question arises about the Registrar's exercise of power or duties, the Registrar or an aggrieved person must state a case to the Court; the Court must give its opinion and that opinion is binding on the parties. The Rules Committee must make procedural rules for subsection (1).

The phrase “opportunity of being heard” includes three situations: (a) attending before the Registrar personally or by an advocate/agent and being given an opportunity to be heard; (b) intimating (personally or by advocate/agent) that the person does not wish to be heard; or (c) having been served with a written notice specifying the matter and appointing a day and time at least seven days after service when the person may attend and be heard.

The Registrar may refuse registration until fees are paid; the Registrar must not register dispositions against which unpaid fees are recorded until those fees are paid and must refuse to register or issue certificates if fees under the Land Adjudication Act or Land Consolidation Act are not recorded as paid in full.

Unpaid fees or expenses incurred by the Registrar are a civil debt recoverable summarily.

An order by the Registrar for payment of a sum of money made under powers in this Act is treated as a High Court decree and is enforceable as such.

Lessees of dominant land and lenders in possession may be entitled to the benefit of easements or analogous rights; persons so entitled may bring proceedings in their own name to enforce them.

Owners of land or lessors may grant easements by instrument in prescribed form; co-owners who sever property have implied cross-easements and their successors are entitled to benefit subject to burdens.

A person occupying the dominant land may cancel an easement or analogous right, subject to subsection (3); cancellations must be in the prescribed form and are extinguished when recorded, and lessees or lenders entitled to the easement must consent in the prescribed form.

The Environment and Land Court and its subordinate courts have jurisdiction to hear and determine land disputes under this Act.

The Cabinet Secretary may set fee rates for matters under this Act and must keep them under continuous review; fees are to be a percentage of the value of the land; the Registrar must refuse to register entries if fees have not been paid unless satisfied in writing that the fee was waived; unpaid fees and recovery expenses are a civil debt recoverable summarily.

Unlawful occupation of land is an offence punishable by a fine not exceeding five hundred thousand shillings, and for a continuing offence an additional fine not exceeding one hundred shillings for every day during which the offence continues.

When the Registrar receives an adjudication register from the Director of Land Adjudication, the Registrar must forward it to the Deputy Registrar or Registrar in charge, who must prepare registers for owners and register persons entitled to non-ownership interests, subject to any restrictions or encumbrances.

Existing grants, certificates of title, folios and registers maintained under repealed Acts are deemed to be certificates, folios or registers under this Act; public land must be registered in the name of the county or national government in trust for residents and the Commission’s registration vests in it all rights, powers and liabilities under any existing grants or leases.

Transitional rules preserving existing rights, liabilities and remedies over land and allowing certain processes (like service of notices and discharge of memoranda) to continue under specified forms.

Rights, interests, titles, powers or obligations existing before this Act continue to be governed by the law applicable immediately before commencement, unless the Act specifically provides otherwise.

Existing rules and administrative acts made before this Act continue in force until the Cabinet Secretary makes the regulations under section 110, and must be construed as necessary to conform with this Act.

The written laws listed in the Schedule are repealed.

When making regulations, rules or prescribing matters under this Act, the Cabinet Secretary must take into account the advice of the Commission; such regulations or rules are to be tabled before Parliament for approval.