Land Act

This Act may be cited as the Land Act.

Section 2 is titled "Interpretation" and contains the word "roads".

Applies to public land under Article 62 of the Constitution.

Section 4 lists guiding values and principles such as equitable access to land, security of land rights, sustainable management of land resources, transparent administration, conservation of sensitive areas, elimination of gender discrimination in land matters, encouragement of local dispute settlement, participation and accountability, technical and financial sustainability, equal opportunities, non-discrimination, democracy and alternative dispute resolution mechanisms.

Lists recognised forms of tenure (freehold, leasehold, partial interests including easements, and customary land rights consistent with the Constitution); requires equal recognition of land rights across tenure systems; and provides that a registered proprietor shall not be obliged to surrender a freehold for leasehold to obtain planning permission, subject to the Constitution.

The Cabinet Secretary has the power to develop policies on land when recommended by the Commission.

Section 7: Methods of acquisition of title to land.

The Commission must prescribe guidelines for the management of public land by public agencies, statutory bodies and state corporations occupying or using public land.

The Commission must maintain public land with endangered or endemic species, identify and demarcate ecologically sensitive areas within public lands and take actions to prevent environmental degradation and climate change, and (notwithstanding subsection (2)) consult existing conservation institutions.

The Commission handles allocation of public land and must set aside land for investment on request, ensure investments benefit local communities, make regulations on allocation, and may allocate land to foreign governments subject to consultation and law.

No transaction in controlled land shall be dealt with without the prior written approval of the Cabinet Secretary.

Lessees who are Kenyan citizens and whose land is not required for public purposes have a pre-emptive right to allocation upon application; the Commission must provide written reasons when a lease is not granted after such an application and must consider specified factors when deciding on extensions or re-allocation.

The Commission must notify the public and interested parties at least thirty days before offering public land for allocation; it must also send notice at least thirty days before allocation to the county governor and specified local administrative heads.

When this Act comes into force, the Commission must undertake an inventory of all land-based natural resources.

Section 16 places care, control and management of reserved public land with a statutory body, public corporation or public agency, allows the Commission to specify conditions and to vary those conditions by Gazette order, requires the Commission to notify affected third parties before varying conditions, prohibits lessees/sub-lessees from restricting public access to recreation reserves unless the management order or lease allows it, and prevents a management body from acting if another enactment bars it or authorises someone else.

A management body must submit to the Commission for approval a development, management and use plan for reserved public land (on its own motion or at the Commission's request); if the Commission approves and notifies, the management body may then develop, manage and use the land in accordance with the approved plan.

The Commission may revoke a management order by order in the Gazette if a management body fails to comply with written guidelines or directions, fails to submit a requested development plan under section 17(2), or if the Commission considers revocation is in the public interest.

The Commission must make rules and regulations for the sustainable conservation of land-based natural resources.

The section requires identification and database creation for public land (geo-referenced and authenticated), evaluation of public land parcels based on land capability and resource data, sharing of data with the public and relevant institutions, and allows land to be required for specified purposes subject to conditions; it also lists particulars the Commission must record about land converted between public, private and community ownership.

The Commission must table any Rules made under subsection (5) before Parliament for approval.

The Commission may grant licences to persons to use unalienated public land for up to five years, may serve notices to quit after nine months from the licence date, must prescribe licence fees, periods and conditions, and the licensee may transfer a licence with the Commission's consent.

An occupant of public land licensed under section 20 may, at any time before the licence expires, remove any structure or other building they erected.

Section 22. Penalty for unpaid fees,etc.

The lessor must have full power to the land or lease; the lessee, if paying rent and fulfilling lease conditions, is entitled to quiet possession except as permitted by law; leases or licences for private land under Article 64(b) must be issued by the Cabinet Secretary and registered by the Chief Land Registrar.

Lessee or licensee must pay rent and royalties as reserved at the time and in the manner provided.

Lessees of leases not exceeding thirty years may remove buildings within three months after lease termination unless the Commission elects to purchase; if a purchase is elected and there is disagreement on price, the Commission must appoint an independent valuer by open, transparent and competitive process under the public procurement law.

Covenants or conditions in a grant, lease or licence that bind a grantee, lessee or licensee are also binding on all persons claiming under that grantee, lessee or licensee unless the grant, lease or licence expressly provides otherwise.

A child may hold title to land through a trustee and has the same liabilities and obligations regarding that land as an adult.

Lessees or licensees must pay rents, royalties and payments owed under a lease or licence to the national or county government at the government office or another prescribed place; annual rent is payable in advance on 1 January each year; respective governments must submit records of payments under subsection (2) to the Commission.

Late payment interest is charged on unpaid rents, installments, royalties or other payments at two percent per month (or another rate specified by the national or county government); governments may waive interest and must publish waivers annually; governments must serve debtors notice of interest due.

The Commission and the government may sue in court to recover arrears of rent, payments or penalties under this Act (including penalties under section 29).

A court may declare a lease forfeited on proof, governments may re-enter if forfeited, and the Court must be guided by equity when granting relief.

If rent is unpaid for thirty days or a license condition is breached, the Commission may apply to Court to forfeit the licence; the Court must notify the licensee at least fourteen days before the hearing and, if satisfied at the hearing that rent is in arrears or a breach occurred, shall declare the licence forfeited subject to possible relief for non-payment of rent.

A forfeiture does not extinguish any debt owed to the national or county government for rent, royalty or other payments due from a lessee or licensee under a forfeited lease or license.

The national or county government must notify interest holders and caveators of boundary adjustments and ensure adjustments conform to planning principles; the survey authority must give reasonable notice when georeferencing and may adjust cadastral records without paying compensation.

Acceptance by or on behalf of the national government or county government of purchase money, rent or other payment under a lease or licence shall not be treated as a waiver by the national or county government of any forfeiture arising from breach of covenants or conditions attached to sales, leases or licences of public land.

When a determination is made that public land is available for a particular use, a notice indicating availability for lease, licence, or agreement must be published in the Gazette and in at least two daily newspapers of nationwide circulation.

Community land shall be managed in accordance with the law relating to community land enacted pursuant to Article 63 of the Constitution.

The National Government must implement settlement programmes to provide access to land for shelter and livelihood.

Establishes the Land Settlement Fund and provides that it shall be administered by a Board of Trustees (the Land Settlement Fund Board of Trustees); sets out powers of the Board and requires the Board to consult relevant county governments when carrying out Part IX functions.

Certain formal requirements for validity of land sale contracts and a requirement to reduce some verbal contracts to writing within two years; the Cabinet Secretary must publish a nationwide notice about that requirement.

The vendor is entitled to regain possession of the land by resuming possession peaceably.

Vendors may claim damages and mesne profits from purchasers for breach of a sale contract or other duties, and terms conflicting with this section are inoperative.

Lists items a vendor's notice should state (nature and extent of breach; possible monetary remedy; actions or compensation and a time of not less than thirty days to remedy), and provides that the vendor may seek a court order to possess the land and rescind the contract if the breach is not remedied or not capable of remedy.

If the vendor peaceably enters the land the purchaser must apply for relief within ninety days; the court may grant relief on terms it considers appropriate; the vendor has a right to rescind the contract for breach.

A proprietor may transfer land, a lease or a charge to any person by an instrument in the prescribed form; the transferee of a charge may require the chargor to execute the transfer to acknowledge the amount due.

A transfer cannot be stated to take effect upon a future event, condition, or at any future time.

The transferor must warrant that the lessee's rent, agreements and conditions have been paid, performed and observed up to the date stated in the transfer or, if none, the date of transfer.

When a lease is transferred, the transferee takes on the rights and liabilities of the transferor under the lease and ceases to be under obligations or to possess rights under the lease, subject to subsection (2) which preserves rights or liabilities for breaches that occurred before the transfer.

When land or a lease is transferred subject to a charge, the transferee is implied to agree to pay the interest secured by that charge where applicable.

Section 48: Transfer subject to lease

If one of two or more joint proprietors of any land, lease or charge dies, the Registrar shall, on proof of the death, delete the name of the deceased from the register by registration of the death certificate.

A deceased sole proprietor’s personal representative can be registered by transmission as proprietor if they apply to the Registrar in the prescribed form and produce the grant; the representative’s name must include wording indicating their role as executor or administrator.

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

If a certified court order is produced showing a proprietor is bankrupt or the estate of a deceased proprietor is to be administered under section 375 of the Insolvency Act, the Registrar must register the bankruptcy trustee (or trustee appointed under section 375) as proprietor in place of that person.

When a company is in liquidation the liquidator must provide the Registrar with the appointing resolution or order, comply with Insolvency Act Part VI requirements, record and register appointments affecting land/leases/charges, lodge vesting orders with the Registrar as soon as practicable after section 444 orders, and instruments delivered after appointment must be sealed or signed and verified; the Registrar must register the liquidator as proprietor on receiving a vesting order.

When a person becomes entitled to land, lease or charge under law or by order/certificate of sale, the Registrar must, on application by an interested person supported by required evidence, register that person as the proprietor.

Part applies to all leases except those governed by community land law; parties to pre-Act leases may in writing adopt provisions of this Part into their lease; references to a lease include a sublease.

Gives a power to lease land or part of it to any person for various types of periods (definite, for life of lessor or lessee, or an indefinite period terminable by either).

Defines when a lease is treated as a periodic lease and provides rules for termination by notice.

Short-term leases: (a) leases for two years or less without an option for renewal; (b) periodic leases; (c) leases to which section 57(2) applies. A short-term lease may be made orally or in writing. A short-term lease is not a registrable interest in land.

A lease that begins after this Act comes into force and which allows termination upon a future event is valid provided the future event is defined clearly enough in the lease to be identified when it occurs.

If a lessee remains in possession of land without the lessor's consent after the lease ends, the lessee's obligations under the lease continue until the lessee leaves; a lessor who accepts rent after termination is not thereby deemed to have consented, and if the lessor accepts rent for two months after termination a month-to-month periodic lease is deemed to have arisen.

Leases of land may be made to begin on a future date up to twenty-one years after execution; a future lease for more than five years is not effective unless it is registered.

Section 62 — Notice by co-owners.

A sublease that takes effect after this Act and that expires at the same time as or earlier than the head lease does not operate as an assignment of the head lease to the sublessee unless a contrary intention appears, and the term of a sublease must not be longer than the term of the head lease.

Surrendering a head lease so a new head lease can be entered into does not affect the sublease: the sublease’s term or right of termination governs, and the sublease’s rights and obligations continue enforceable, except where entering the new head lease makes an obligation more onerous than before.

Sets implied covenants in leases: lessee must pay rent and observe covenants; lessee entitled to quiet enjoyment while doing so; lessor must keep certain parts in repair, ensure habitability of dwellings, must not render premises unfit, and may enter for inspection after seven days' notice; lessee may terminate with one month’s notice if premises can no longer be lawfully used for specified purposes.

This section lists conditions implied on leases that the lessee must follow: pay the rent when and how the lease specifies; use the land sustainably and follow lease, written law or grant conditions; accept reasonable wear and tear and loss from listed events; keep boundary marks and buildings in repair.

A lessor must not unreasonably withhold consent to certain lessee actions and must, if asked in writing, promptly give written reasons for refusal or conditions; lessee may recover money and damages caused by prohibited demands or conditions.

Merger of lessor’s interest does not affect remedies.

Covenants in a lease bind the lessor and lessee and the benefits and obligations run with the reversion, enforceable by the person entitled to the reversion; a person who later becomes entitled may still exercise accrued rights unless waived or released.

If a lessor has transferred the reversion, a lessee who pays any rent or money due to the transferor or assignor is discharged to that extent, unless the lessee had actual notice of the transfer or assignment before paying.

A transferor or assignor of a lease is discharged from future liability to pay rent and observe covenants from the date of transfer, except while remaining in occupation or for obligations that accrued during their tenancy; a lessee who vacates with the lessor's agreement remains liable for rent and covenants for one year (unless shorter period in lease) and similar rules apply to part-transfers or part-vacatings.

A transferor or assignee who becomes the lessee must pay rent and perform lessee covenants, may enforce covenants against the lessor, and is identified as the transferor or assignee acting as lessee.

The lessor has a right to forfeit the lease if the lessee breaches the lease, is adjudicated bankrupt, or (if a company) goes into liquidation; the right may be exercised by taking possession where the lessee is not in occupation or by court action; accepting rent after a notice of forfeiture does not waive the right unless the lessor by other positive act treats the lease as subsisting.

Section 74 addresses the effect of forfeiture on subleases where the forfeiture is set aside by the court on the grounds that it was procured by the lessor in fraud of the sublesee.

Notice before forfeiture Section specifying the particular breach complained of; and

A lessee served with a notice under section 75 or facing forfeiture may apply to the court for relief; the court may grant or refuse relief and may impose terms. The court may also, on application by a sublessee or chargee, order that the property be vested in that person, subject to conditions and excluding cases where the sublessee is party to the breach or where there is an express agreement against subletting or disposing of the property.

If a lessee is evicted (in whole or in part) contrary to the lease, the lessee is immediately relieved of all obligation to pay rent or other monies and to perform lessee covenants in respect of the part evicted.

A chargee exercising the power of sale may purchase the property with the Court's leave (except in circumstances in subsection (3)); the court will not grant leave unless the chargee satisfies the court that a sale to the chargee is the most advantageous; the Registrar may require evidence and is not obliged to register until satisfied.

Proceeds of sale of charged land are applied first to pay any rates, rents, taxes, charges or other sums owing and required to be paid on the charged land.

Before sale (or withdrawal from sale), the chargor or any person entitled to discharge the charge may discharge it in whole or in part by paying the money secured to the chargee.

Certain persons (the chargor, joint chargors, a spouse in limited circumstances, and a bankruptcy trustee) may apply for relief in respect of a charge, subject to conditions about notices, breach and remedies.

Section 104 sets out the court's powers to consider whether certain remedies are necessary and to cancel, vary, suspend or postpone orders; extend compliance periods; substitute remedies or timings; authorise or approve remedies on conditions; and to treat amounts as due for purposes of the charge.

The Court may reopen a charge secured on a matrimonial home to do justice between the parties.

The court may reopen certain charges and can order modifications, require repayment or compensation, and direct corporate chargees to stop discriminatory practices; corporate chargees running government-supported programmes for women are not treated as discriminatory if advances are only to women.

This section preserves the validity of entries in the register and charges, mortgages or other security instruments created before the Act, and states how references to charged land are to be interpreted.

Owners of private land or lessees may charge land interests by prescribed instrument; informal charges and liens by deposit are recognized but possession, sale or exercise of remedies are limited and usually require court orders or registration.

A charge only operates as security (not a transfer); the chargee has the powers and remedies on default and is subject to obligations like a transferee; in a lease charge the chargee's liability to the lessor is limited; the chargor is entitled to reliefs including a right of sale.

Charges rank by the order in which they are registered or, for informal charges, by the order in which they are made; registered informal charges take priority over unregistered informal charges; special rules apply if charges are made or registered on the same day and where dishonesty or fraud affects priority.

A chargee may include in the charge instrument a provision to give further advances or credit to the chargor on a current or continuing account, subject to the Act and specified conditions.

Chargors with multiple charges to the same chargee may discharge individual charges without redeeming all; chargees who consolidate must record that right in the register(s).

Sets requirements for variation of a charge including notice to the chargor, clear statement of the new interest rate, requirements for memoranda of reduction or variation, signatures, and that endorsements or annexures vary the charge as specified.

The chargor has the right to discharge a charge after paying all secured money and performing all other charge obligations, before the charged land is sold by the chargee or a receiver.

A chargor or specified persons may request in writing that the charge be transferred except while the chargee has possession; on a compliant written request and required payments and performance the charge shall transfer to the named person.

Section 87. Chargee’s consent to transfer

Section 88 implies a set of covenants by the chargor: pay principal and interest, pay rates/taxes, keep buildings in repair and permit inspection after seven days' notice, insure buildings (jointly with chargee), use agricultural land sustainably, not lease or transfer without chargee's written consent (not to be unreasonably withheld), observe lease covenants and indemnify chargee, pay prior charges where applicable; and gives the chargee power to remedy certain breaches and add costs to the principal.

Subsection (1) bans any rule allowing a chargee to foreclose the equity of redemption in charged land. Subsection (2) states a chargee is not entitled to take possession of charged land or a charged lease or to receive rents and profits solely because of a default, except as provided by this Act.

If a chargor defaults and remains in default for one month, the chargee may serve a written notice requiring payment or performance; the notice must specify details of the default, time to remedy (not less than three months for money defaults and not less than two months for covenant defaults), consequences if not rectified, and the chargor's right to apply to court. The chargee may then exercise remedies including suing for money, appointing a receiver, leasing or subleasing, entering possession, or selling the charged land. The Cabinet Secretary shall, in consultation with the Commission, prescribe the form and content of the notice.

A chargee may bring action for money secured by charge when the chargor is personally bound to repay, when security is insufficient and chargor fails to provide additional security after reasonable opportunity, or when the chargee is deprived of security through the chargor's wrongful act; the court may postpone proceedings under (1)(c) until the chargee has exhausted other remedies unless the chargee agrees to discharge the charge.

Sets rules for appointing receivers: the chargee must serve a prescribed notice and wait thirty days before appointment; the chargee must appoint in writing and sign; the chargee may remove and appoint receivers in writing; the receiver has powers to collect income and is entitled to costs and commission (capped at 5% unless otherwise agreed or fixed by court); the chargor is generally responsible for the receiver's acts unless the charge instrument provides otherwise.

A chargee may grant leases or accept surrenders of leases over charged land, but before granting a lease must serve the chargor with a prescribed notice and wait thirty days; leases created must meet the requirements listed in subsection (3) (timing, rent, term, reasonable conditions, and a declaration of receiver appointment).

A chargee may, after the period in section 90(2)(b) and (c) has expired, serve notice and (after at least one month) enter into possession of the charged land; a chargee in possession may remain, manage the land, receive profits subject to duties to the chargor and is bound by specified covenants; the chargee may renew existing leases but may not grant new leases.

A chargee may withdraw from possession of charged land, but not sooner than one month after service of a notice of withdrawal; a chargee must not re-enter except by complying with section 94 if the chargor is in fresh default; withdrawal can also be triggered by court order, appointment of a receiver, rectification of the default, exercise of power of sale, or discharge of liabilities.

If the chargor remains in default after the rectification period, a chargee may sell the charged land but must first serve a prescribed notice to the chargor and must wait at least forty days from service before completing any sale; the chargee must also notify and post notice to the listed persons in section 96(3).

Chargees who sell charged land owe a duty to obtain the best price; they must ensure a forced sale valuation before selling; there is a rebuttable presumption of breach in certain circumstances; chargors may apply to court to void a sale; chargees cannot claim compensation for liabilities from breach; prescribed chargees selling occupied community land must follow community land law and are exempt from Community Land Committee approval.

Section 98 sets rules for a chargee's power of sale, including sale methods, duties when selling at auction, form and registration of transfers, purchaser protections, reliance on valuations for private sales (valuation not older than six months), priority of transfers, consent requirements for pari passu charges, and procedures when the charge cannot be found including deposit with the Court and subsequent cancellation and payment rules.

Buyers of charged land from the chargee or receiver (and persons claiming through them) are protected from liability and certain obligations in relation to the purchase money and need not make inquiries about defaults or notices; this protection applies even if they had notice before completion except where there is fraud or dishonest conduct by the chargee, and a person prejudiced by an unauthorised sale has a remedy in damages.

Sets out the procedure for preliminary notice when national or county government seeks compulsory acquisition of land, assigning roles to the Cabinet Secretary or County Executive Committee Member, the Commission and the Registrar, and requiring publication and registration steps.

Valuation for compulsory acquisition must be based on a land value index developed by the Cabinet Secretary (in consultation with county governments) and approved by the National Assembly and the Senate; the index must be developed within six months of commencement of the Act.

Where the lessee of public land breaches a term of the grant the land shall revert to the national or county government; criteria for valuing compulsory acquisition of leasehold land include the unexpired lease term using a land value index, value of developments or improvements and other costs, and any other criteria the Commission may prescribe in Regulations in consultation with the Cabinet Secretary and county governments and with approval of the National Assembly and the Senate.

The Commission may, in writing, authorize a person to enter land specified in a section 107 notice to inspect it and do what is reasonably necessary to determine suitability for the intended purpose.

The Commission must promptly pay full just compensation for any damage caused by entry under section 108, as soon as practicable after the entry.

The Commission must certify in writing that land is required for public purposes or in the public interest before land may be compulsorily acquired under this Part.

When land is compulsorily acquired, compensation must be paid; the acquiring authority must deposit compensation funds (plus survey and registration fees and other costs) with the Commission before acquisition; owners may elect the form of compensation subject to listed options; the Commission must make rules for assessing just compensation.

The Commission must publish notice of inquiry at least fifteen days before the inquiry, serve copies on persons interested, call for written claims not later than the inquiry date, make inquiries into interested persons, receive written claims, may postpone or adjourn for sufficient cause, has Court-like powers for inquiries, and the public body and interested persons are entitled to be heard and present evidence.

The Commission must, upon conclusion of the inquiry, prepare a written award making a separate award of compensation for every person determined to have an interest in the land, state specified particulars (size, value, form, amount, shares) in the award, and file every award in the office of the Commission.

When the Commission makes an award it must serve each person it has determined to be interested in the land with a notice of the award and an offer of compensation.

The Commission may pay compensation into a special compensation account when there is no competent person to receive payment, the person entitled does not consent, or there is a dispute; and may hold title to alternative land in trust for beneficiaries when compensation is given as alternative land.

If a person has received compensation money by mistake or before the rightful claimant is determined, the Commission may serve written notice requiring that person to refund the amount, and that amount is a debt owed to the Commission.

If compensation is unpaid, the Commission must open a special account before taking possession and pay interest at the Central Bank of Kenya base lending rate from possession until payment; interest is also added to additional compensation under section 119 from possession or payment, whichever is earlier.

When part of title land has been acquired, the Commission must promptly carry out a final survey of all acquired land and, after that final survey is complete, must issue new title documents for each affected parcel.

Compensation is payable only after due diligence, which includes a final survey and determination of acreage, boundaries, ownership and value.

The Commission may take possession of land after an award is made (so long as no one is rendered homeless), and in urgent cases may take possession after 15 days from publication of the notice of intention to acquire even if no award has been made; upon taking possession and payment of just compensation in full the land vests in the national or county governments free from encumbrances.

The Commission must in writing require anyone holding title documents to deliver them to the Registrar; that person must forthwith deliver them. If only part of the land is acquired the Registrar shall register resultant parcels and issue new title documents, and if documents are not forthcoming the Registrar will record the acquisition in the register.

Persons referred to in subsection (1)(b) may withdraw or modify their statement before the Commission makes an award; the Commission may instruct acquisition of remaining land if satisfied partial acquisition would make remaining land inadequate or disproportionately reduce its value; the Commission must refer disputes about whether parts of a building are reasonably required to the Court.

The Commission may revoke a direction to acquire land before possession is taken, and must determine and pay compensation for damage and costs suffered by persons interested in the land due to acquisition proceedings.

The Commission may take temporary possession of land for public purposes if certain necessity conditions are met and, after serving notice and waiting seven days, may enter and post notice; the Commission must serve notices and a copy of the possession notice on the occupier.

The Commission must pay full and just compensation to all persons interested in the land as soon as is practicable.

The use of the land includes the passage of vehicles of all kinds, including heavy machinery, whether owned or operated by the public body occupying or using the land or by any contractor or servant employed by that body.

Identifies matters that are for reference to the Court for determination by the Commission, and provides who must pay the costs of such references.

Disputes arising under the Act may be referred to the Land and Environment Court for determination.

The Commission and any officer or person authorized under section 108 have the right, upon notice and at all reasonable times, to enter any land to further the purposes of this Act.

A person who wilfully obstructs the Commission or related officers, or who wilfully fills up, destroys, damages or displaces marks made on land under this Act, commits an offence and is liable on conviction to up to five years' imprisonment or a fine not exceeding three million shillings, or both.

A notice is served by delivering it to the person personally.

Stamp duty shall not be chargeable for an award or agreement made under this Act, and no person claiming any such award or agreement shall be liable to pay a fee for a copy of the agreement.

The Commission may make rules to carry out the purposes and provisions of this Part.

Establishes the Land Acquisition Tribunal of three persons appointed by the Cabinet Secretary; sets nominations, staffing, procedure and remuneration arrangements.

Sets terms of office: Chairperson appointed for four years (eligible for one further four-year term); members appointed for three years (eligible for one further three-year term); members serve part-time.

The Tribunal can hear appeals from the Commission on compulsory land acquisition; dissatisfied persons may apply within 30 days; the Tribunal must decide applications within 60 days and may extend time, award interest on excess compensation, and confirm, vary or quash Commission decisions.

An appeal from the decision of the Tribunal may be made on a question of law only.

Members of the Tribunal are exempt from personal liability for acts or defaults done or committed in good faith while exercising powers conferred by the Act.

Defines 'dominant land', 'servient land' and characterises how easements benefit or burden land; states when an easement can exist.

This Part applies to all easements made or coming into force on or after the commencement of this Act, but does not apply (unless specifically stated) to easements and similar restrictions that have effect only in customary law; and defines “analogous rights” as an access order made under section 140.

Defines the nature of easements by listing types of rights under Section 138(1)(a)–(d) and 138(2)(a)–(b), and sets a general rule on the duration of easements in Section 138(3)–(4).

Owners of dominant land may apply to court for an entry order authorising entry on servient land for specified works; they must notify the servient owner and county government; in emergencies a dominant owner may enter after at least 24 hours' written notice but the servient owner may still seek orders for damage and reimbursement.

Owners of landlocked land may apply to a court for an access order; the court may make an access order and may specify terms including payment of reasonable compensation by the applicant.

Persons who are entitled under subsection (1)(a) or (1)(b) may bring proceedings in their own name to enforce the easement or analogous right.

Section 142 was repealed by Act No. 28 of 2016, s. 94.

The Commission may create public rights of way (wayleaves for institutions or communal rights for the public); such rights attach to servient land and bind owners; wayleaves authorize certain workers and contractors to enter servient land; communal rights entitle the public to pass and use designated areas.

Applications to create a wayleave must be made to the Commission by State departments, county governments, public authorities or corporate bodies (unless the Commission proposes on its own motion); applications must be in the prescribed form with required information, and the Commission must not begin creating a wayleave until all required information is submitted; the Commission itself must complete an application form when acting on its own motion; the Commission must bring the application to the notice of persons using affected land along the proposed route.

A county government, an association, or any group of persons may apply to the commission for a communal right of way.

Section 146 sets out how a public right of way may be created, including the Cabinet Secretary's power to create by order, the Commission's recommendation duty in certain cases, appeal rights within six weeks, and a requirement to refer back and wait at least thirty days if the Cabinet Secretary will not accept negotiated terms.

If the Cabinet Secretary orders creation of a public right of way, the Commission must deliver all necessary documents, plans, demarcations and surveys of the route to the Registrar so the Registrar can exercise powers under this section; the Registrar may record the route of the public right of way on certificates of title, lease or other documents of title.

Persons in lawful or actual occupation of land used as a communal right of way or affected by a wayleave are entitled to compensation; the applicant (State Department, county government, public authority or corporate body) must pay compensation and the entitled person may apply to Court if unable to agree or dissatisfied with payment timing.

Courts have power to enforce public rights of way.

The Environment and Land Court and subordinate courts have jurisdiction to hear and determine disputes, actions and proceedings concerning land under this Act.

Service may be effected on or as near as possible to the land.

Commission‑authorised persons may enter and inspect public land (not private dwellings) between 6:00 a.m. and 6:00 p.m. after giving not less than 48 hours' notice; notices must specify the purpose and time; authorised persons must carry written Commission authorization and produce it on request; the Commission must appoint an assessor and pay compensation for any damage caused.

A person must not unlawfully occupy private, community or public land.

An unlawful occupant of private, community or public land shall be evicted in accordance with this Act.

The National Land Commission must notify all affected persons in writing, in the Gazette, in a nationwide newspaper and by radio (in a local language where appropriate) at least three months before evicting people from public land.

The County Executive Committee Member responsible for land matters must notify all affected persons in writing, in the Gazette, in a nationwide newspaper and by radio (where appropriate) at least three months before evicting unlawful occupiers of unregistered community land.

Owners or persons in charge may serve an eviction notice on unlawful occupiers; the notice must be given at least three months before eviction and must meet form, publication, content and service requirements.

People served with notices under sections 152C, 152D or 152E may apply to Court for relief; the Court may confirm the notice and order vacation, cancel/vary or add to the notice on equitable terms, suspend it for a period it determines, or order compensation.

The Cabinet Secretary must prescribe regulations to give effect to this section.

Competent officers of the Commission or County Government, communities owning registered community land, or private landowners must, at least seven days after eviction, remove or arrange removal or dispose by public auction any unclaimed property left after an eviction from private, community or public land.

If a building or works were begun or completed without authority, the competent officer must order the responsible person to demolish them within a period specified in the order.

Section 153 was repealed by Act No. 28 of 2016, s. 99.

The Cabinet Secretary must set and keep under review prescribed fee rates; the Registrar must refuse to register land-related entries where required fees have not been paid unless written evidence shows waiver or an installment agreement with no arrears.

The Commission may serve a notice or oral communication on a person it believes is unlawfully occupying public land requiring the person to show cause; the person must show cause within 60 days or be deemed to accept the notice and comply, and the person has a right to be heard; the court can grant relief or vary the notice.

The Commission can order the removal of wrongful obstructions or encroachments on public rights of way (order must give not less than 14 days), may take steps if not complied with, must serve notices in a manner the person understands, persons may request reconsideration or appeal and, if they do not pursue those remedies within the times specified, are under a duty to comply.

Section 157 lists offences relating to false statements, alteration or suppression of land documents, unlawful occupation of public land, obstruction or encroachment of public rights of way, and damage by authorised officers, and specifies fines and imprisonment for convictions.

A transaction described in subsection (1) is illegal from its inception and void; persons occupying land obtained through such corrupt transactions must forfeit the land to the government without compensation and must comply with the transaction terms and remedies and may face penalties under this section.

The Cabinet Secretary must publish guidelines on penalties for noncompliance with this section.

Grants a general power to make regulations on the listed matters (forms, Land Compensation Fund management, public rights of way, compensation procedures and payment, valuation of land interests, land holding acreages, and various measures related to minority communities, disasters, refugees, internal displacement and squatter settlements).

The written laws set out in the Schedule to this Act are hereby repealed.

Section 162 preserves pre‑existing rights, interests and dispositions under prior law and sets transitional rules on registration, injunctions and subsequent actions.