LAWS OF KENYA

The Government Lands Act

Chapter 280

Revised Edition 2010 (1984)

Published by the National Council for Law Reporting
with the Authority of the Attorney General

www.kenyalaw.org

CAP. 280

Government Lands

[Rev. 2010

CHAPTER 280
THE GOVERNMENT LANDSACT
ARRANGEMENT OF SECTIONS
Part IPreliminary
Section

1Short title.
2Interpretation.
Part IIAdministration

3Special powers of President.

4All conveyances, etc., relating to Government land
deemed to be under this Act.
5Commissioner of Lands and subordinate officers.
6Office and sub-offices of Commissioner.
7Commissioner may execute conveyances, etc., and
do other acts on behalf of President.
8Actions relating to Government land.
8AEscheat.
8BConfirmation of earlier titles.
Part IIIDisposal of Land Within Townships
9Commissioner may cause land in townships to be
divided into plots.
10Length of term.
11Price, conditions, rents, etc. to be determined by

Commissioner.
12Leases to be sold by auction.
13Notice of sale and condtions to be published in

Gazette.
14Auctioneer to read terms and conditions of sale.
15Highest bid and name of purchaser to be

announced, and deposit to be paid.
16Balance of purchase money, rent and fees to be
paid within one month.
17If not paid purchaser to lose right to lease and
deposit to be forfeited.
18Implied covenant against division, assignment
and sub-letting.
18AValuation of land for rent.

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18BLessee to be given rent to be paid after valuation.
Part IVDisposal of Agricultural Land
(1) Offering of Land for Agricultural Purposes
19Agricultural land to be divided into farms.
20Leases to be sold by auction.
21Notice of auction.
22Auctioneer to read terms and conditions of sale.
23Highest bid and name of purchaser to be
announced, and deposit paid.
24Payment of balance of purchase money.
25When rent, survey fees, etc., to be paid.
26If payment not made deposit may be forfeited.
(2) Term of Lease and Rent to be Reserved

27Term of lease.
28Repealed.
29Rent for the several periods.
30Valuation of land for rent.
31Lessee to be given notice of rent to be paid after
valuation.
(3) Covenants as to Development
32First Schedule to have effect.
33Implied covenants as to development of farms.
34Restriction on subdivision, assignment and
subletting.
Part VDisposal of Land for Special Purposes
35Application for leases or licences for special
purposes.
36Presidents sanction required.
37Rent, period and conditions.
38Sales by auction for special purposes.
39Implied covenants.
Part VILicences for Temporary Occupation of Land

40Licence for temporary purposes.

41Removal of building under temporary licence.

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42Penalty for unpaid rent, etc.
Part VIIKibera Settlement Area
43Kibera Settlement Area.
4468 (Repealed).
Part VIIIGeneral Provisions Relating to Leases, Licences
and Agreements
(1) Implied Covenants and Conditions

69Implied covenants by grantor or lessor.

70Implied covenants and conditions by lessee or
licensee.
71Buildings on leased Government lands.
72Covenants and conditions binding on persons
claiming under grant, lease or licence.
73Obligations of minors.
(2) Rent, Royalties and Other Payments
74Rents and other payments.
75Penalty for non-payment of rent, etc.
75ACommissioner to refrain from assessing interest.
76Commissioner may sue for rent, etc., in arrear.
(3) Forfeiture for Breach of Covenant or Condition
77Forfeiture of lease if rent unpaid or for breach of
covenant.
78Forfeiture of licence.
79Debt to Government not extinguished by
forfeiture.
80Acceptance of purchase money or rent not to
operate as waiver of forfeiture.
Part IXReservations
(1) Water
81Reservation of water.
(2) Foreshore
82Reservation of foreshore.

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Section
(3) Minerals
83Reservation of minerals and precious stones.
84Delegation of rights reserved to Government.
(4) Roads, Thoroughfares and Outspans
85Saving of public roads, etc.
(5) Entry on Land for Certain Public Purposes
86Power to erect telegraph poles, etc., on land
sold or leased.
87Power to construct dams and water-channels,
and divert rivers, etc.
88Delegation of powers.
89Compensation not to exceed market value.
90Compensation for damage to planted trees and
shrubs.
Part XRegistration of Transactions Relating to
Government Lands
(1) Government Lands Registry
91Interpretation of Part.
92Part not to apply to leases or licences granted
under mining laws.
93Government Lands Registration Office.
94Registrars to be appointed.
(2) Registration of Government Conveyances, Leases
and Licences
95Commissioner to deliver for registration all
subsisting conveyances, etc.
96Repealed.
97Register of Government Lands.
98Repealed.

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Section
(3) Registration of Transactions Affecting
Government Lands

99Transactions affecting registered land to be
registered.
100No evidence may be given of certain
transactions unless by registered instrument.
101Unregistered documents void.
102Documents exempt from sections 100 and 101.
103Certain documents executed before
commencement of Act to be registered.
104Priority given by registration not by execution.
105Registration of mutations of title on death, etc.
106Judgments and orders of court may be registered.
107Refusal of registration in certain cases.
108Powers of attorney to be registered.
109Registrar may call for proof and give notice to
third parties.
110Plans.
111Description of land in documents.
112Treatment of documents contravening section 111.
113Appeal from order refusing registration.
114When registration to take effect after successful
appeal.
115Language of documents.
116Caveats.
117Fee and stamp duty to be paid before registration.
118Registration, how effected.
119Document when registered to be endorsed by
registrar.
120Errors in register may be corrected.
121Cancellation of determined entries and
destruction of documents.
122Power of registrar to hold inquiry.
123Appeals to High Court.
124Certified copy of Government grants, etc.,
admissible in evidence.
125Certified copy of entry in register to be
evidence.
126Registrar not to be liable for anything done in
good faith.
127Searches.
128Fees.
129Application of Cap. 285.

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Section
Part XIMiscellaneous Provisions
(1) Legal Procedure, Etc.
130Recovery of Government lands in unlawful
occupation.
131Evidence in proceedings under Part.
132As to title claimed under Mohammedan law.
133135 Repealed.
136Institution and conduct of actions.
137Service of notice.
(2) Prohibitions and Offences
138Offering money to abstain from bidding an
offence.
139Actual receipt of money therefor an offence.
140Penalty for false declaration.
141Power to enter land in execution of duty.
142Penalty for unauthorized occupation of
unalienated land.
143No rubbish to be deposited on unalienated
Government land.
144Penalty for obstructing roads and ways.
145Purchaser or lessee not to impound stock
unless land fenced.
(3) Compensation and Arbitration

146Compensation and arbitration.

147Procedure in arbitration.
(4) Rules and Saving

148Rules.
149Saving respecting Ordinance 21 of 1902.
Schedules.

8
Cap. 155 (1948),
90 of 1948,
34 of 1949,
22 of 1951,
G.N. 936/1952,
21 of 1953,
7 of 1955,
36 of 1958,
58 of 1959,
L.N.131/1959,
49 of 1960,
27 of 1961,
L.N.142/1961,
L.N. 559/1962,
L.N. 274/1963,
21 of 1966,
L.N. 15/1966,
29 of 1967,
21 of 1968,
39 of 1968,
13 of 1972,
6 of 1979,
21 of 1990,
11 of 1993,
4 of 1999,
16 of 1988,
13 of 1995,
L.N. 218/1986,
L.N. 211/2003,
6 of 2006,
L.N. 48/2008,
10 of 2010.
Short title.
Interpretation.
21 of 1953, s. 2,
58 of 1959, s. 2,
L.N. 142/1961,
39 of 1968, s. 2,
11 of 1993, Sch.
Cap. 318.

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Government Lands

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CHAPTER 280
THE GOVERNMENT LANDSACT

Commencement: 18th May, 1915

An Act of Parliament to make further and better provision for regulating

the leasing and other disposal of Government lands, and for other
purposes

Part IPreliminary

1. This Act may be cited as the Government Lands Act.

2. In this Act, and in all conveyances, leases and licences and in
all agreements, notices and documents relating to Government land,
except where inconsistent with the context
agricultural purpose means any purpose falling within the
meaning of agriculture as defined in the Agriculture Act;
Director of Surveys includes any officer of the Survey
Department authorized by the Director of Surveys to perform the duty
in relation to which the term is used;
farm means an area leased for agricultural purposes;
Government land means land for the time being vested in the
Government by virtue of sections 204 and 205 of the Constitution (as

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contained in Schedule 2 to the Kenya Independence Order in Council, L.N. 718/1963.

1963), and sections 21, 22, 25 and 26 of the Constitution of Kenya 28 of 1964.
(Amendment) Act, 1964;
highway authority has the meaning assigned to it in the Traffic Cap. 403.
Act;
licensed surveyor has the meaning assigned to it in the Survey Cap. 299.
Act;
livestock includes horses, cattle, sheep, goats, swine, camels,
mules, donkeys, ostriches and poultry;
Principal Registrar means the Principal Registrar of Government
lands;
purchaser, grantee, lessee and licensee include personal
representatives, heirs and assigns;
registrar means a registrar of Government lands, and includes
the Principal Registrar;
registry means the registry of Government lands;

* The powers of the President under this paragraph are delegated to the Commissioner
in the following cases only (Cap. 155 (1948), Sub. Leg.)
(a) for religious, charitable, educational or sports purposes on terms and conditions
in accordance with the general policy of the Government and the terms prescribed
for such purpose by the President;
(b) for town planning exchanges on the recommendation of the Town Planning
Authority, Nairobi, within the total value, and subject to the conditions, laid
down by the President;

(c) the sale of small remnants of land in the City of Nairobi and Mombasa Municipality
acquired for town planning purposes and left over after those town planning
needs have been met;
(d) for the use of local authorities for municipal or district purposes, viz. office
accommodation, town halls, public parks, native locations, fire stations, slaughterhouses, pounds, incinerators, mortuaries, crematoria, stock sale yards, libraries,
hospitals, child welfare institutions, garages, housing schemes, markets and
public cemeteries;
(e) the extension of existing township leases on the fulfilment of the conditions
specified therein as being precedent to such extensions;
(f) the temporary occupation of farm lands on grazing licences terminable at short
notice;
(g) the sale of farms and plots which have been offered for auction and remain unsold,
such grants being subject to the general terms and conditions of the advertised
auction sale and the application therefor being submitted within six months of
the date of the auction in the case of township plots and within twelve months in
the case of farms, except that in the case of godown plots the power to sell shall
not be limited to a period of six months from the date of sale.

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township means a township, a municipality or an area reserved

for a township;
unalienated Government land means Government land which is
not for the time being leased to any other person, or in respect of which
the Commissioner has not issued any letter of allotment.
Part IIAdministration
Special powers of
President.
21 of 1953, s. 3,
58 of 1959, s. 3,
39 of 1968, s. 3.

3. The President, in addition to, but without limiting, any other

right, power or authority vested in him under this Act, may
(a)* subject to any other written law, make grants or dispositions
of any estates, interests or rights in or over unalienated
government land;
(b)* with the consent of the purchaser, lessee or licensee, vary or
remit, either wholly or partially, all or any of the covenants,
agreements or conditions contained in any agreement, lease
or licence, as he may think fit, or, with the like consent, vary
any rent reserved thereby;
(c)extend, except as otherwise provided, the time to the
purchaser, lessee or licensee for performing the conditions
contained in any agreement, lease or licence liable to
revocation for such period, and upon such terms and
conditions, as he may think fit, and the period so extended,
and the terms and conditions so imposed, shall be deemed
to be inserted in the agreement, lease or licence and shall
be binding on the purchaser, lessee or licensee, and on
all transferees, mortgagees, assignees and other persons
claiming through him;
(d)* accept the surrender of any lease or licence under this
Act;

26 of 1897,
21 of 1902.

(e) accept the surrender of any certificate granted under

the East Africa Land Regulations, 1897, or of any lease
granted under the Crown Lands Ordinance, 1902, and
grant to the lessee a lease under this Act of the area the
subject of the surrendered certificate or lease, provided such
surrender is made within such period as the President may
by notice in the Gazette direct, such period to be not less
than twelve months from the commencement of this Act:

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Provided that this paragraph shall not apply to land granted under
the East Africa Land Regulations, 1897, or leased under the Crown
Lands Ordinance, 1902, upon terms which differ from the ordinary
terms in force at the time at which such land was granted or leased; and
(f) accept the surrender of any freehold conveyance under the
Crown Lands Ordinance, 1902, or freehold grant under this
Act.

4.All conveyances, leases and licences of or for the occupation
of Government lands, and all proceedings, notices and documents under
this Act, made, taken, issued or drawn shall, save as therein otherwise
provided, be deemed to be made, taken, issued or drawn under and
subject to the provisions of this Act.

All conveyances,
etc., relating to
Government land
deemed to be under
this Act.

5. There shall be a Commissioner of Lands and such other officers

as may be necessary for the administration of this Act who may, if so
authorized by the Commissioner either generally or specially, perform
any of the duties or do any of the acts or things required or authorized
by this Act, or by any law regulating the sale, letting, disposal and
occupation of Government land, to be done by the Commissioner.

Commissioner
of Lands and
subordinate officers.
21 of l953, s. 4,
39 of 1968, Sch.

6. The principal office of the Commissioner (in this Act referred

to as the Land Office) shall be at Nairobi, and there shall be such suboffice or sub-offices at such place or places as the Minister may from
time to time determine.

Office and
sub-offices of
Commissioner.
39 of l968, Sch.

7. The Commissioner or an officer of the Lands Department may,

subject to any general or special directions from the President, execute
for and on behalf of the President any conveyance, lease or licence of
or for the occupation of Government lands, and do any act or thing,
exercise any power and give any order or direction and sign or give
any document, which may be done, exercised, given or signed by the
President under this Act:
Provided that nothing in this section shall be deemed to authorize
the Commissioner or such officer to exercise any of the powers conferred
upon the President by sections 3, 12, 20 and 128.

* The powers of the President under this paragraph are delegated to the Commissioner
(Cap. 155 (1948), Sub. Leg.).
The powers of the President under this paragraph to accept the surrender of a lease
granted under the Crown Lands Ordinance, 1902, and to grant the lessee a lease of the
same land under this Act are delegated to the Commissioner (Cap. 155 (1948), Sub.
Leg.).

Commissioner may
execute conveyances,
etc., and do other
acts on behalf of
President.
21 of 1953, s. 5,
L.N. 142/1961,
39 of 1968, Sch.,
11 of 1993, Sch.

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Actions relating to
Government land.
21 of 1953, s.6,
39 of 1968, Sch.,
4 of 1999, s. 62.

8. (1)All actions, suits and proceedings by or on behalf of the

Government respecting

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(a) Government land; or

(b) any contract relating to Government land or any breach of
any such contract; or
(c) any trespass on Government land or any damages accruing
by reason of such trespass; or
(d) the recovery of any rent, purchase money or other monies
in respect of Government land; or
(e) any damages or wrongs whatsoever in any way suffered
by the Government in respect of Government land or any
other land; or
(f) the recovery of any fine or the enforcement of any penalty
under this Act,
shall be commenced, prosecuted and carried on by and in the name of
the Commissioner who shall be represented by the Attorney-General or
by any public officer or other person appointed by the Commissioner
in any particular case.
(2) The Commissioner may, in his own name on behalf of the
Government, where any rent is due under a lease or licence granted
under this Act, upon service of notice in the prescribed form on the
lessee or licensee, either
(a) distrain for the rent; or
(b) direct the Principal Registrar that any land or buildings
registered in the name of the lessee or licensee shall, to the
extent of the interest of the lessee or licensee, be the subject
of security for the rent and any penalty chargeable for the
non-payment of rent.
(3) The Principal Registrar shall, without fee, register a direction
under subsection (2) as if it were an instrument of mortgage or charge on
the land or buildings referred to in paragraph (2)(b) and on registration,
the direction shall, subject to any prior mortgage or charge, operate as
a legal mortgage over or charge on the land or buildings to secure the
amount due under that subsection.

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(4) The Commissioner shall, on payment of the whole of the

amount secured under this section, by notice in writing to the Principal
Registrar, cancel the direction made under subsection (2) and the
Principal Registrar shall, without fee, record the cancellation.
8A. (1) Where any person in whom there is vested an estate, Escheat.
interest or right in or over land dies intestate and without heirs, that 39 of 1968, s. 4.
estate, interest or right shall escheat to the Government.
(2) Where a company in which there is vested any estate, interest
or right in or over land is dissolved, that estate, right or interest shall
escheat in like manner as if it were vested in a person who dies intestate
and without heirs, except in so far as the Companies Act provides for
it to vest in some other person or authority.
(3) This section does not apply in respect of Trust land.
8B. Section 20 of the Constitution of Kenya (Amendment) Act, Confirmation of
1964, shall continue to have effect, as if it were set out in this section. earlier titles.
Part IIIDisposal of Land Within Townships
9. The Commissioner may cause any portion of a township which
is not required for public purposes to be divided into plots suitable for
the erection of buildings for business or residential purposes, and such
plots may from time to time be disposed of in the prescribed manner.

39 of 1968, s.4.
28 of 1964.
Commissioner
may cause land in
townships to be
divided into plots.

10. Leases of town plots may be granted for any term not Length of term.
16 of 1988, s. 2.
exceeding one hundred years.

11. (1) Before any town plot is disposed off under section 12, the Price, conditions,
rents, etc. to be
Commissioner shall determine
(a) the upset price at which the lease of the plot will be sold;
(b) the building conditions to be inserted in the lease of the
plot;
(c) the special covenants, if any, which shall be inserted in
the lease; and
(d) the periods into which the term is to be divided and the
annual rent to be paid in respect of each period.
(2) For the purposes of the rent payable undera lease under this
Part granted before the 1st January, 1989

determined by
Commissioner.
16 of 1988, s. 2.

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(a) the term of the lease shall notwithstanding anything to the

contrary contained in the lease, be divided into periods, the
first of which shall expire on the 31st December, 1988 and
each period thereafter shall expire on the 31st December of
every tenth year until end of the term;
(b) the annual rent shall be payable in advance on the 1st January
in each year of the term;
(c) the annual rent payable for the period expiring on the 31st
December, 1988 shall be that reserved in the lease; and
(d) the annual rent payable on and after the 1st January, 1989
shall for each next ensuing period of ten years be at such
percentage of the unimproved value of the land as at the 1st
January of such ensuing periods as the President may by
order in the Gazette determine.
(3) For the purposes of the rent payable under a lease under this
Part granted for a term commencing on or after the 1st January, 1989
(a) the term of the lease shall be divided into ten periods, the
first of which shall expire on the 31st December of every
subsequent tenth year until the end of the term;
(b) the annual rent shall be payable in advance on the 1st January
in each year of the term;
(c) the annual rent payable for the first period of ten years of
the term shall be that reserved in the lease; and
(d) the annual rent payable on and after the 1st January, 1999
shall for each next ensuing period of ten years be at such
percentage of the unimproved value of the land as at the 1st
January of such next ensuing period as the President may
by order in the Gazette determine.
Leases to be sold by
auction.

12. Leases of town plots shall, unless the President otherwise

orders in any particular case or cases, be sold by auction.

13. The place and time of sale shall be notified in the Gazette not
Notice of sale and
less than four weeks nor more than three months before the day of sale,
conditions to be
published in Gazette. and the notice shall state
(a) the number of plots and the situation and area of each
plot;

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(b) the upset price at which the lease of each plot will be
sold;
(c) the amount of survey fees and the cost of the deeds for
each plot;
(d) the term of the lease and the rent payable in respect of
each plot; and
(e) the building conditions and the special covenants, if any, to
be inserted in the lease to be granted in respect of any plot:
Provided that the lease of any plot may be withdrawn from sale
by the Commissioner at any time before it is offered for sale.
14. The auctioneer shall, before the commencement of the sale, Auctioneer to read
read the terms and conditions of the sale, and all persons bidding at the terms and conditions
of sale.
sale shall be bound by the terms and conditions so read.
15. (1) The highest bid for the lease of each plot, together with
the name of the purchaser, shall be announced by the auctioneer before
proceeding to offer the lease of the next plot, and the purchaser shall
thereupon pay one-quarter of the purchase money.

Highest bid and

name of purchaser to
be announced, and
deposit to be paid.

(2) In default of payment of the deposit, the lease of the plot may
be offered for sale immediately, and any subsequent bid by the person
who has made default may be ignored or refused.
16. (1) The balance of the purchase money, together with the
rent due to the 31st December next following, the prescribed survey
fee and the fees payable for the preparation and registration of the lease
and the stamp duty payable in respect of the lease, shall be paid to the
Commissioner at the Land Office within seven days from the date of
the sale, and upon such payments being duly made the purchaser shall,
subject to the provisions of this Act and if the conditions of the sale
have been complied with, be entitled to a lease of the plot, which lease
shall be presented to him for execution as soon as conveniently may be:
Provided that the balance of the purchase money shall not
be payable within the time stated or thereafter unless and until the
Commissioner can present to the purchaser the lease of the plot duly
executed.
(2) The lease shall commence on the first day of the month next
following that in which the sale was held, and rent shall be payable
from the commencement of the lease.

Balance of purchase
money, rent and fees
to be paid within one
month.

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If not paid purchaser

to lose right to lease
and deposit to be
forfeited.

17. Subject to the proviso to subsection (1) of section 16, if the

balance of the purchase money together with the rent, fees and duty
mentioned in section 16 is not paid to the Commissioner within seven
days from the date of the sale, the Commissioner may order that the
deposit made by the purchaser be forfeited to the Government and the
purchaser shall have no further claim to a lease of the plot.

Implied covenant
against division,
assignment and
subletting.
21 of 1953, s. 8.
39 of 1968, Sch.

18. (1) In every lease of a town plot under this Act there shall
be implied by virtue of this Act a covenant by the lessee not to divide
the plot and not to assign or sublet any portion thereof, except with the
previous consent of the Commissioner in writing and in such manner
and upon such conditions as he may prescribe or require:

[Rev. 2010

Provided that
(i) no application for such consent shall be entertained
unless the building conditions (if any) have been
coplied with;
(ii) in no case shall the annual rent reserved on any such
portion be less than ten shillings nor the aggregate annual rent be less than that reserved in the original lease;

21 of 1902.

(iii) the immediately foregoing proviso shall apply to every

building lease granted under the Crown Lands Ordinance,
1902, in the event of the property held under such lease
being subdivided and the portions assigned.
(2) Every application for consent under this section shall be made
to the Commissioner and shall
(a) contain the applicants proposals for development of each
portion created by the subdivision; and
(b) be accompanied by suitable plans in quadruplicate on
durable material showing the proposed subdivisions.
(3) Every applicant for consent under this section shall furnish
such further or other information or particulars as the Commissioner
may require.

Valuation of land
for rent.
16 of 1988, s. 3.

18A. Notwithstanding anything contained in any lease, the

Commissioner shall every tenth year after the 1st January, 1989, until
the expiration of the term, cause the land which is the subject of a lease
under this Part granted before the 1st January, 1989, to be valued for the
purpose of determining the rent which shall be payable for the second
or subsequent period of such lease, whichever next follows the year in

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and in respect of which the valuation is made and the rent so determined
shall be payable on the first day of such period to commence on the
1st January, 1989:
Provided that where under section 18B the lessee successfully
objects to the valuation, the rent payable shall, on the determination
of the objection, be varied so as to be in accordance with the valuation
detemined under that section, and the lessee shall be entitled to a refund
of the rent overpaid by him.
18B. (1) After each valuation provided for in section 18A has
been made and before the expiration of the year in which the valuation
was made, the Commissioner shall cause a notice to be served upon
the lessee setting forth the value of the land determined and the annual
rent which in accordance with such valuation will be payable by him
during the next following period and calling upon the lessee to state in
writing whether he objects to the valuation.

Lessee to be given
rent to be paid after
valuation.
16 of 1988, s. 3.

(2) If within three months of the date of the notice mentioned in

subsection (1) the lessee notifies the Commissioner in writing that he
objects to the valuation, the question of the value of the land shall be
referred to and determined by an arbitrator appointed in accordance
with the provisions of the Arbitration Act.
(3) It shall be no defence to an action for any rent payable under
a lease granted under this Part that any notice required by this section
to be served on the lessee has not been served.
Part IVDisposal of Agricultural Land
(1) Offering of Land for Agricultural Purposes

19. Subject to any general or special directions of the President, Agricultural land to
the Commissioner may cause land available for alienation for be divided into farms.
39 of 1968, Sch.
agricultural purposes to be surveyed and divided into farms.
20. Leases of farms shall, unless the President otherwise orders Leases to be sold by
auction.
in any particular case or cases, be sold by auction.
21. (1) When land available for leasing for agricultural purposes Notice of auction.
has been surveyed and divided into farms, and it is proposed that leases 49 of 1960, s. 2.
thereof shall be sold by auction, the Commissioner shall give notice
in the Gazette of the place and time, which shall not be within three
months of the date of the publication of such notice, at which leases in
respect of the farms will be offered for sale by auction.
(2) The notice of auction shall state

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(a) the situation of the farms and the approximate area of each
farm, and the time when and place where the plan of each
farm may be seen;
(b) the upset price at which the lease of each farm will be sold;
(c) any special covenant or condition to be inserted in any lease
to be granted;
(d) the annual rent to be paid for each farm under the lease and
the capital sum to be paid for a grant of the freehold of the
land, on due compliance with the conditions thereof, under
section 27; and
(e) the survey fees and the cost of the deeds to be paid in respect
of each farm.
(3) The Commissioner may withdraw any lease from sale at any
time before the same is offered for sale.
Auctioneer to read
terms and conditions
of sale.

22. In the case of sales under this Part, the auctioneer shall, before
the commencement of the sale, read the terms and conditions of the
sale, and all persons bidding at the sale shall be bound by the terms
and conditions so read.

Highest bid and

name of purchaser to
be announced, and
deposit paid.

23. (1) The highest bid for the lease of each farm, together with
the name of the purchaser, shall be announced by the auctioneer before
proceeding to offer the lease of the next farm, and the purchaser shall
thereupon pay one-tenth of the purchase money.
(2) In default of payment of the deposit, the lease of the farm may
be offered for sale immediately, and any subsequent bid by the person
who has made default may be ignored or refused.

Payment of balance
of purchase money.

24. (1) The purchaser shall, on or before the first day of the month
next following the month in which the sale has been held, or if that day is
a Sunday or a public holiday on the first day thereafter which is neither a
Sunday nor a public holiday, notify the Commissioner in writing whether
he desires to pay the balance of the purchase money forthwith or desires
to pay the same by instalments as hereinafter provided.
(2) If the purchaser elects to pay the balance of the purchase
money forthwith, he shall pay the same together with the rent and other
payments as is provided in section 25.
(3) If the purchaser elects to pay the balance of the purchase

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money by instalments, the balance shall be paid by nine equal yearly

instalments commencing on the 1st January next following the date
of the sale; and there shall be included in the covenants of the lease a
covenant expressing the amount of each instalment due and the date on
which instalment is due; and, unless each instalment is paid on the date
on which it falls due, the amount of each instalment shall be deemed to
be added to the annual rent reserved by the lease and shall be payable
and recoverable as rent.
(4) When the balance of the purchase money is payable by
instalments, no assignment of the land leased or any part thereof shall be
valid until the whole of the balance of the purchase money has been paid:
Provided that the lessee may at any time pay to the Commissioner
the balance of the purchase money, and the Commissioner shall on the
receipt of the balance endorse the lease accordingly.
25. The purchaser shall, on or before the first day of the month When rent, survey
next following that in which the sale has been held, or if that day is a fees, etc., to be paid.
Sunday or a public holiday on the first day thereafter which is neither a
Sunday nor a public holiday, pay to the Commissioner at the Land Office
the rent due to the 31st December next following, the survey fees, the
fees for the preparation and registration of the lease and the stamp duty
payable in respect of the lease, and, if the purchaser has elected to pay
the balance of the purchase money forthwith, the balance of the purchase
money, and upon such payments being duly made the purchaser shall,
subject to the provisions of this Act and if the conditions of the sale
have been complied with, be entitled to a lease of the farm, which lease
shall be presented to him for execution as soon as conveniently may be.
26. (1) If the payments mentioned in section 25 are not made If payment not made
within the prescribed time, the Commissioner may order that the deposit deposit may be
made by the purchaser be forfeited and that the purchaser shall have no forfeited.
further claim to a lease of the farm.
(2) The lease shall commence on the first day of the month next
following that in which the sale has been held, and rent shall be payable
from the commencement of the lease.
(2) Term of Lease and Rent to be Reserved
27. (1) Subject to subsection (2), every lease under this Part shall, Term of lease.
49 of 1960, s. 3,
subject to the provisions of this Act
(a) be granted for a term equal in length to the period by the
end of which the lessee is required by the lease to have
completed the developments thereby required of him;

39 of l968, Sch.,
16 of 1988, s. 4.

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(b) be at a rent calculated at the rate of one per cent on the

unimproved value of the land at the commencement of the
term; and
(c) contain a provision whereby the lessee, on the expiration
of the term and on due compliance with the covenants and
conditions contained in the lease, shall be entitled to a grant
of the freehold of the land on payment to the Government
of the unimproved value of the land at the commencement
of the term, either
(i) in one sum before the issue of the grant, or
(ii) with interest at the rate of six and one-half percent per
annum, or, after the 31st December, 1965, at such rate as
may be prescribed, by twenty equated yearly instalments
of capital and interest in advance (except that interest
shall not be payable for the first year), with a right for the
grantee at any time to pay to the Government the balance
of capital then remaining outstanding with interest to the
date of payment:
Provided that land which is to be leased to the lessee of adjoining
land comprised in a lease granted before the 1st January, 1961, may,
with the consent of the lessee, be leased for the term, at the rent and on
the conditions which would have been applicable in the case of a lease
granted under this Part before that date, and sections 30 and 31 shall apply
to such a lease as though the lease had been granted before that date.

21 of 1902.

(2) Where, at any time before the 30th June, 1961, the lessee
of land leased for a term of ninety-nine years under the Crown Lands
Ordinance, 1902, or under this Act, has applied to the Commissioner to
surrender the term and to be granted a lease of the land under this Part
for a term of nine hundred and ninety-nine years, and the Commissioner
has approved the application, such lessee may, subject to the terms
and conditions of the approval, require to be granted a lease under this
subsection, and in such case the provisions of subsection (1) shall not
apply, but instead, subject to the provisions of this Act (a) the lease to be granted under this Part shall be for a term of
nine hundred and ninety-nine years (less the period which
has expired of the term of ninety-nine years), and, for the
purposes of the rent to be reserved thereunder, the term shall
be divided into periods, the first period to expire on the 31st
December, 1990, and each period thereafter to expire on the
31st December of every tenth year until the end of the term,

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and for the first period the rent shall be calculated at the rate
of one per cent on the unimproved value of the land in the
year 1960, and the Commissioner shall assess such value and
shall, not later than the 30th June, 1961, give notice thereof
to the said lessee;
(b) the lessee shall be entitled to object to the Commissioners
assessment of the unimproved value of the land, and the
provisions of section 31 shall thereafter apply, as if the
assessment were a valuation under section 30, and the notice
under paragraph (a) were a notice under subsection (1) of
section 31; and
(c) as regards the remaining periods of the term, the provisions
of sections 29, 30 and 31 respecting periods of leases shall
apply to the contemporary periods of the lease, as if the
lease were a lease under this Part granted before the 1st
January, 1961.
28. (Repealed by 16 of 1988, s. 5.).
29. The annual rent payable under a lease under this Part granted
before the 1st January,1989 shall be the rent reserved in the lease and for
each subsequent period of ten years shall be charged at such percentage
of the unimproved value of the land assesed every ten years as the
President may by order in the Gazette determine.

Rent for the several

periods.
34 of 1949, s. 2,
49 of 1960, s. 5,
16 of 1988, s. 6.

30. (1) The Commissioner shall, during the years 1960 and 1990
and, after the year 1990, in every tenth year until the expiration of the
term, cause the land the subject of a lease under this Part granted before
the 1st January, 1961, to be valued for the purpose of determining the
rent which shall be payable for the land for the second or third period
or for a subsequent period of such lease, whichever next follows the
year in which the valuation is made, and the rent so determined shall be
payable as from the beginning of the period for which it is determined
to be payable:

Valuation of land
for rent.
49 of 1960, s. 6,
16 of 1988, s. 7

Provided that where under section 31, the lessee successfully

objects to the valuation the rent payable shall, on the determination of
the objection, be varied so as to be in accordance with the valuation
determined under that section, and the lessee shall be entitled to a refund
of the rent overpaid by him.
(2) In the ascertainment of the value of any land under this subPart, there shall not be taken into consideration in augmentation of such
value the value of improvements made or done on the land being valued.

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Lessee to be given
notice of rent to be
paid after valuation.
49 of 1960, s. 7,
16 of 1988, s. 8.

31. (1) After each valuation provided for in section 30 has been
made, and before the expiration of the year in which the valuation was
made, the Commissioner shall cause a notice to be served upon the
lessee setting forth the value of the land determined and the annual rent
which in accordance with that valuation will be payable by him during
the next following period.

[Rev. 2010

(2) If within three months of the date of the notice men- (1) has not
been served on him, the Commissioner shall, in the case of that lessee,
extend the time for objection by such period as the Commissioner may
think necessary to enable an objection to be made.
(3) It shall be no defence to an action for any rent payable under
a lease granted under this Part that any notice required by this section
to be given to the lessee has not been given.
(3) Covenants as to Development
First Schedule to
have effect.
Implied covenants
as to development of
farms.

32. The First Schedule shall have effect as part of this Act.
33. Except where expressly varied or excepted, there shall, by
virtue of this Act, be implied in every lease under this Part covenants
by the lessee
(a) that he will within the first three years of the lease effect or
place on the land leased improvements of the nature and to
the value specified in the First Schedule as the improvements
to be effected within such time upon a farm of the like area;
(b) that he will at all times after the expiration of the third
year of the lease have and maintain on the land leased
improvements of the nature and to the value required under
the last preceding covenant;
(c) that he will within the first five years of the lease effect or
place on the land leased additional improvements of the
nature and the value specified in the First Schedule as the
additional improvements to be effected within such time
upon a farm of the like area; and
(d) that he will at all times after the expiration of the fifth year
of the lease have and maintain on the land leased additional
improvements of the nature and to the value required under
the last preceding covenant.

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34. (1) In every lease of land under this Part there shall be implied
by virtue of this Act a covenant by the lessee not to divide the land and
assign or sublet any portion thereof except with the previous written
consent of the Commissioner and in such manner and upon such
conditions as he may prescribe and subject to the provisions of Part V:

23
Restriction on
subdivision,
assignment and
subletting.
21 of 1953, s. l0,
39 of 1968, Sch.

Provided that
(i) no application for the consent shall be entertained unless
the whole of the purchase price in respect of the lease
has been paid;
(ii) the annual rent reserved for each portion shall be at the
rent prescribed in section 29 and shall not be less than
ten shillings;
(iii) the immediately foregoing proviso shall apply to every
lease granted under the Crown Lands Ordinance, 1902,
for grazing or agricultural purposes or both in the event
of the property held under that lease being subdivided
and the portions assigned.

21 of 1902.

(2) Every application for consent under this section shall be made
to the Commissioner and shall
(a) contain the applicants proposals for apportionment of
any development conditions in the original lease and for
the development and maintenance of development of each
portion of land to be assigned or sublet; and
(b) be accompanied by suitable plans in quadruplicate on
durable material showing the proposed subdivisions.
(3) Every applicant for consent under this section shall furnish
such further or other information or particulars as the Commissioner
may require.
Part VDisposal of Land for Special Purposes
35. (1)Every application for a lease or licence of or relating to
unalienated Government land for any special purpose shall be made
in writing in the form prescribed, and shall give such particulars as may
be required by rules made under this Act.
(2) If any person makes a false statement in such application with
regard to any of the particulars required as aforesaid he shall forfeit
all moneys paid by him in respect of the lease or licence applied for.

Application for leases

or licences for special
purposes.
39 of 1968, Sch.

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Presidents sanction
required.
21 of 1953, s. 13,
39 of 1968, Sch.

36. Except as provided in this Part, the Commissioner shall not

grant any application under this Part except with the approval of the
President.

Rent, period and

conditions.

37. The rent to be reserved under any lease or licence under this
Part, the period and the covenants and conditions of the lease or licence
shall be such as may be prescribed by rules made under this Act or as
may be determined by the President.

Sales by auction for

special purposes.

38. (1) The Commissioner may, with the approval of the President,
cause a lease or licence under this Part to be sold by auction.

[Rev. 2010

(2) The provisions of sections 13 to 17 (both inclusive) shall, so

far as applicable, apply to every sale by auction under this Part.
Implied covenants.
21 of 1953, s. 14.

39. Except where expressly varied or excepted, there shall, so far

as applicable, apply to every sale by auction under this Part covenants
by the lessee
(a) not to divide, assign, sublet or otherwise part with the
possession of the land leased or any part thereof, without
the previous consent of the President in writing;
(b) not to use the land leased for any purpose other than the
purpose or purposes specified in the lease.
Part VILicences for Temporary Occupation of Land

Licence for
temporary purposes.
21 of 1953, s. 15,
39 of 1968, Sch.

40. (1) Licences to occupy unalienated Government land for

temporary purposes may be granted by the Commissioner.
(2) Unless it is expressly provided otherwise, a licence under this
section shall continue for one year and thenceforward until the expiration
of any three months notice to quit:
Provided that the notice to quit may be served upon the licensee at
any time after the expiration of nine months from the date of the licence.
(3) The rent payable under a licence under this section, the period
and the agreements and conditions of the licence shall be such as may
be prescribed by rules under this Act or as may be determined by the
Commissioner.
(4) The benefit of a licence under this section may, with the
consent of the Commissioner, be transferred by the licensee, and the
transfer and the consent thereto shall be endorsed on the licence.

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41. The occupant of any Government land under a licence under Removal of building
section 40 may remove any hut or other building erected by him during under temporary
his occupation of the land at any time before the licence expires.
licence.
42. If the rent payable under a licence granted under section 40 is Penalty for unpaid
unpaid for one month after it became due, or if any tax or taxes imposed rent, etc.
upon the land, or upon the huts erected on the land, or upon the licensee,
are unpaid for two months after they became due, or if the occupant
of the land fails to keep the land in a reasonably clean condition, the
Commissioner may declare his licence to be forfeited.
Part VIIKibera Settlement Area
43. (1) The area of Government land situated in the Nairobi Area Kibera Settlement
and described in the Fourth Schedule shall be known as the Kibera Area.
Settlement Area.
39 of 1968, s. 5.
(2) The Minister may make rules for the management,
administration and control of the Kibera Settlement Area.
44 to 68. (Repealed by 39 of 1968, s. 5).
Part VIIIGeneral Provisions Relating to Leases, Licences
and Agreements
(1) Implied Covenants and Conditions
69. Except as otherwise provided, there shall in every grant or Implied covenants by
lease under this Act be implied by virtue of this Act covenants by the grantor or lessor.
grantor or lessor
39 of l968, Sch.
(a) that he has full power to grant the grant or lease;
(b) that the grantee or lessee, paying the rent and fulfilling the
conditions therein contained, shall quietly hold and enjoy the
premises without lawful interruption by the grantor or lessor
or any person claiming under him, except so far as the laws
for the time being in force may permit.
70. In every grant, lease and licence under this Act there shall, by Implied covenants
virtue of this Act, be implied covenants and conditions by the grantee, and conditions by
lessee or licensee.
lessee or licensee
39 of l968, Sch.

(a) that he will pay rent and royalties thereby reserved

at the time and in the manner therein provided;

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(b) that he will pay such taxes, rates, charges, duties,

assessments or outgoings of whatever description as may be
imposed, charged or assessed upon the land or the buildings
thereon or upon the lessor or grantor or lessee or licensee
in respect thereof.
Buildings on leased
Government lands.
39 of l968, Sch.

71. In the absence of special provisions to the contrary in a lease

or licence under this Act, all buildings on Government lands leased or
occupied under a licence, whether erected by the lessee or licensee
or not, shall, on the determination of the lease or licence, pass to the
Government without payment of compensation:
Provided that, in the absence of any special provision to the
contrary in the lease, in the case of a lease for a term not exceeding
thirty years the lessee shall be at liberty within three months of the
termination (otherwise than by forfeiture) of the lease to remove any
buildings erected by him on the land leased during the currency of the
lease, unless the President elects to purchase those buildings; and, in
the event of disagreement as to the purchase price of the buildings, the
same shall be determined by arbitration.

Covenants and
conditions binding
on persons claiming
under grant, lease or
licence.
39 of 1968, Sch.

72. Every covenant or condition, whether expressed or implied,

in a grant, lease or licence under this Act which is binding on a grantee,
lessee or licensee shall, unless otherwise expressly provided in the grant,
lease or licence, be binding upon all persons claiming an interest in the
land the subject of the grant, lease or licence, and whose title is derived
through or under the grantee, lessee or licensee.

Obligations of
minors.

73. A minor who becomes a lessee or licensee under this Act

shall be in the same position with regard to his liability and obligations
under or in respect of his lease or licence as though he were of full age.
(2) Rent, Royalties and Other Payments

Rents and other

payments.
13 of 1995, s. 92.

74. (1) The annual rent reserved under any lease or licence shall
be payable in advance on the 1st day of January in each year of the term.
(2) All rents, royalties and other payments reserved under any
lease or licence shall be debts due to the Government and shall be paid
by the lessee or licensee at the Office of the Commissioner or at such
other place as may be prescribed.

Penalty for nonpayment of rent etc.

13 of 1995, s. 92,
4 of 1999, s. 62,
10 of 2010, s. 36.

75. (1) If any moneys due in respect of any rent, principal,

instalment, royalty or other payment (in this section referred to as the
principal debt) under any agreement, lease or licence under this Act,
or under any Act repealed by this Act, remain unpaid after the due date,
a late payment interest at the rate of two percent per month or part

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27

thereof, or at such other rate as may from time to time be specified by

the Minister in the Gazette, shall be charged on the amount remaining
unpaid for more than one month after the due date until the full amount
is recovered.
Provided that the interest chargeable under this subsection shall
not exceed one hundred per centum of the principal rent outstanding.
(2) Any payment made under subsection(1) shall first be attributed
to the payment of outstanding interest and thereafter only when such
interest has been paid in full shall any payment be attributed to the
reduction of the principal debt.
(3) Where any interest becomes payable under subsection (1),
the Commissioner shall serve on the person in debt a notice demanding
payment of such interest in addition to the other moneys then due and
thereafter the provisions of subsections (2), (3) and (4) of section 8
shall apply.
(4) Notwithstanding the foregoing provisions of this section, the
Commissioner may, upon good and sufficient cause shown and with the
written approval of the Minister responsible for Finance, remit the whole
or any part of any late payment interest provided for by this section.
75A. Notwithstanding any other provision of this Act, the Commissioner
Commissioner shall refrain from assessing or recovering late payment to refrain from
assessing interest.
interest outstanding upto and including the 30th June, 2010.
10 of 2010, s. 37.

76. Without prejudice to his right to recover in any other way, the
Commissioner may sue in the court for any rent, principal, instalment,
royalty or other payment, payable under any agreement, lease or licence
under this Act, or under any Act repealed by this Act, which is in arrear,
and for any penalty payable under section 75.

Commissioner may
sue for rent, etc., in
arrear.
49 of 1960, s. 8.

(3) Forfeiture for Breach of Covenant or Condition

77. (1) If the rent or royalties or any part thereof reserved in
a lease under this Act is at any time unpaid for the space of thirty
days after the same has become due, or if there is any breach of the
lessees covenants, whether express or implied by virtue of this Act,
the Commissioner may serve a notice upon the lessee specifying
the rent or royalties in arrear or the covenant of which a breach has
been committed, and at any time after one month from the service
of the notice may commence an action in the High Court for the
recovery of the premises, and, on proof of the facts, the High Court
shall, subject to relief upon such terms as may appear just, declare
the lease forfeited, and the Commissioner may re-enter upon the land.

Forfeiture of lease
if rent unpaid
or for breach of
covenant.

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(2) In exercising the power of granting relief against forfeiture

under this section, the Court shall be guided by the principles of English
law and the doctrines of equity.
Forfeiture of licence.

78. (1) Except where other provision is made in this Act, if the
rent or any part thereof payable under a licence issued under this Act is
at any time unpaid for a space of thirty days after the same has become
due, or if the licensee fails to comply with, or commits any breach of, the
conditions, whether express or implied, of his licence, the Commissioner
may cause an application to be made to a subordinate court of the first
class within whose local jurisdiction the land the subject of the licence
is situate to declare the licence forfeited.
(2) Upon receipt of an application under subsection (1), together
with a statement specifying the rent in arrear or the condition which has
not been complied with or of which a breach has been committed, the
court shall cause to be served upon the licensee a copy of the statement,
together with a notice of the date, not being less than fourteen days from
the date of the notice, when the application will be heard.
(3) If upon the date fixed for the hearing of the application or to
which the hearing is adjourned it is prove to the satisfaction of the court
that rent is in arrear or that the licensee has failed to comply with or
has committed a breach of any of the conditions of the licence, it shall,
subject to such relief against forfeiture for non-payment of rent as to it
may seem just, declare the licence forfeited.

Debt to Government
not extinguished by
forfeiture.

79. No forfeiture shall operate to extinguish any debt to the

Government in respect of any rent, royalty or other payment to be made
by a lessee or licensee under a lease or licence forfeited.

80. The acceptance by or on behalf of the Government of any

Acceptance of
purchase money or
purchase money or part thereof or of any rent or other payment under
rent not to operate as any lease or licence shall not be held to operate as a waiver by the
waiver of forfeiture. Government of any forfeiture accruing by reason of the breach of
any covenant or condition annexed to any sale, lease or licence of or
respecting Government land, whether the sale, lease or licence is under
this Act or under any other Act relating to the disposal of Government
land.
Part IXReservations
(1) Water
Reservation of water.

81. A conveyance, lease or licence under this Act shall not, unless
otherwise expressly provided therein, confer any right to the water of
any spring, river, lake or stream, other than to such water as may be

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required for domestic purposes upon the land sold, leased or occupied
under the licence.
(2) Foreshore
82. A conveyance, lease or licence under this Act shall not, unless Reservation of
otherwise expressly provided therein, confer any right to the foreshore. foreshore.
(3) Minerals
83. (1) A conveyance, lease or licence under this Act or under
any Act replaced by this Act shall not confer any right to any unextracted
minerals or mineral oil, except in so far as the conveyance, lease or
licence provides.

Reservation of
minerals and precious
stones.
G.N. 936/1952,
39 of 1968, Sch.,

(2) There is hereby reserved to the Government the right to

enter on any Government land which has been conveyed, leased or
occupied under licence under this Act or any Act replaced by this Act,
and to search for, work and remove any minerals and any substance
containing minerals and any mineral oil under or upon the land.
(3) The Minister may make rules providing for compensation to
be paid or relief to be given to the grantee, purchaser, lessee or occupier
under a licence for any damage to buildings, roads or crops or otherwise,
and for any interference with the rights of occupancy of land, caused
by the exercise of the rights hereby reserved.
(4) A purchaser or lessee of Government land under this Act or
under the Crown Lands Ordinance, 1902, may remove and use any of 21 of 1902.
the minerals mentioned in the Second Schedule and found in or upon
the land purchased or leased:
Provided that a lessee of Government land situate within a
township or leased for building purposes shall not exercise the rights
conferred by this section except with the consent of the Commissioner
first obtained and in accordance with such conditions as the
Commissioner shall impose with the purpose of preventing damage to
the surface of the land leased or occupied.
(5) The right reserved to the Government to enter upon any
Government land sold or leased and to remove therefrom any of the
minerals mentioned in the Second Schedule shall not be exercised
without the consent of the purchaser or lessee, unless such mineral is
required for a public purpose:
Provided that any pit or quarry made in the exercise of that
right shall be filled up, fenced or secured by and at the expense of the
Government.

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(6) A purchaser or lessee of Government land under this

Act may, subject to the provisions of this subsection, without the
payment of a royalty, remove any of the minerals mentioned in the
Third Schedule which may be found upon the land sold or leased:
Provided that
(i) the minerals shall be removed in such quantities only as
may be required for use on such land, and shall be used
for the purposes of the farm on such land only;
(ii) the right conferred by this subsection shall not apply to
minerals within any area included within any claim under
the mining laws or which is the subject of a lease granted
for the mining or working of such mineral.
(7) The Minister may, by order, amend the Second Schedule or
the Third Schedule by adding any mineral thereto.
Delegation of
rights reserved to
Government.
39 of 1968. Sch.

84. A right reserved to the Government under section 83 may be

exercised by any person or persons authorized by the Minister or by or
under any Act or law relating to mines or minerals.
(4) Roads, Thoroughfares and Outspans

Saving of public
roads, etc.
39 of 1968, Sch.
21 of 1902.

85. (1) All proclaimed or reserved roads, thoroughfares and

outspans being or existing on any land sold or leased under this Act,
or under the Crown Lands Ordinance, 1902, shall remain free and
uninterrupted unless the same are closed or altered by competent
authority.
(2) In subsection (1), reserved roads includes land which is in
any manner described in a conveyance or lease under this Act or any
Act repealed by this Act, as being reserved for a road.
(5) Entry on Land for Certain Public Purposes

Power to erect
telegraph poles,
etc., on land sold or
leased.
39 of 1968, Sch.
Power to construct
dams and waterchannels, and divert
rivers, etc.
39 of 1968, Sch.

86. The Government may at any time enter upon any land sold,
leased or occupied under a licence under this Act, and may there set
up poles and carry electric lines across such land, and may lay sewers,
water-pipes or electric lines therein, without paying compensation, but
making good all damage.

87. The Government may at any time enter upon any land sold,
leased or occupied under this Act, and may there do any work which it
may consider necessary for maintaining or improving the flow of water

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in any river or stream on the land, and may construct and maintain dams
or divert any river or stream, without paying compensation except for
buildings and crops destroyed or damaged.
88. The Minister may, by writing under his hand, authorize Delegation of
officers of the Government and contractors and their servants and agents powers.
49 of 1960, s. 11,
to exercise the powers conferred by sections 86 and 87.
39 of 1968, Sch.

89. Whenever under section 87 compensation is payable, the Compensation not to

compensation shall not in any case exceed the market value of the exceed market value.
49 of 1960, s. 11.
buildings or crops destroyed or damaged.
90. Where any damage or loss has been caused to any land by or
as a result of entry thereon under section 86 or section 87 by reason of
the injury or destruction of trees, bushes or shrubs planted thereon, a
reasonable sum, not exceeding the market value of the standing trees,
bushes or shrubs, shall be paid by way of compensation for the damage
or loss notwithstanding that compensation is not otherwise payable
under any of those sections.

Compensation for
damage to planted
trees and shrubs.
21 of 1953, s. 22,
49 of 1960, s. 12.

Part XRegistration of Transactions Relating to

Government Lands
(1) Government Lands Registry
91. In this Part land registered under this Part means land in Interpretation of Part.
respect of which the conveyance, lease or licence from the Government 39 of 1968, Sch.
was required by this Part to be registered in the Government Lands
Registration Office.
92. Nothing in this Part shall apply to or affect a lease or licence
granted under the Mining Ordinance (now repealed) or the Mining Act,
or under any Act repealed by or substituted for either of those Acts, or
any transfer of, or other transactions in relation to, any such lease or
licence or any right thereunder.

Part not to apply to

leases or licences
granted under mining
laws.
Cap. 148 (1926).
Cap. 306.

93. There shall be established under the control of the Government Lands
Commissioner at Nairobi, and at such other places as the Commissioner Registrion Office.
may determine, an office, to be known as the Government Lands 39 of 1968, Sch.

Registration Office.

94. The President shall appoint an officer, to be known as the Registrars to be

Principal Registrar of Government Lands, with such registrars as may appointed.
58 of 1959, s. 18.
from time to time be required.

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(2) Registration of Government Conveyances, Leases and

Licences
Commissioner
to deliver for
registration
all subsisting
conveyances, etc.

95. The Commissioner shall deliver to the Principal Registrar for

registration as hereinafter directed the original, duplicate or counterpart
of every conveyance, lease or licence of or in respect to Government
land made or granted by or on behalf of the Government.
96. (Repealed by 39 of 1968, s. 7.)

Register of
Government Lands.

97. The Principal Registrar shall keep a register, to be called

the Register of Government Lands, and shall bind up therein every
document delivered to him under section 95, and each conveyance,
lease or licence shall constitute a separate folio of the register, and the
Principal Registrar shall cause to be recorded therein the particulars of
every document, dealing and other matters by this Act required to be
registered or entered in the register affecting the land included under
each conveyance, lease or licence.
98. (Repealed by 39 of 1968, s. 7.)
(3) Registration of Transactions Affecting Government
Lands

Transactions
affecting registered
land to be registered.
58 of 1959, s. 20.

No evidence may
be given of certain
transactions unless by
registered instrument.

99. All transactions entered into, affecting or conferring or

purporting to confer, limit or extinguish any right, title or interest,
whether vested or contingent, to, in or over land registered under this
Part (other than a letting for one year only or for any term not exceeding
one year), and all mutations of title by succession or otherwise, shall
be registered under this Part.
100. (1) No evidence shall be receivable in a civil court
(a) of the sale, lease or other transfer inter vivos of land
registered under this Part, unless the sale, lease or other
transfer is effected by an instrument in writing and the
instrument has been registered under this Part; or
(b) of a lien, mortgage or charge (other than a lien, mortgage
or charge which may arise or be created in favour of the
Government under or by virtue of any Act or other enactment)
of or upon such land, unless the mortgage or charge is created
by an instrument in writing and the instrument has been
registered under this Part; or
(c) of a sale or other transfer inter vivos of a registered lien,
mortgage or charge, unless the sale or other transfer is

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effected by an instrument in writing and the instrument has

been registered under this Part.
(2) Nothing in subsection (1) shall apply to an equitable mortgage
by deposit of documents of title if a memorandum of that equitable
mortgage has been registered in the register; but on the discharge of the
equitable mortgage, a memorandum of the discharge shall be registered
in the register.
(3) Every memorandum required to be registered under subsection
(2) shall be transmitted to the registry in duplicate, and shall be in such
form, and there shall be paid on the registration thereof such fee, as
may be prescribed.
101. Every document executed, and every will of a person Unregistered
dying, creating, assigning, limiting or extinguishing any right, title documents void.
or interest to or in or over land registered under this Part shall, 58 of 1959, s. 21.
unless registered under this Part, be deemed void against all parties
claiming an adverse interest thereto on valuable consideration by
virtue of any subsequent document which has been duly registered:
Provided that
(i) fraud or collusion in obtaining the last-mentioned
document, or in securing such prior registration, shall
defeat the priority of the person claiming thereunder;
(ii) priority shall not be lost merely in consequence of the
person claiming under the registration having been
affected with actual or constructive notice of the document first executed, except in the case of actual fraud;
(iii) nothing herein contained shall be deemed to give any
greater effect or different construction to any document
registered in pursuance thereof, save the priority hereby
conferred on it;
(iv) such priority shall not be affected by the subsequent
registration of any document executed before the document first registered;
(v) every will of a testator dying shall, so far as regards any
land registered under this Part to be affected thereby, take
effect as against other documents affecting the same land
from the date of its registration:
Provided that every such will shall take effect from the date of

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the death of the testator if registered

(a) in the case of a person dying within Kenya within three
months next after such death;
(b) in the case of a person dying outside Kenya, within twelve
months next after such death.
Documents exempt
from sections 100
and 101.
58 of 1959, s. 22.

102. Nothing in sections 100 and 101 shall apply to the following
documents, nor shall they be capable of registration
(a) a composition deed; or
(b) a document relating to shares in a joint stock company,
notwithstanding that the assets of the company consist in
whole or in part of land registered under this Part; or
(c) a debenture given by a joint stock company and creating
only a floating charge over the assets of the company
(notwithstanding that the charge, upon the happening of
a subsequent event, becomes fixed upon all or any of the
assets):
Provided that those sections shall nevertheless apply to
that debenture if it is not protected by a caveat registered
under section 116; or
(d) an endorsement upon or transfer of a debenture issued by
joint stock company; or
(e) a document not itself creating, declaring, assigning, limiting
or extinguishing a right, title or interest to or in land registered
under this Part, but merely creating a right to obtain another
document which will, when executed, create, declare, assign,
limit or extinguish that right, title or interest; or
(f) a lease for one year only or for any term not exceeding one
year.

Certain documents
executed before
commencement of
Act to be registered.
Cap. 285.

103. (1) Every document executed before the commencement of

this Act creating, declaring, assigning, limiting or extinguishing a right,
title or interest to, in or over land registered under this Part which has
not before the commencement been registered under the Registration
of Documents Act shall forthwith be registered under this Part by the
person in whose favour the document is made or his successor in title:

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Provided that, if the document is not presented for registration

within the time prescribed for the registration of the document under
the Registration of Documents Act, the person presenting the same for
registration shall be liable to the payment of the fines prescribed in
section 10 of that Act, and the Principal Registrar may impose the fine
in his discretion and delay registration until the fine is paid.
(2) Every document as aforesaid if not registered within six
months after the commencement of this Act shall be void against all
parties claiming an adverse interest thereto by virtue of any subsequent
document which has been duly registered, subject, however, to the like
provisos as are set forth in section 101.
104. (1) Except as is hereinafter otherwise provided, every
document presented for registration shall be accompanied by the
prescribed form and fee, and shall be registered in the order of time
in which it is presented for that purpose; and documents registered
in respect of or affecting the same land shall be entitled to priority
according to the date of registration, and not according to the date of
each document itself.

Priority given by
registration not by
execution.
58 of l959, s. 23.

(2) The registrar, upon registration of a document, shall file a

photostatic copy in his office and deliver the original to the person
entitled thereto, and so soon as registered every document shall, for
the purposes of this Act, be deemed and be taken to be embodied in the
register as part and parcel thereof.
(3) The time of presentation endorsed on the document in the
registry shall be deemed to be the time of registration.
105. A person who acquires a right, title or interest in, to or over
any land registered under this Part on the death or bankruptcy of any
person or on the liquidation of any company, or under a certificate or
order of, or on the sale by, the court, shall present for registration the
document evidencing the right, title or interest.

Registration of
mutations of title on
death, etc.
58 of 1959, s. 24.

106. A person in whose favour a judgment, decree or order has

been pronounced, granted or made relating to or affecting any land
registered under this Part may transmit to the registry a certified copy
of the judgment, decree or order.

Judgments and orders

of court may be
registered.
58 of 1959, s. 25.

107. (1) No grant of probate or of letters of administration shall

be admitted to registration in respect of the title to any land registered
under this Part except upon production to the registrar of a certificate
signed by or on behalf of the Estate Duty Commissioners constituted
by the Estate Duty Act certifying that all estate duty payable under that
Act in respect of the land as aforesaid upon the death of the person to

Refusal of
registration in certain
cases.
7 of 1955, s. 4,
58 of 1959, s. 26,
29 of 1967, 1st Sch.,
39 of 1968, Sch.,
Cap. 257 (1948).

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whose will or estate the grant as relates has been paid in full, or that no
estate duty is payable thereon.

Cap. 267.
L.N. 218/1986.

(2) A registrar shall not register any document purporting to

transfer any land registered under this Part, being land situated within
the area of jurisdiction of a local authority, unless there is produced
to the registrar the written statement mentioned in section 21 of the
Rating Act and unless the statement is expressed to be available until
the day upon which, or until a day not earlier than that upon which, the
document was registered.
(3) A registrar shall not register any document purporting to
transfer or create any interest in land, unless a certificate is produced
to him certifying that no rent is owing to the Government in respect of
the land, or that the land is freehold.
(4) A registrar may refuse to register any document which he
considers unsuitable for photostatic copying.
(5) A registrar may refuse to register any document presented
for registration under section 103 if the title of the person creating,
declaring, assigning, limiting or extinguishing the right, title or interest
is not evidenced by a registered document or memorandum or by some
entry in the register.

Powers of attorney to
be registered.
58 of 1959, s. 27.

Cap. 281.

Registrar may call for

proof and give notice
to third parties.
58 of 1959, s. 28.

108. Powers of attorney relating to or affecting land registered

under this Part, and revocations of those powers, shall be registered in
such manner as may be prescribed, and a registrar may refuse to register
any document executed by an attorney whose authority has not been
duly registered:
Provided that powers of attorney and revocations of those powers
which have been duly registered under and in accordance with the
Registration of Titles Act shall be deemed to have been registered under
and for the purposes of this Act.
109. (1) Every registrar shall be entitled, if he sees fit so to do,
to require any person applying for the registration of any document
to prove its due execution, the identity of the property affected by the
document or of the parties to it and in case of a copy, other than the copy
of a judgment, decree or order of a court, the loss or destruction of the
original; and, where he may have reason to apprehend that a fraud has
been or is about to be committed on any person, he shall give notice
to that person of the intended registration in order to prevent the same
being effected to his prejudice.

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(2) If the registrar is satisfied upon inquiry that the document

was duly made, and, in the case of an authenticated copy, of the loss or
destruction of the original, and as to the identity of the property or the
parties, and that there is no reason to believe that a fraud has been or is
about to be committed, he shall, subject to the other provisions of this
Part, and the rules made under this Act, register the document, and the
registration shall take effect from the time of presentation.
(3) If he is not satisfied, he shall refuse to register the document,
and shall return the same unregistered, together with a statement of his
reasons in writing.
110. (1) A document, other than a judgment, decree or order of Plans.
a court, to which there is attached a map or plan which is not signed by 21 of 1953, s. 23,
58 of 1959, s. 29.
the Director of Surveys shall not be accepted for registration.
(2) Whenever a registrar considers that in regard to any document
presented for registration a description of the boundaries of any land,
sufficiently clear and accurate to prevent confusion, cannot be obtained
unless a plan is attached to the document, he may refuse to register the
document until a plan of the land the subject of the document, signed
by the Director of Surveys, is attached to the document, and presented
for registration therewith:
Provided that
(i) in the case of the refusal, if the document is presented
for registration together with a plan to the satisfaction
of the registrar within such time as the registrar considers reasonable under the circumstances of the case, the
document shall be deemed to have been registered at the
time of presentation;
(ii) an appeal shall lie against an order made by a
registrar under this subsection to the Principal Registrar,
and the Principal Registrar may reverse or alter the
order; and, if the order of the Principal Registrar
directs the document to be registered, the registrar
shall obey the same; but if the Principal Registrar confirms the order of the registrar his decision
thereon shall be final.
111. (1) Every document produced for registration shall contain Description of land in
embodied therein, or in a schedule annexed thereto, an accurate and documents.
clear description of the property affected thereby, and its boundaries, 39 of 1968, Sch.
extent and situation, and either a reference to the volume and folio of
the register in which the property has been previously registered or a

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reference to the conveyance, lease or licence from the Government

relating to the land affected by the transaction.
(2) If the property consists of a divided portion of land, the property
of the person alienating the same or any interest therein, the portion
shall be clearly and accurately defined by its particular boundaries and
extent, and accompanied by a plan signed by the Director of Surveys.
(3) If the property consists of an undivided share in immovable
property, the proportion which the same bears to the entire property shall
be stated, and a description of the property shall be given as required
by subsection (1).
Treatment of
documents
contravening section
111.

112. No document which does not state the particulars required

by section 111 shall be admitted to registration, except with the sanction
of the Principal Registrar upon the necessary particulars being supplied
by affidavit by the person producing the document for registration, and
on such other terms as the Principal Registrar may think expedient.

Appeal from order

refusing registration.

113. (1) An appeal shall lie against an order refusing to register

any document from the registrar to the Principal Registrar, and the
Principal Registrar may reverse or alter the order.
(2) Any person dissatisfied with the decision of the Principal
Registrar on an appeal under subsection (1) may, except as otherwise
provided in subsection (2) of section 110, appeal against the decision to
the High Court within thirty days from the decision being communicated
to him; and the registrar shall, in terms of the decision of the Principal
Registrar, or, in case of an appeal being taken, of the High Court on
appeal, register or refuse to register the document.
(3) If the Principal Registrar acting as a registrar refuses to register
any document, any person dissatisfied with the order refusing to register
the document may appeal against the order to the High Court within
thirty days from the date of the order; and the Principal Registrar acting
as a registrar, shall in the terms of the decision of the High Court on
appeal, register or refuse to register the document.

When registration
to take effect after
successful appeal.
58 of 1959, s. 30,
L.N. 559/1962.

114. (1) If the registration of the document is ordered by the

Principal Registrar of the High Court to be made on condition of
the payment of a fee for registration or other terms, then upon the
compliance of the person seeking registration with such condition or
terms the registrar shall register the document, and the same shall be
deemed to have been registered on the date of the compliance.

(2) If the Principal Registrar or the High Court on appeal decides

that the document should have been registered when originally tendered

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39

to the registrar, the document shall, upon registration, be deemed to

have been registered at the time of presentation.
115. If any document presented for registration is not written in Language of
documents.
English, the registrar shall refuse to register the same:
Provided that the registrar shall register any document not written
in English presented for registration under section 103.
116. (1) Any person claiming the right, whether contractual or
otherwise, to obtain an interest in any land, that is to say, some defined
interest in the land capable of creation by an instrument registrable
under this Act, and any person in whose favour a debenture has been
executed by a company within the meaning of the Companies Act,
or by a company to which Part X of that Act applies, (hereinafter
called the caveator) may lodge a caveat with the registrar forbidding
the registration of any document affecting the land either absolutely
or unless the transaction is expressed to be subject to the claim of
the caveator as may be required in the caveat, or to any conditions
conformable to law expressed therein.

Caveats.
58 of 1959, s. 31,
21 of 1990, Sch,
6 of 2006, s. 78.
Cap. 486.

(1A) For the prevention of any fraud or improper dealing or for

any other sufficient cause, the Registrar may lodge a caveat, which shall
be in the prescribed form forbidding the registration of any document
affecting the land the subject thereof absolutely and shall lodge a nonabsolute caveat over any property in respect of which he is informed
by the National Museums of Kenya that a declaration by the Minister
under the National Museums and Heritage Act has been applied for,
or is about to be gazetted or has been gazetted affecting the property
in question; and upon gazettement the caveat takes effect as a charge
over the land.
(2) A caveat lodged under subsection (1) shall be in the prescribed Form of caveat.
form and shall be verified by the oath of the caveator or his agent, and
shall contain an address in Kenya at which notices may be served.
(3) Upon the receipt of a caveat, the registrar shall make a Notice to caveatee.
memorandum thereon of the date and hour of the receipt thereof, and
shall enter a memorandum thereof in the register, and shall forthwith
send a notice of the caveat, by post or otherwise, to the person against
whose title the caveat has been lodged (hereinafter called the caveatee).
(4) So long as any caveat remains in force prohibiting the transfer Effect of caveat.
or other dealing with land, the registrar shall not, unless the caveator
consents or (if the caveat does not forbid registration absolutely) the
transaction is expressed to be made subject to the claim of the caveator
or to any conditions expressed in the caveat, enter in the register any

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memorandum of transfer or other instrument purporting to transfer or

otherwise deal with or affect the land in respect to which the caveat
is lodged.
Opposing caveat.

(5) The proprietor or other person claiming land may, by

summons, call upon the caveator to attend before the court to show
cause why the caveat should not be withdrawn, and it shall be lawful
for the court, upon proof that the caveator has been summoned, and
upon such evidence as the court may require, to make such order in
the premises, either ex parte or otherwise, as to the court seems fit;
and, where a question of right or title requires to be determined, the
proceedings shall be as nearly as possible in conformity with the rules
of court in relation to civil causes.

Removal of caveat.
L.N. 218/1986.

(6) Except in the case of a caveat lodged by the registrar, the

caveatee may make application in writing to the registrar to remove
the caveat, and thereupon, and upon payment of the prescribed fee,
the registrar shall give forty-five days notice in writing to the caveator
requiring that the caveat be withdrawn, and, after the expiration of
the notice, the registrar shall remove the caveat from the register by
entering a memorandum that the caveat is discharged, unless he has
been previously served with an order of the court extending the time
as herein provided.

Caveatee to give
address.

(7) The caveatee shall in an application under subsection (6) give

an address in Kenya at which notices and proceedings may be served.

Extension of time to
caveator.

(8) The caveator may, either before or after receiving such notice
from the registrar, apply by summons to the court for an order to extend
the time beyond the twenty-eight days mentioned in the notice, and
the summons may be served at the address given in the application of
the caveatee, and it shall be lawful for the court, upon proof that the
caveatee has been summoned and upon such evidence as the court may
require, to make such order in the premises, either ex parte or otherwise,
as the court thinks fit.

Withdrawal of
caveat.

(9) The caveator may, by notice in writing to the registrar,

withdraw his caveat at any time, but the withdrawal shall not prejudice
the power of the court to make an order as to payment by the caveator
of the costs of the caveatee incurred before the receipt by the caveatee
of notice in writing of the withdrawal of the caveat.

Registration of
withdrawal.

(10) An entry shall be made by the registrar in the register of the

withdrawal, lapse or removal of any caveat or of any order made by
the court.

No second caveat
relating to same
matter.

(11) It shall not be lawful for the same person or for anyone on
his behalf to lodge a further caveat in relation to the same matter and
against the same title.

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(12) Any person, other than the registrar, lodging or continuing Compensation for
any caveat wrongfully and without reasonable cause shall be liable to wrongful caveat.
make compensation to any person who may have sustained damage
thereby.
117. No document shall be registered unless the fee prescribed Fee and stamp duty
has been paid and, if the document is one which is liable to stamp duty, to be paid before
the document is duly and sufficiently stamped.
registration.
118. (1) Except as may be otherwise prescribed, the registrar shall Registration, how
cause a photostatic copy to be filed of every document accepted for effected.
registration, and in the case of a document within the proviso to section 58 of 1959, s. 32.
115 also of the translation, and shall also enter an abstract or note of
the document in such part of the volume of the register as relates to the
land affected by such document.
(2) Every photostatic copy shall bear the number of the volume
and folio in which the same is registered and the date of registration.
119. The registrar shall, immediately after registration, make and
sign an endorsement thereof in the prescribed form on the document
registered, and the filed photostatic copy thereof, and deliver the
original to the person who presented it for registration, or his agent or
representative.

Document when
registered to be
endorsed by registrar.
58 of 1959, s. 32.

120. The registrar may, upon such evidence as appears to him Errors in register may
sufficient, subject to any rules made under this Act, correct errors and be corrected.
supply omissions in the register or in any entry therein, and may call
in any outstanding instrument for that purpose.
121. (1) The registrar may at any time, after such inquiry and
notices, if any, as he may consider proper, and upon production of such
evidence as may be prescribed or as he may deem necessary, withdraw
from the register by cancellation or otherwise any document or entry
which he is satisfied has determined or ceased or been discharged, or
for any other reason no longer affects or relates to land registered under
this Part.

Cancellation of
determined entries
and destruction of
documents.
58 of 1959, s. 33.

(2) The registrar may also direct the destruction of any document
in his possession or custody which has become altogether superseded
by any entry in the register, or has ceased to have any effect.
122. For the purpose of inquiries under this Act, the Principal Power of registrar to
Registrar and any registrar shall have power to cite and examine hold inquiry.
witnesses upon oath or affirmation, and to call for the production of
any document material to the inquiry from the person having custody
of the document.

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Appeals to High
Court.
27 of l961, Sch.

123. Every appeal to the High Court under this Part shall be dealt
with and disposed of in such manner as the Chief Justice shall, by rules
of court, prescribe.

Certified copy of
Government grants,
etc., admissible in
evidence.

124. (1) A copy of any conveyance, lease or licence from the

Government registered in the registry, certified to be a true copy under
the hand of a registrar, shall be admissible in evidence of its contents
in all courts.

[Rev. 2010

(2) In the event of the loss or destruction of any document

registered under this Part, a copy certified under the hand of a registrar
shall be admissible in evidence as to its contents in all courts.
Certified copy of
entry in register to be
evidence.

125. Every certified copy of any entry in the register, purporting

to be signed by a registrar, shall be receivable in evidence in any case
without further or other proof thereof, unless it is alleged to be a forgery.

Registrar not to be
liable for anything
done in good
faith.

126. A registrar or a person acting under his orders shall not be

liable to any action, suit or proceeding for or in respect of any matter
done or omitted to be done in good faith under this Act.

Searches.
58 of 1959, s. 34.

127. Any person desiring information may apply either

(a) in person at the registry and, on completion of the prescribed
form and on payment of the prescribed fee, may inspect the
register relating to the title of documents mentioned in the
form; or
(b) by post on the prescribed form and on payment of the
prescribed fee, and the registrar shall then complete and
return to the applicant a postal search certificate limited to
the matters mentioned in the form.

Fees.

128. (1) Nothing in this Act contained shall make it obligatory

on a registrar to do any act or permit any act to be done in respect of
which a fee is prescribed, except on payment of the fee.
(2) The Principal Registrar may, in special cases and with the
consent of the President, remit or reduce any of the prescribed fees.

Application of
Cap. 285.

129. The Registration of Documents Act shall not apply to any

document registrable under this Part; but if any document relates both
to land registered under this Part and to other land, the document
shall be registered under this Act and also under the Registration of
Documents Act.

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130. (1) When any person without right, title or licence, or whose
right, title or licence has expired or been forfeited or cancelled, is in
occupation of unalienated Government land, the Commissioner or
some person appointed by him in writing may enter a suit in any court
of competent jurisdiction to recover possession thereof.

Recovery of
Government lands in
unlawful occupation.
39 of 1968, Sch.

Part XIMiscellaneous Provisions

(1) Legal Procedure, Etc.

(2) If on the hearing of a plaint under this section the defendant

does not appear, or appears but fails to establish to himself an absolute
right or title to the possession of the land, the court shall order that
possession of the land sought to be recovered be given by the defendant,
either forthwith or on or before such a day as the court thinks fit to name,
and that the defendant do pay the costs; or, if it is shown, by or on behalf
of the plaintiff to the satisfaction of the court hearing the plaint, that
the title under which the defendant claims has, as between himself and
the Republic of Kenya, expired or been forfeited or cancelled, the court
shall declare the title to be extinguished, and may order that possession
of the land sought to be recovered be given by the defendant to the
plaintiff, either forthwith or on or before such a day as the court thinks
fit to name, and that the defendant do pay the costs.
131. In any action, suit or proceedings against any person for
or in respect of any alleged unlawful occupation of, use of or trespass
upon any unalienated Government land, the proof that the occupation
or use in question was authorized by the provisions of this Act, or
of any other Act or law, or of any order, regulation or rule made in
pursuance thereof, shall lie on the defendant, and in every such action,
suit or proceeding and in any action by or against the Government in
which title to land is in issue the averment that any land in question is
unalienated Government land shall be sufficient without proof of such
fact, unless the defendant proves the contrary, and all maps, plans,
licences, certificates and copies certified as true under the hand of the
Commissioner or the Director of Surveys shall be sufficient evidence
of their contents without production of original records, and without
the personal attendance of such officers, or proof of their signatures.

Evidence in
proceedings under
Part.
21 of 1953, s. 24,
39 of 1968, Sch.

132. In any action, suit or proceeding to which the Government

is a party, no right or title to the possession of land within such parts
of Kenya as are at the commencement of this Act within the former
Protectorate, claimed under and in accordance with Mohammedan
law, shall be recognized as against the Government unless the person
claiming such right or title not only establishes in himself such right
or title but also proves to the satisfaction of the court that he or some
predecessor in title was in possession or was entitled to possession of
the land before the 14th December, 1895.

As to title claimed
under Mohammedan
law.
39 of 1968, Sch.

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133 to 135. (Repealed by 21 of 1968, s. 46.)

Institution and
conduct of actions.
21 of 1968, s. 46.

136. (1) All actions, unless brought on behalf of the Government,

for anything done under this Act shall be commenced within
one year after the cause of action arose and not afterwards.
(2) Notice in writing of the action, and the cause thereof, shall be
given to the defendant one month at least before the commencement
of the action.
(3) In every action, the defendant may plead the general issue, and give
this Act and the special matter in evidence at the trial to be had thereupon.
(4) No plaintiff shall recover in the action if tender of sufficient
amends has been made before action brought, or if a sufficient sum of
money has been paid into court by or on behalf of the defendant after
action brought, together with the costs incurred up to that time.

Service of notice.
49 of 1960, s. 14.

137. A notice served personally on the person to be served or sent

by registered letter to his last known address, or published once in the
Gazette, shall be deemed to be good service for the purposes of this Act.
(2) Prohibitions and Offences

Offering money to
abstain from bidding
an offence.

138. Every person who directly or indirectly offers or proposes

to accept or receive money or other valuable consideration as an
inducement to abstain from bidding or competing as a purchaser or
intending purchaser of Government land, or of any lease or licence of
such land, advertised for sale by public auction, and whether or not the
land or the lease or licence is actually put up for sale, shall be guilty of
an offence and liable to imprisonment for a term not exceeding twelve
months or to a fine not exceeding six thousand shillings.

Actual receipt of
money therefor an
offence.

139. Every person who actually receives money or other valuable

consideration for abstaining from bidding for or competing for the
purchase of Government land or of a lease or licence of such land which
has been advertised for sale by auction, and whether or not the land
or the lease or licence is actually put up for sale, shall be guilty of an
offence and liable to imprisonment for a term not exceeding two years
or to a fine not exceeding fifteen thousand shillings.

Penalty for false

declaration.

140. Any person who, in any declaration made or subscribed

under or for any purpose of this Act, makes any statement which is
false and which he either knows or believes to be false or does not
believe to be true, touching any point material to the object for which
the declaration is made, used or required, shall be guilty of an offence

Rev. 2010]

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45

and liable to imprisonment for a term not exceeding three years or to a

fine not exceeding six thousand shillings or to both.
141. (1) The Commissioner, or any person authorized by him
in writing in that behalf, may at all reasonable times and after giving
reasonable notice (save as hereinafter provided) enter with any necessary
assistants, servants, conveyances and appliances upon any land or
premises sold, leased or occupied under licence, and may do all such
acts thereon as are necessary or incidental to the exercise of the powers
or the performance of the duties granted or imposed by this Act, or
as may be prescribed in any grant under this Act or the Crown Lands
Ordinance, 1902:

Power to enter land

in execution of duty.
21 of 1953, s. 25.

21 of 1902.

Provided that a valuer or land ranger duly appointed and

authorized under section 5 entering such land or premises between
sunrise and sunset shall not be required to give such notice, but shall,
if required by the owner or occupier thereof, produce and show the
authority under which he claims to enter or has entered such land or
premises.
(2) Whenever the exercise or performance of the powers or duties
referred to in subsection (1) renders it necessary or desirable so to do,
the Commissioner or his duly authorized officers shall be empowered
together with his or their other assistants, servants, conveyances and
appliances as aforesaid to go upon and encamp on any uncultivated site,
not being within one quarter of a mile of a dwelling house, on or in the
vicinity of the land or premises in respect of which the powers or duties
are being exercised or performed, and shall be allowed access with their
servants to the nearest available source of potable water.
(3) A person who wilfully obstructs, interferes with or impedes
any officer or person in the exercise of his powers under this section, or
in the performance of his duties, shall be guilty of an offence and liable
to a fine not exceeding one thousand shillings or to imprisonment for
a term not exceeding three months or to both.
142. A person who unlawfully occupies unalienated Government Penalty for
land, in any manner whatsoever, shall be guilty of an offence and liable unauthorized
occupation of
to a fine not exceeding one thousand five hundred shillings.

unalienated
Government land.
39 of 1968, Sch.

143. A person who, without the authority of the Commissioner,

deposits or causes to be deposited upon unalienated Government land
any rubbish, refuse, offal, manure, earth or any matter whatsoever,
whether rubbish or otherwise, shall be guilty of an offence and liable to a
fine not exceeding three thousand shillings, and all expenses incurred in

No rubbish to
be deposited
on unalienated
Government land.
58 of 1959, s. 35,
39 of 1968, Sch.

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the removal of such matter may be recovered from that person as a civil
debt recoverable summarily upon the complaint of the Commissioner.
Penalty for
obstructing roads and
ways.
39 of 1968, Sch.

144. A person who, by materials of any kind, wilfully obstructs

a road, street, highway or waterway on Government land, except by
gates approved by the Minister, so as to hinder the free passage of any
person, carriage or vessel thereon, shall be guilty of an offence and
liable to a fine not exceeding three thousand shillings, in addition to
the expense of removal, and it shall be lawful for a magistrate, land
ranger, police officer or person authorized in writing by any magistrate
without a warrant forthwith summarily to remove and prevent every
such obstruction, at the cost of the party causing the same.

Purchaser or lessee
not to impound stock
unless land fenced.

145. No purchaser or lessee of Government land, and no

person occupying Government land under a licence or agreement
to purchase, shall impound any stock trespassing upon the land,
unless the land or the portion thereof trespassed upon was, at the date
of the trespass, enclosed with a fence reasonably sufficient to keep
out stock; but nothing in this section shall apply to any trespass
knowingly or wilfully caused by the owner or person in charge of
stock, or shall be deemed to affect or limit the provisions of the Animal
Diseases Act.

Cap. 364.

(3) Compensation and Arbitration

Compensation and
arbitration.

146. All claims for compensation in respect of any matter arising

under this Act or any Act repealed by this Act shall, unless the sum to be
paid is agreed upon between the person claiming and the Commissioner,
be referred to arbitration.

Procedure in
arbitration.
49 of 1960, s. 15,
4 of 1999, s. 64.

147. (1) Where it is provided by this Act or otherwise agreed

that any dispute arising under this Act shall be referred to arbitration,
then the reference shall be to the Land Arbitration Tribunal hereinafter
established.
(2) There shall be established a tribunal to be known as the Land
Arbitration Tribunal which shall consist of five members appointed by
the Minister as follows
(a) a chairman who shall be an advocate of the High Court of
Kenya of not less than 15 years standing, appointed by the
Minister from a list of not more than ten nominees proposed
by the Law Society of Kenya at the request of the Minister:
(b) two persons one of whom shall be a valuer registered under
the Valuers Act (Cap. 532) and the other an estate agent
registered under the Estate Agents Act (Cap.533), of not less

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than ten years standing.

(c) two persons who shall be prominent businessmen of not
less than twelve years standing; and
(d) one person who shall be a prominent farmer of not less than
12 years standing.
(3) Each of the persons specified in the foregoing under paragraphs
(b), (c) and (d) of subsection (2) shall be appointed by the Minister from
lists of Nominees submitted to him at his request, by such bodies as are
for the time being recognised by the Government as being representative
of the professions, occupations or interests respectively specified.
(4) The Minister shall appoint a secretary and such other officers
of the Tribunal as may be appropriate.
(5) The quorum of any meeting of the Tribunal shall be three
members of whom one shall be the chairman and one shall be a registered
estate agent or valuer and the third shall, where the land which is the
subject matter of the reference is
(i) agricultural land, be the prominent farmer;
(ii) residential, commercial or industrial, be the
businessman; and
(iii) is of any other user, be any one of the remaining
members.
(b) During the illness or temporary absence from Kenya of the
chairman or any other member of the Tribunal, the Minister
may
(i) in the case of the chairman, nominate any of the advocates
proposed under subsection (2) (a) to act as temporary
chairman; and
(ii) in the case of any other member, nominate a person
qualified under paragraphs (b), (c) or (d) of subsection
(2) to be a temporary member of the Tribunal.
(6) A member of the Tribunal shall hold office for a period of
three years and shall be eligible for reappointment for a further term
of three years.

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(7) A member of the Tribunal may

(a) at any time resign from office by notice in writing addressed
to the Minister;
(b) be removed from office by the Minister if such member
(i) has been absent from three consecutive meetings of the
Tribunal without permission from the chairman;
(ii) is adjudged bankrupt or enters into a composition scheme
of arrangement with his creditors;
(iii) is convicted of an offence involving fraud or dishon
esty;
(iv) is incapacitated by prolonged physical or mental
illness; or
(v) is otherwise unable or unfit to discharge his functions.
(8) The Tribunal may, in any reference pending before it in which
a question may arise requiring any special skill or knowledge regarding
the use to which the land concerned is being put appoint one or more
competent assessors to attend and assist the Tribunal accordingly.
(9) Every assessor shall be summoned in such manner as the
Tribunal may direct, and shall receive such fees for attendance as the
Minister may direct.
(10) The members of the Tribunal shall not be personally liable
for any act or default of the Tribunal done or committed in good faith
in the course of exercising the powers conferred by this Act.
(11) Where a reference to the Tribunal falls within the provisions
of section 75 (2) of the Constitution, the party dissatisfied with the
decision of the Tribunal may appeal to the High Court in the manner
prescribed in the Constitution on any of the grounds of the reference to
the Tribunal and on any of the following grounds namely
(a) that the decision of the Tribunal was contrary to law or to
some usage having the force of law;
(b) that the decision failed to determine some material issue of
law or usage having the force of law; or

Rev. 2010]

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49

(c) that a substantial error or defect in the procedure provided

by or under this Act has produced an error or defect in the
decision of the case upon its merits.
(12) A party to an appeal to the High Court under subsection (11)
who is dissatisfied with the decision of the court thereon may appeal to
the Court of Appeal on a question of law.
(13) Every party shall pay his or its costs of the reference, and the
costs of and incidental to the appointment of an assessor or assessors
shall be paid equally by the parties to the arbitration.

(4) Rules and Saving

148. (1) Whenever in any section of this Act the word prescribed
is used in connexion with any matter referred to in the context, the
Minister may make rules for the purpose of giving effect to the
provisions of that section.

Rules.
21 of 1953, s. 27,
58 of 1959, s. 36,
39 of 1968, Sch.

(2) The Minister may make rules generally for the better carrying
out of the provisions of this Act, and, without prejudice to the generality
of the foregoing power, those rules may make provision
(a) for prescribing fees for any document or thing issued or
done under the authority of this Act;
(b) for prescribing the form of and the condition and mode
of applying for land or for licences and leases to be issued
under this Act;
(c) for providing for all proceedings, forms of leases, licences
and other instruments, and for the execution of all other
matters and things arising under and not inconsistent with
this Act and not herein expressly provided for;
(d) for the care, management and protection in every manner
of all unoccupied Government lands;
(e) for prescribing the fees and charges which shall be levied in
respect of any act, matter or thing to be done by a registrar
or in the registry, and generally for the better carrying out
of the purposes of Part X of this Act;
(f) for prescribing or regulating any matter or thing in relation
to any sale, lease, licence or agreement under the Crown
Lands Ordinance, 1902, or anything done or to be done under
that Ordinance which might lawfully have been prescribed
under that Ordinance.

21 of 1902.

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(3) Any rules under this Act may provide for their enforcement by
penalties not exceeding in any case one thousand five hundred shillings.
Saving respecting
Ordinance.
21 of 1902.
21 of 1953, s. 28,
49 of 1960, s. 12,
L.N. 559/1962.

149. (1) So far as consistent with this Act, the repeal of the Crown
Lands Ordinance, 1902,* shall not affect
(a) the past operation of that Ordinance;
(b) any agreement, lease or licence heretofore granted or agreed
to be granted under that Ordinance;
(c) any estate, right, title, interest, power, duty, obligation,
liability or burden of proof created or imposed by or acquired
or exercisable under that Ordinance in respect of or under or
in relation to such agreement, lease or licence;
(d) anything lawfully done or commenced or agreed or
authorized to be done under or in pursuance of that Ordinance
in respect of or under or in relation to any such agreement,
lease or licence;
(e) any divisions, exchanges, proclamations, reservations,
rules, grants, appointments, payments, surveys, surrenders,
disabilities, acts, proceedings, matters and things lawfully
made, had, done, created or authorized by, under or in
pursuance of that Ordinance.
(2) All the matters and things mentioned in the several paragraphs
of subsection (1) are, so far as consistent with this Act, hereby preserved
and continued and declared to be of the same force and effect as if the
Ordinance were still in force, or as if they were under this Act, as the
case may require.
(3) Notwithstanding anything contained in subsections (1) and
(2), or in any grant, lease or licence under the Crown Lands Ordinance,
1902
(a) land sold under that Ordinance shall not be liable to
forfeiture under section 9 of that Ordinance;
(b) instead of section 23 of that Ordinance, sections 86 to 90
(inclusive) of this Act shall apply in relation to entry upon
land comprised in any such grant, lease or licence;
(c) paragraph (d) of section 14, and sections 24 to 29 (inclusive),
of that Ordinance shall cease to have effect;
*The Crown Lands Ordinance, 1902, was repealed by this Act. For the sake of
convenience, it is produced immediately after this Act.

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(d) where any grant, lease or licence incorporates, by reference

thereto, any of the provisions of sections 24,25 and 26 of
that Ordinance, the rights conferred on the Commissioner
by those provisions shall not be exercisable.
(4) Except where otherwise provided, all offences committed, and
penalties, forfeitures and liabilities incurred, before the commencement
of this Act, or which may hereafter be committed or incurred, in respect
of any matter or thing under or against the Crown Lands Ordinance,
1902, may be tried, punished, inquired into and enforced as if that
Ordinance were still in force.
(5) All fees chargeable under the Crown Lands Ordinance, 1902,
shall, until other provision is made, continue to be payable for the like
matters done under this Act.
(6) Whenever in any Act, regulations, rules, proclamation or
document any reference is made to the Crown Lands Ordinance, 1902,
such reference shall be read and construed as if this Act had been
included in that reference.

FIRST SCHEDULE

(ss.32 and 33)

1. The nature and value of improvements to be effected and maintained

on land leased for agricultural purposes are
Area of
farm

Minimum value of
improvements to be
effected within first
3 years of the lease

Nature of
improvement

Value of additional
improvements to
be effected within
first 5 years of the
lease

Nature of
additional
improvements

(a) 300
acres
or
under

Sh. 20 per acre,

with a minimum of
Sh. 600

Permanent

Sh. 10 per acre,

with a minimum
of of Sh. 300

Permanent

(b)
Over
300
acres

(i) Sh. 6,000

Permanent

(i) Sh. 3,000

Permanent

(ii) in addition Sh.

4 per acre in respect
of every acre over
300 acres

Permanent
and/or
non permanent

(ii) in addition
Sh. 2 per acre in
respect of every
acre over 300
acres

Permanent
and/or
nonpermanent

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First Schedule (Contd.)

2. For the purposes of this Schedule, permanent improvement means
farm buildings of all descrip
tions

laying out and cultivating

fencing

water boring

water furrows

water races

planting trees or live hedges

sheep or cattle dips

walls

embankments or protective works

of any kind

wells
draining land or reclamation of
swamps
road-making

gardens and nurseries

planting of long-lived crops

water tanks
irrigation works

bridges

fixed machinery

clearing of land for agricultural

purposes

reservoirs
dams of a permanent nature:

Provided that in estimating the value of improvements there shall be

excluded the value of any dwelling-house which is not occupied by the lessee
or by some person employed by the lessee in connexion with his operations
on the land leased.
3. For the purposes of this Schedule, non-permanent improvement
means
livestock
agricultural implements and machinery, and all apparatus and plant
used in farming operations on the land leased
dairy appliances,
provided
(a) the stock, implements or other article or thing above mentioned is
the property of the lessee; and
(b) the lessee or his manager or agent, if so required by the Commissioner
or a land ranger, makes and signs a declaration that such stock, implement or
other article or thing is the property of the lessee.

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53

(s. 83)

Schedule of minerals referred to in subsection (4) of section 83

clay, other than kaolin

shale

country rock shingle

gravel slate
lime surface salt.
sand
THIRD SCHEDULE

(s. 83)

Schedule of the minerals which may be used by purchasers, lessees and

licensees subject to the provisions of subsection (6) of section 83
salt nitrate of soda
carbonate of soda

sulphate of ammonia.

FOURTH SCHEDULE

43)

Kibera Settlement Area

An area of land of approximately 550 acres adjoining Kibera Station
reserve in the City of Nairobi and lying on both sides of the 200 ft. wide
railway reserve of the main Nairobi-Nakuru line. The boundaries of the Kibera
Settlement Area are described as follows:
Commencing at the intersection of the centre line of the Motoine
River with the north-eastern boundary of the Ngong Road Forest;
thence north-westerly by that forest boundary on a true bearing of
3340 35 00 for a distance of approximately 1,610 ft. to a beacon BSI
at the easternmost corner of L.R. No.7710;
thence continuing north-westerly by the north-eastern boundaries of L.R.
No.7710 and 9141 on the same true bearing of 3340 35 00 for a distance of
2,158.16 ft. to a beacon MBX;
thence easterly by a straight line on a true bearing of 880 08 07 for a
distance of 7,338.53 ft. to a beacon T5 at the westernmost corner of L.R. No.
209/4202;
thence south-easterly by the south-western boundary of L.R. 209/4202
on a true bearing of 1640 05 41 for a distance of 1,183.07 ft. to a beacon
T7a on the northern boundary of the railway reserve, and continuing by the
same true bearing of 1640 05 41 for a distance of 95.62 ft. to a beacon T7;
thence on a true bearing of 1450 05 53 for a distance of 109.19 ft. to a
beacon T7b on the southern boundary of the railway reserve;

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Fourth Schedule(Contd.)
thence south-easterly by the south-western boundary of L.R. No.
209/4204 continuing on the same true bearing of 1450 05 53 for a distance
of 848.68 ft. to a beacon T9;
thence continuing south-easterly by the same boundary of L.R. No.
209/4204 on a true bearing of 1320 17 05 for a distance of 681.82 ft. to a
beacon T10b at the southernmost corner of that portion;
thence by a straight line due south for a distance of approximately 1,770
ft. to its intersection with the centre line of the Motoine River;
thence generally north-westerly and westerly up-stream by the centre
line of that river to the point of commencement;
Excepting nevertheless from the above area the 200 ft. wide railway
reserve of the main Nairobi-Nakuru line and the Kibera Station reserve.
The above boundaries are more particularly delineated, and the area
cross-hatched yellow, on Boundary Plan No. 183/22 which is signed, sealed
with the seal of Survey of Kenya and deposited at the Survey Records Office,
Survey of Kenya, Nairobi.

21 of 1902.

THE CROWN LANDS ORDINANCE, 1902

(Reproduced for easy reference)
1. This Ordinance may be cited as the Crown Lands Ordinance, 1902.
2. All conveyances, leases and licences for the temporary occupation of
Crown land made on behalf of His Majesty shall be made, and all proceedings,
notices, and documents under this Ordinance shall be taken or drawn, in the
name of the Commissioner, and save as therein otherwise provided shall be
deemed to be made under and subject to the provisions of this Ordinance and
of any rules for the time being in force under this Ordinance.
3. A conveyance, lease, or licence for the temporary occupation of Crown
land under this Ordinance shall not confer any right to minerals in or under the
said land, or to the waters of any river or lake.
Sales
4. The Commissioner shall not sell to any purchaser more than 1,000
acres of Crown land in one lot without the approval of the Secretary of State,
but nothing herein shall invalidate any sale.
5. (1) Where an agreement has been entered into for the sale of Crown
land and the portion of the price therein mentioned paid the land shall vest in
the purchaser, but the Commissioner shall have a lien on the land for the balance
of the purchase money.

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(2) If the balance of the purchase money is not paid within six months
from the date of the agreement, or within such other period as may be specified
in the agreement, the land shall revert to the Commissioner, and all money paid
shall be forfeited.
(3) No purchaser of Crown land shall be entitled to a conveyance until
the whole of the purchase money has been paid.
6. The Commissioner may require a purchaser of Crown land to erect
reasonable boundary-marks. If any purchaser of Crown land under the Ordinance
fails to erect such boundary-marks as may be prescribed, the Commissioner
may direct their erection, and may recover the cost of their erection from the
purchaser.
7. Any purchaser of Crown land who fails to maintain, and any person,
whether the owner of the land or not, who moves, or attempts to move, or in
any way tampers with the boundary-marks of land purchased from the Crown,
shall be guilty of an offence, and shall be liable to a fine not exceeding 1,000
rupees, or to two months imprisonment of either kind, or both.
8. The Commissioner may at any time enter upon and view the state of
any land sold under the provisions of this Ordinance.
9. (1) If any land sold under the provisions of this Ordinance appears
to the Commissioner to have been unoccupied for a period exceeding twelve
months, he may give notice that, if within the next six months the owner does
not appear and afford reasonable proof that he intends to use and develop the
land to a reasonable extent, the land will be forfeited.
(2) Such notice shall be published in the Gazette, and a copy shall be
affixed to the land, and, if the address of the owner of the land is known, a copy
shall be sent by post to him at that address.
(3) If the owner does not appear within the six months, or if, having
appeared, he fails to afford reasonable proof that he intends to use and develop
the land to a reasonable extent the Commissioner shall by notice in the
Gazette declare the land forfeited, and the land shall thereupon revert to the
Commissioner.
Leases
10. No lease of Crown land shall exceed ninety-nine years.
11. In the absence of special provision to the contrary contained in the
lease, all buildings on Crown land leased, whether erected by the lessee or
not, shall, on the determination of the lease, pass to the Commissioner without
payment of compensation.
12. In every lease under this Ordinance there shall by virtue of this
Ordinance be implied covenants by the Commissioner:

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(a) That he has full power to grant the lease.

(b) That the lessee, paying the rent and fulfilling the covenants therein
contained, shall quietly hold and enjoy the premises without any
lawful interruption by the Commissioner or any person claiming
under him, except so far as the laws in force for the time being in
the Protectorate may permit.
13. In every lease under this Ordinance there shall, by virtue of this
Ordinance, be implied covenants by the lessee:
(a) That he will pay the rent or royalties thereby reserved at the time,
and in the manner therein provided.
(b) That he will pay any taxes or charges that may be imposed upon
the land or on the buildings or huts thereon.
(c) That he will allow the Commissioner, or any person acting under
his directions or in virtue of his duties as a public officer of the
Protectorate, to enter and view the land leased.
14. Except where expressly varied or excepted, there shall, by virtue of
this Ordinance, be implied in every lease under this Ordinance covenants by
the lessee:
(a) Not to assign, except by will, the land leased, or any part thereof,
without the previous consent of the Commissioner.
(b) To keep in reasonable repair all buildings erected before the
commencement of and included in the lease.
(c) To allow roads made by the lessee upon the land leased to be used
for the public service.
(d) *To permit travellers to encamp with their servants, animals,
waggons and baggage, for a period not exceeding forty-eight hours,
on any part of the land leased which is uncultivated, and which is
not within a quarter of a mile of a dwelling-house, and to allow
them access, with their servants and animals, to any river, stream
or lake upon the land leased.
(e) To use and develop the natural resources of the land leased with all
reasonable speed, having regard to all the circumstances of the case.
15. In all building leases granted under this Ordinance there shall, by
virtue of this Ordinance, be implied, unless such covenants are expressly varied
or excepted, covenants by the lessee:
(a) To erect the buildings specified in the lease and in the manner and
within the period therein provided.

* This paragraph has ceased to have effect by virtue of section 149 (3) (c) of the
Government Lands Act.

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(b) To erect such buildings of good and substantial materials, having

regard to all the circumstances.
(c) To provide reasonable drainage and water supply, having regard
to the situation and purpose of the building and the health of the
neighbourhood.
(d) To keep the buildings erected in good and substantial repair.
(e) To deliver up the buildings in good and substantial repair on the
determination of the lease.
16. In all leases under this Ordinance of areas of land for the purposes
of agriculture or breeding or raising cattle, or for the growth of india-rubber,
cotton, tobacco or other vegetable productions, or as a timber forest, there shall,
by virtue of this Ordinance, be implied, unless such covenants are expressly
varied or excepted, covenants by the lessee:
(a) To improve and develop the resources of the land in a prudent and
business-like manner, and to abstain from the undue destruction or
exhaustion of any timber, trees or plants for the sale or cultivation
of which the land is leased.
(b) That the lessee, his servants and agents, will not interfere with
the settlements or villages of the natives, or with land allotted for
native settlements or villages, and, so far as possible, will avoid all
quarrels with the natives in or near the land leased.
(c) To refer disputes between the lessee, his servants or agents, and
the natives in villages or settlements in or near the land leased to
the Collector of the district.
17. Every covenant, whether express or implied, in a lease under this
Ordinance, which is binding upon a lessee, shall, unless it is otherwise provided
in the lease, be binding upon all persons claiming an interest in the land leased
whose title is derived through or under the lessee.
18.* (1) If the rent or royalties or any part thereof reserved in a lease
under this Ordinance shall at any time be unpaid for the space of twenty-one
days after the same has become due, or if there shall be any breach of the
lessees covenants, whether express or implied, the Commissioner may serve a
notice upon the lessee specifying the rent or royalties in arrear or the covenant
of which a breach has been committed, and at any time after one month from
the service of the notice may commence an action in the High Court for the
recovery of the premises, and, on proof of the facts, the High Court shall, subject
to relief upon such terms as may appear just, declare the lease forfeited, and
the Commissioner may re-enter upon the land.
(2) The notice shall either be served personally upon the lessee, or shall
be published in the Gazette, and a copy thereof affixed to the premises.
*Powers of the Commissioner under this section delegated to the Commissioner
of Lands (Cap. 155 (1948), Sub. Leg.)

57

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19. For any breach of covenants by the Commissioner, whether express

or implied, in a lease under this Ordinance, the lessee shall be entitled to
commence an action for damages.
Licences for Temporary Occupation
20. (1) The Commissioner may issue licences to natives, or to such other
persons, not being Europeans or Americans, as he may think fit, to occupy Crown
land and to erect thereon a hut or huts or other temporary erection.
(2) A licence under this section shall not permit the occupation of more
than five acres of land.
(3) Unless it is expressly provided otherwise, a licence under this section
shall continue for one year and thenceforward until the expiration of any three
months notice to quit:
Provided that such notice to quit may be served upon the licensee at any
time after the expiration of nine months from the date of the licence.
(4) The rent payable under any licence under this section shall be payable
monthly, or at such other period as the licence shall provide.
(5) The benefit of a licence under this section may, with the consent
of the Commissioner, be transferred by the licensee, and such transfer and the
consent thereto shall be endorsed on the licence.
21. The occupant of any Crown land under a licence under section 20
may remove any hut or other building erected by him during his occupation of
the land at any time before the licence expires.
22. If the rent payable under any licence granted under section 20 is
unpaid for one month after it became due, or if any tax or taxes imposed upon
the land, or upon the huts erected on the land, or upon the licensee, are unpaid
for two months after they became due, or if the occupant of such land fails to
keep the land in a reasonably clean condition, the Commissioner may eject the
licensee from the land, and the licence shall be forfeited.
Compensation
23.* (1) The Commissioner may at any time enter upon any land sold or
leased under this Ordinance, and there set up telegraph poles and place telegraph
lines across such land, or may lay sewers, water-pipes, or electric lines therein,
without paying compensation, but making good all damage.
(2) The Commissioner shall not be entitled under this section to interfere
with any dwelling-house.

* By virtue of section 149 (3) (b) of the Government Lands Act, sections 86 to
90 of that Act now apply in place of this section.

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59

24. Where any sale or lease of land under this Ordinance transfers more
than 100 acres the Commissioner may at any time hereafter enter upon such
land and construct railways, canals and roads for the benefit of the public across
such land without making compensation for the land, but compensation shall
be payable for all buildings destroyed or damaged.
25. Where any sale or lease of land under this Ordinance transfers less
than 100 acres, the Commissioner may at any time hereafter enter upon such
land and construct railways, canals and roads for the benefit of the public across
such land, paying compensation for the land.

26. The Commissioner may at any time hereafter enter upon any land
sold or leased under this Ordinance, and there construct railway stations, sidings
or any other public works, paying compensation for the land.
27. (1) The Commissioner may at any time hereafter enter upon any land
sold or leased under this Ordinance, and take therefrom stone and other materials
for the making or repairing of roads, railways, canals or other public works.
(2) If the materials are taken from cultivated land, compensation shall
be payable by the Commissioner, but not otherwise.
28. The Commissioner may by writing under his hand authorize
contractors, their servants and agents, to exercise the powers conferred upon
him by sections 23-28 inclusive of this Ordinance.
General
29.* (1) Travellers shall be allowed to encamp with their servants,
animals, waggons, and baggage, for a period not exceeding forty-eight hours,
on any land purchased or leased from the Crown under this Ordinance, which
is uncultivated, and which is not within a quarter of a mile of a dwelling-house,
and shall be allowed access with their servants and animals to any river, stream,
or lake upon the land.
(2) Any person refusing to allow travellers to encamp, or to have access
to water, under this section, or interfering with travellers who are encamped,
or any traveller refusing after request from the owner or lessee of the land to
depart after the expiration of the forty-eight hours, or interfering in any way
with the comfort or convenience of the owner or lessee of the land, shall be
guilty of an offence, and shall be liable to a fine not exceeding 1,000 rupees or
to imprisonment of either kind not exceeding two months or to both.
30. In all dealings with Crown land regard shall be had to the rights and
requirements of the natives, and in particular the Commissioner shall not sell
or lease any land in the actual occupation of the natives.

These sections have ceased to have effect, by virtue of section 149 (3) (c) of
the Government Lands Act.
*This section has ceased to have effect, by virtue of section 149 (3) (c) of the
Government Lands Act.

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31. (1) The Commissioner may grant leases of areas of land containing
native villages or settlements without specifically excluding such villages or
settlements, but land in the actual occupation of natives at the date of the lease
shall, so long as it is actually occupied by them, be deemed to be excluded
from the lease.
(2) The Commissioner may allot for the purpose of native settlements or
villages portions of the land so leased, and when and so long as these portions
are so occupied, they shall be deemed to be excluded from the lease.
(3) Any land within an area leased which has been in the occupation of
natives shall, on ceasing to be so occupied, pass to the lessees.
(4) Disputes between lessees of land and natives occupying land within
or near the area leased shall be referred to the Collector of the district.
(5) Claims by lessees for reduction of rent on account of diminution of
the amount of land leased, or for other compensation on account of the exercise
of the powers conferred by this section, and claims by the Commissioner for
an increase of rent on account of the vacating of land formerly occupied by
natives, shall be referred to the arbitration of a Judge of the High Court under
section 525 of the Indian Code of Civil Procedure.
(6) Any doubts that may arise as to whether any land is or is not included
in any native settlement or village, or in lands allotted for that purpose, shall
be decided by the Collector of the district.
(7) Either the lessee of the land or the natives, if dissatisfied with the
decision of the Collector, may appeal to the Sub-Commissioner of the province,
whose decision shall be final.
32. (1) In all conveyances, leases and licences for the temporary
occupation of Crown land, and in all agreements, notices and documents relating
to such land, Commissioner shall include the holder of that office for the time
being, a person duly appointed to act for him, and a person lawfully exercising
for the time being the powers and authorities of that office.
(2) In this Ordinance, in all rules made hereunder, and in all conveyances,
leases and licences for the temporary occupation of Crown land, and in all
agreements, notices and documents relating to such land, purchaser and
lessee, unless it is otherwise specified, or unless the context otherwise requires,
include personal representatives and assigns.
33. The Commissioner may make rules with regard to the following
matters, and generally for carrying into effect the provisions of this Ordinance,
and may apply such rules in whole or in part to the whole or to any district or
districts of the Protectorate:(a) The procedure to be followed in the case of applications for a
conveyance, lease or licence for the temporary occupation of Crown
land respectively.

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(b) The officers by whom, and the manner in which, the powers
conferred by this Ordinance shall be carried out.
(c) The survey of Crown land for a conveyance, lease or licence for
the temporary occupation of which an application is made, and
prescribing the fees to be paid for such survey by the applicant.
(d) The demarcation and maintenance of the boundaries of Crown
land which is sold, let, or temporarily occupied under a licence.
(e) The procedure to be followed where land sold under the provisions
of this Ordinance is forfeited under section 9.
(f) The procedure to be followed for the settlement and payment of
compensation under this Ordinance.
34. The Commissioner may by rules under this Ordinance prescribe the
forms of conveyances, leases, and licences for the temporary occupation of
Crown land, and of all other documents or notices under this Ordinance, and
from time to time may vary, change, or withdraw the prescribed forms:
Provided that nothing herein shall prevent the Commissioner from
departing from the prescribed form in any particular instance.
35. The East Africa Land Regulations, 1897, are hereby repealed.

61

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[Subsidiary]

SUBSIDIARY LEGISLATION
Cap. 155 (1948),
Sub. Leg.

Authorization under section 84

Cap. 155 (1948),

Sub. Leg.

Authorization under section 88

The Permanent Secretary for Works is authorized to exercise the rights

reserved to the Government by section 83 of the Act, to the extent that the
powers of entry conferred by that section shall be exercised only for the purpose
of searching for and removing any of the minerals mentioned in the Second
Schedule to the Act required for a public purpose.

The Permanent Secretary for Works and his contractors, and their servants
and agents, are authorized to exercise the powers conferred by sections 86
and 87 of the Act, to the extent that the powers of entry so conferred shall be
exercised only for the purpose of laying water-pipes, the doing of any work
which may be considered necessary for maintaining or improving the flow of
water in any river or stream and the construction and maintenance of dams or
the diversion of any river or stream.
Rules of Court under section 123
Cap. 155 (1948),
Sub. Leg.
Citation.

THE GOVERNMENT LANDS (APPEALS) RULES

1. These Rules may be cited as the Government Lands (Appeals) Rules.

Lodging appeal.

2. An appeal from a decision or order of the Principal Registrar from

which an appeal lies to the High Court may be lodged in the High Court in the
same manner as an appeal from a subordinate court.

Notice to Principal
Registrar.

3. On an appeal being lodged under rule 2 the Registrar of the Court shall
give notice thereof to the Principal Registrar, who shall thereupon furnish the
Court with a written statement of the reasons for his decision which is being
appealed against; and the written statement shall be furnished in duplicate.

Notice of hearing.

4. Notice of the hearing shall be given to the appellant but it shall not be
necessary to serve anyone with notice as respondent on the appeal.

Certified copy of
decision to go to
Principal Registrar.

5. A certified copy of the decision of the High Court shall be transmitted

to the Principal Registrar by the Registrar of the Court free of charge.

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63
[Subsidiary]

Rules under section 148

THE GOVERNMENT LANDS (APPLICATIONS FOR LEASES AND
LICENCES FOR SPECIAL PURPOSES) RULES
1. These Rules may be cited as the Government Lands (Applications for
Leases and Licences for Special Purposes) Rules.
2. The form in the Schedule to these Rules shall be used in every
application for a lease or licence for special purposes under Part V of the Act.
3. A deposit of one hundred and fifty shillings shall accompany every
application, which deposit shall be
(a) allocated towards the amount due in respect of the area if granted;
(b) refunded to the applicant if the application is refused ;
(c) forfeited, as provided for by subsection (2) of section 35 of the
Act, if a false statement is made.

SCHEDULE

(r. 2)

The Government Lands Act

Application for Lease or Licence of Land Required for Special Purposes
1. Full name, address and occupation
of applicant ..
..
..
..
..
2. Situation of land applied for (attach
map if possible) ..
..
.. .. ..
3. Special purpose for which land is
required ..
..
..
..
..
4. Term (i.e. length of time for which
the grant is required) .. .. ..
..
5. Nature of the grant desired ..

..

..

6. Deposit and nature of remittance .. ..

7. Remarks

..

..

..

..

..

Dated the ..............................................................................., 19 ...........

Signed ................................
A deposit of Sh. 150 must be forwarded with the application. This deposit
will be (a) credited to the amount due in respect of the grant if made; or (b)
refunded if the application is refused; or (c) forfeited, as provided for by section
35 (2) of the Act, if a false statement is made.
NB. This form, copies of which may be obtained from the Department
of Lands, Nairobi, must be filled up and signed by the applicant or his duly
constituted attorney and forwarded to the Department of Lands.

Cap. 155 (1948),

Sub. Leg.

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[Subsidiary]
THE GOVERNMENT LANDS (REGISTRATION) RULES
Cap. 155 (1948),
Sub. Leg.,
L.N. 346/1960.

1. These Rules may be cited as the Government Lands (Registration)

Rules.
2. (1) The Registrar shall refuse to register any assignment of a lease
issued under the Act where the premium reserved by such lease is payable to the
Government by instalments, unless and until the head lease thereof is produced
duly endorsed by the Commissioner of Lands, as provided for in subsection
(4) of section 24 of the Act.
(2) The Registrar shall not take cognizance of an endorsement under
paragraph (1) unless and until the same has been duly registered under the Act.
3. Powers of attorney registrable under section 108 of the Act, and
revocations of such powers, shall be registered in a special volume of the
registry kept for the purpose.

THE GOVERNMENT LANDS (REGISTRATION OFFICES) RULES

Cap. 155 (1948).
Sub. Leg.,
L.N. 345/1960.

1. These Rules may be cited as the Government Lands (Registration

Offices) Rules.
2. There shall be established Government Lands Registration Offices at
Nairobi and Mombasa.
3. In the Nairobi office, there shall be registered all transactions relating
to Government land outside the Coast Province.
4. In the Mombasa office, there shall be registered all transactions relating
to Government land in the Coast Province.

THE GOVERNMENT LANDS (FORMS) RULES

L.N. 345/1960.
1. These Rules may be cited as the Government Lands (Forms) Rules.
2. The forms in the Schedule shall be used in all cases under Part X of
the Act.
3. The registrars of Government Lands at Nairobi and Mombasa shall
keep a supply of Forms A to J for the use of the public.
4. (1) The registrars of Government Lands shall cause to be impressed
on all applications on which fees are paid, and on all copies thereof, a stamp
recording the date and time of presentation in such manner (in the case of the
original) as to cancel the stamps affixed in payment of fees.

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65
[Subsidiary]

(2) The impression shall in the absence of fraud be conclusive evidence

of the date and time of presentation, and that the fees stated in the application
to have been paid have been paid.

SCHEDULE

(r. 2)

Form A
MEMORANDUM OF EQUITABLE MORTGAGE BY DEPOSIT OF
DOCUMENTS OF TITLE
Documents of title registered in Volume No. .....................................
Folio ............ File No. ........ relating to .............................................................
........................................... was deposited by ...................................................
...........................................................................................................................
of P.O. Box No. .............................................................................(Mortgagor)
with ...................................................................................................................
of P.O. Box No. .............................................................................(Mortgagee)
by way of equitable mortgage on the.................................................................
.............................................................................................................., 19........
The mortgagor and the mortgagee hereby certify, in accordance with
the provisions of section 68 (3) of the Stamp Duty Act, that the amount hereby
secured is Sh. .................. uncertain, and the mortgagee hereby acknowledges
to have received the above-mentioned document of title.

Dated the ............................................................................., 19........

Signed in the presence of:

.......................................

Signature or Common Seal of

mortgagor:

Postal Address ..............

...............................................

.......................................

Description ...................
Signed in the presence of:

Signature or Common Seal of

......................................

mortgagee:

Postal Address ..............

......................................
Description ...................
Drawn by:

.............................

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[Subsidiary]
Form B
MEMORANDUM OF DISCHARGE OF AN EQUITABLE
MORTGAGE BY DEPOSIT OF DOCUMENT OF TITLE
The equitable mortgage by deposit of document of title registered in
Volume No. ....................................... Folio No. ...............................................
File No. ............................................. relating to ..............................................
was discharged on the ............................................................................., 19....
It is certified that
(a) the greatest amount at any time secured was Sh. .................................
(b) this is a partial discharge.
Dated the ........................................................................., 19...............
Signed in the presence of:
Signature or Common Seal of
mortgagee:
...............................................
Postal Address ......................

......................................................

............................................
Description ...........................
Drawn by:

Form C

____________
CAVEAT

FORBIDDING REGISTRATION OF DEALING WITH LAND

To: The Registrar,
Land Registry, Nairobi/Mombasa.
TAKE NOTICE that I, ............................................................................
of .......................................................................................................................
(at which address within Kenya notices may be served), claiming (1)
.............................in (2) ........................................................ forbid the
registration of any dealing with the said land
(a) absolutely, or
(b) unless the transaction is expressed to be subject to the claim of
the Caveator (3).
Dated the ................................................................................., 19........

Signed ................................................

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[Subsidiary]

I, of ....................................................................................................... ,
make oath and say/affirm (3) that to the best of my knowledge and belief the
claim above referred to is true.

Sworn at ........................
.......................................
..........................., 19......

Before me,

.......................................

(1) Nature of registrable interest claimed in land.

(2) Particulars of land.
(3) Delete whichever is not applicable.
__________
Form C (1)
CAVEAT FOR ADDITIONAL STAMP DUTY
L.N. 68/1991.
(Section 116 (1a) of Government Lands Act)
The Registrar
Land Registry
Nairobi/Mombasa
Land Reference Number
TAKE NOTICE that pursuant to my powers under the Government Lands
Act (Cap. 280), I, on behalf of the Government of Kenya for the purpose of
securing the payment of Sh. . additional stamp duty on a
dated and registered in volume .. folio .. file
on the . day of .., 19... as assessed by the Collector of
Stamp Duties, forbid the registration of any dealing with the land known as
Land Reference Number .................
This caveat shall remain registered against the title to the said land until
such time as additional stamp duty together with any penalties incurred for late
payment has been paid on an appeal against the assessment by the collector
has been upheld.
Signed ........
Principal Registrar of Government Lands

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[Subsidiary]
Form D
NOTICE OF WITHDRAWAL OF CAVEAT
To: The Registrar,
Land Registry, Nairobi/Mombasa.
I/We, .........................................................................................................
of ................................................................................................................ ,
withdraw the caveat registered as ................................................................
Signed ..........................................

Date ...............................

......................................................
[Advocate for] Caveator[s]

__________
Form E
APPLICATION FOR REMOVAL OF CAVEAT
To: The Registrar,
Land Registry, Nairobi/Mombasa.

Our reference:
................................................

I/We, ................................................................................................
of ................................................................................................................
apply to you to remove the caveat registered as ........................................
Adhesive revenue stamps to the value of Sh. ............................................
in payment of fees are affixed hereto.

Signed ..............................................

Date ......................
..............................................
[Advocate for] Caveatee[s]

(To be submitted in triplicate.)

__________

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[Subsidiary]

Form F
NOTICE OF APPEAL AGAINST REFUSAL BY A REGISTRAR TO
REGISTER A DOCUMENT
To: The Principal Registrar of Government Lands,
Land Registry, Nairobi.

Our reference:
...........................

TAKE NOTICE that I/We, .............................................................. ,

of P.O. Box ................................................................................................. ,
appeal against the decision of the registrar set forth in his letter Number ..
................................. dated ........................................................................
refusing to register
Description of Document .............................................................................
Date of Document ........................................................................................
Parties to Document .....................................................................................
......................................................................................................................
Land Reference Number(s) .........................................................................
Presented on ................................, 19 ......., by ...........................................
......................................................................................................................
My/Our grounds of appeal are as follows
[If this space is insufficient please continue on the back]
Adhesive revenue stamps to the value of Sh. ..............................................
in payment of fees are affixed hereto.
Date ............................................ ..............................................................
Signature of Appellant or
his Advocate.
(To be submitted in triplicate.)
__________
Form G
APPLICATION FOR PERSONAL SEARCH
Application For Personal Search of
Land Reference
Number

Title or Deed
File Number

Adhesive revenue stamps to the value of the prescribed fee are

affixed hereto.

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[Subsidiary]

Date..

Signature ...............................................

Postal Address................

...................................
Deed file checked on completion of search by
.......................................................

Counter Clerks initials.

_______________________________________________________
Conditions
1. This form must be submitted in duplicate with revenue stamps to the
value of the prescribed fee affixed to the original, which will be retained in
the Land Registry.
2. Persons making searches may take brief notes in pencil but no
document shall be copied.
3. In no circumstances may any note or mark be made on any document,
file or register produced for inspection.
4. Persons making searches shall check the contents of any deed file
produced to them and have it checked by the Counter Clerk, both before and
on completion of the search, and obtain his initials on the duplicate search
form; otherwise the person searching will be held liable for any document lost
or damaged.
5. The Counter Clerks duty does not extend to answering questions on
matters of title and no responsibility is accepted for any opinion which may
be expressed by him.

__________

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[Subsidiary]

Form H
APPLICATION FOR POSTAL SEARCH


Our reference:
To: The Registrar,
Land Registry, Nairobi/Mombasa.

...............................
APPLICATION is made for a certified copy of the last complete page of
the abstract register or register of titles relating to Land Reference
Number...............................................................................................................

Title/Deed File Number ...............................................................................

and any subsequent entries.
An adhesive revenue stamp to the value of the prescribed fee is affixed
hereto.
Signed ................................................
Date .......................................


Name in Capitals ...............................

Postal Address ...................................


...................................
______________________________________________________________
(For completion in the Registry)
Postal Search Certificate No.
Certified copy forwarded as requested above.

.......................................
Registrar.

(To be submitted in duplicate.)

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[Subsidiary]
Form I
APPLICATION FOR REGISTRATION
The conditions on the back of this form shall be complied with.
Application For Registration
of the undermentioned documents in the following order of priority
Date of
Document

Description
(1)

Land Reference
Number (2)

Deed File
Number (3)

Fee
(4)
Sh.

Number of new certificates of title required at the prescribed fee ...................

Adhesive revenue stamps affixed hereto to the value of ...................................
______________________________________________________________
The following documents are enclosed for endorsement: (5)
Grant No. ..................... Lease No. ....................... Certificate No. ...................
______________________________________________________________
The following supporting documents are also enclosed: (6) Clearance
Certificate Estate Duty Certificate Registration Copy of Land Control
Consent Registration Copy of Provincial Commissioners Consent
Withholding Tax Certificate (W. 70) Land Rent Certificate
................................................................................................
The following consents are endorsed on the documents: Commissioner
of Lands or the Chief Engineer, East African Railways Corporation and under
the terms of the Grant Chargee to surrender of lease under section 44 of the
Registration of Titles Act (Cap. 281)
................................................................................................
______________________________________________________________
[Reverse]
Special instructions, including, if necessary, the name and address of
the person to whom the documents are to be sent if other than the presentor

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Form I(Contd.)

Signed ................................................

Name in Block Capitals ....................................

Postal Address ...................................................

Date .........................
...........................................................
(To be submitted in triplicate.)
Conditions
Form to accompany documents
Every document presented for registration must be accompanied by
this form.
Number of Forms to Submit
Application for registration forms are printed in sets of three, each set
comprising an original, duplicate and triplicate. Forms may be obtained post
free from the Registrar of Titles, Nairobi and Mombasa.
How to Complete
The form must be completed accurately in accordance with these
conditions. Failure to do so may result in the rejection of the application. The
information supplied by the presentor must appear legibly in English on all three
forms. If registration is sought at both the Nairobi and the Mombasa Registries,
separate applications accompanied by the document must be addressed to each.
The following are the explanations of the numbers appearing in brackets on
the form:
(1) Give a brief description of each document, e.g. Conveyance,
Assignment, Transfer, Charge, etc.
(2) The land reference numbers of all parcels of land dealt with in
each document must be entered, e.g. 1870/XX/9, 1870/XX/10.
If the document is not to be registered against a title to land,
e.g. powers of attorney, building plans, agreements, etc., the
word Nil must be inserted.
(3) Where possible the deed file number should be inserted in this
column. In the case of titles registered under the Registration
of Titles Act (Cap. 281), this is the title number. For titles registered under other Acts, the number of the deed file is shown
in the right-hand column of the registration endorsement on
the last registered document.
(4) The registration fee tendered must be entered in this column
and the total fees entered at the foot thereof. The fee payable
on presentation is the prescribed fee per entry in the register
and is not purporting to deal with two or more titles will attract
the prescribed fee in respect of each title against which it is to
be registered.

73
[Subsidiary]

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[Subsidiary]
(5) All documents presented for registration against titles under the
Registration of Titles Act, other than caveats, statutory notifications and Court orders, must be accompanied by the appropriate
title deed, and the registration particulars of that deed must
be inserted in this paragraph of the form. No documents are
required for endorsement under the other Acts.
(6) Indicate, by placing a tick in the appropriate boxes, the
supporting documents which accompany the application
or consents which are endorsed on the documents.
Payment of Fees
Fees may only be paid by affixing adhesive revenue stamps to the required
value in the space provided on the original application form. Such stamps may
be obtained from post offices. Spoilt or damaged adhesive revenue stamps will
not be accepted but stamps upon which the presentor has placed his name stamp
shall not be deemed spoilt or damaged for this purpose.
Separate Applications to be Made
A separate set of application forms must be submitted for each document
except in the case of a set of documents which are to be registered against the
same title or are related to each other. For example, a discharge of a charge, a
surrender of a lease, a transfer and a new charge all relating to L.R. No. 999/999
would properly form the subject of one application, and similarly a power of
attorney executed by the registered proprietor followed by a transfer executed by
the attorney are related to each other and can form the subject of one application.
Submission of Application
Applications may be submitted as follows
(a) by post to the appropriate Registrar;
(b) by delivery in the box provided at the appropriate Land Registry;
(c) by requesting the Collector of Stamp Duties to forward the
application form to the appropriate Registrar after stamping the
document. Priority is not established until the application is in the
hands of the Registrar, and no responsibility is accepted by the
Collector for any delay.
Rejections
Documents re-presented for registration following their previous rejection
must be accompanied by a fresh set of forms of application duly completed.
The fee in such a case is the prescribed fee for every document which was the
subject of a formal rejection.
__________

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Form J
APPLICATION FOR COPY
To: The Registrar,
Our reference:
Land Registry, Nairobi/Mombasa.
............................................
I/We request you to supply .............. certified/uncertified copies of the
following
Adhesive revenue stamps at the rate of Sh. 2 per certified copy are pinned
to this application to meet the stamp duty payable thereon.
Adhesive revenue stamps to the value of Sh. ............. in payment of
fees are affixed hereto.
Date ...................................................

Signed ...............................................

Insert below in block capitals the name and address in Kenya to which
the copy/copies is/are to be sent
Name .................................................................................................................
Postal Address ...................................................................................................
______________________________________________________________
(For completion in the Registry)
The above-mentioned copy/copies is/are forwarded herewith.
The above request cannot be met because ..............................................
............................................................................................................................

Date ....................................... .....

.........................................
Registrar.

(To be submitted in duplicate.)

Delete if not
applicable.

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Form K
ENDORSEMENT BY REGISTRAR
Government Lands Registry
Registered at ..............................

..............................................., 19...........

______________________________________________________________
Presentation No.
Volume
Folio
File
______________________________________________________________
______________________________________________________________
______________________________________________________________
............................................
Registrar.

Cap.155 (1948),
Sub. Leg.

THE GOVERNMENT LANDS (ROAD RESERVES) RULES

1. These Rules may be cited as the Government Lands (Road Reserves)
Rules.
2. No Government land shall be let or sold outside the area of any
township or station within a distance of 100 feet from the centre of any public
road.
3. No building, fencing or other obstacle shall be erected within a
distance of 100 feet from the centre of any public road outside the area of any
township or station.

L.N.168/1976,
L.N. 305/1994,
L.N. 111/2003,
L.N. 10/2010.

THE GOVERNMENT LANDS (CONSENTS) (FEES) RULES

1. These Rules may be cited as the Government Lands (Consents)
(Fees) Rules.
2. Notwithstanding anything contained in the Government Lands
(Consents) Rules the following fees shall be charged for any consents applied
for and given by the Commissioner of Lands as follows
Sh.
(a) For every consent in respect of a transfer
conveyance, assignment, mortgage, charge,
sale, lease or sub-lease of a developed plot
within a municipality ...
...
(b) For every consent in respect of a transfer
conveyance, assignment, mortgage, charge,

1,000

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sale, lease or sub-lease of a developed plot

not within a municipality ... ... .. ..

500

(c) For every consent in respect of any other

transaction or dealing with land (within a
municipality) not otherwise provided for
in the Act .. .. .. .. .. ..

1000

(d) For every consent in respect of any other

transaction or dealing with land (not
within a municipality) not otherwise
provided for in the Act . .. ... ...

500

THE GOVERNMENT LANDS (APPROVALS) RULES

1. These Rules may be cited as the Government Lands (Approvals) Rules.
2. The following fees will be paid for the approval given by the
Commissioner of Lands in respect of subdivisions of lands, building plans;
extensions of the terms of leases; allocation of plots; changes of user; extensions
of user; and such other matter requiring approval:
Fees KSh.
(a) For approval of subdivision of
land within an urban area
(per resulting portion) . .. .. ... .. .. ... .

250

(b) For approval of building plans (i) Where the built-up area does not
exceed 200 square meters
..

1,500

(ii) Where the built-up area exceeds

200 meters KSh 500 for every 100
square meters or part thereof
(iii) For alterations or additions to an
existing structure
.. .. .. ..

1,500

(iv) For late submission of building

plans and construction without
approved plans (i) where land is within a municipality

7,000

(ii) where land is in other urban centres

1,000

L.N. 170/1976,
L.N. 308/1994,
L.N. 11/2010.

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(v) For building plans exceeding the stipulated site coverage
(i) where land is within a municipality

15,000

(ii) where land is in other urban centres

7,500

(vi) For approval of changes of user

or extension of user
(i) where land is within a municipality

5,000

(ii) where land is in other urban centres

1,000

(vii) For approval of extension of term

of lease
(i) where land is within a municipality

5,000

(ii) where land is in other urban centres

1,000

(viii) For approval of allocation of plot

5,000

3. Building plans shall be submitted in triplicate to the Local Authority

showing the following particulars
(a) block plans showing the positions of the building and a system
of drainage for disposing of sewage, surface and sullage water;
(b) drainage, elevations and specifications of the buildings the grantee
or grantees proposes or propose to erect;
(c) the built-up area (or site coverage) in square metres or feet.
4. No building plans shall be approved before the necessary fees are paid.
5. After endorsing its approval on all three copies of the plans the Local
Authority shall pass these plans to the Commissioner of Lands who shall deal
with them as follows
(a) on endorsing his approval on all copies the Commissioner of
Lands shall retain one copy in the file and shall return to the Local
Authority two copies;
(b) the Local Authority may if it wishes retain one copy of the approval
plan but shall return the third copy to the grantee.
6. (1) Every application for approval to subdivide land shall be made to
the Commissioner of Lands and shall

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(a) contain the applicants proposals for development of each portion

created by the sub-division; and
(b) be accompanied by suitable plans in quadruplicate on durable
material showing the proposed sub-divisions together with roads
of access to each and every sub-division.
(2) Every such applicant shall furnish such further or other information
or particulars as the Commissioner may require.
7. No application for such approval shall be entertained unless the
building conditions (if any) have been complied with.
8. In no case shall annual rent reserved on any such portion be less than
ten shillings nor the aggregate annual rent be less than that reserved in the
original lease.
9. No proposal for sub-division shall be approved before the necessary
fees are paid.
10. Any person who subdivides his land or causes it to be sub-divided
or commences the construction or building without the prior approval of the
Commissioner of Lands shall be guilty of an offence and shall be liable to a
fine not exceeding one thousand five hundred shillings or imprisonment not
exceeding three months or to both.
THE GOVERNMENT LANDS (CHARGES FOR TEMPORARY
OCCUPATION LICENCES) RULES
1. These Rules may be cited as the Government Lands (Charges for
Temporary Occupation Licences) Rules.
2. A charge of fifty shillings shall be made for a temporary occupation
licence.
3. An applicant for a temporary occupation licence shall deposit with his
application the amount of the charge prescribed by these Rules for the licence.
4. All sums deposited in pursuance of these Rules shall be dealt with
in manner following
(a) if the application is refused, the sum deposited shall be refunded
to the applicant;
(b) if the applicant withdraws his application, or refuses or neglects
to execute or accept the licence when called upon to do so, and in
every other case not hereinbefore provided for, the sum deposited
shall be forfeited.

L.N. 171/1976.

80
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L.N. 172/1976,
L.N. 307/1994,
L.N. 48/2008,
L.N. 2/2010.

CAP. 280

Government Lands

[Rev. 2010

THE GOVERNMENT LANDS (FEES) RULES, 1994

1. These Rules may be cited as the Government Lands (Fees) Rules,
1994, and shall come into operation on the 26th August, 1994.
2. The following fees shall be levied under Part X of the Act
Fees (KSh.)

(a) For every document presented for
registration .. .. ..

500

(b) For every notice (excluding notice

given on registration of a caveat) .. ..

500

(c) For acceptance of an affidavit under

section 112 of the Act .. .. .. ..

500

(d) For correcting errors or supplying omissions

in the register under section 120 of the Act .. .. 500

(e) For every personal search

(f) For every postal search

.. .. ..
.. . .. ..

1,000
..

500

(g) On appeal to the Principal Registrar from

an order refusing to register a document
under sections 110 and 113 of the Act

500

(h) For attendance by an officer of the

registry at a place outside the registration
office (per day or part thereof of the absence
from the registry and the expenses
incurred) .. .. .. .. ...

2,500

(i) On resubmission for registration of

any document previously rejected because
of error thereon or for failure to comply
with any prerequisite of registration

500 per
document
rejected

(j) For every copy of a registered document or abstract of title

(i) where the number of pages or folios
does not exceed five

200 per copy of

of such pages or
folios

(ii) where the number of pages or folios

exceed five

200 per copy of the

first five pages or folios
plus Ksh. 10 per page
or folios in excess of
the said five pages
or folios

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(Note. In (i) and (ii) above, a folio or a page or a register (title) shall
be deemed to be two folios or pages.)
(k) For any act or thing not otherwise
provided for .. .. .. ..

1,000

3. Every application for a plot of land which has been advertised in the
Kenya Gazette shall be accompanied buy a non-refundable fee of two hundred
and fifty shillings payable to the Commissioner of Lands.
4. The fees prescribed by these Rules include the provision of photostatic
copy prescribed by the Act.
5. Government miscellaneous receipts shall be issued upon payment of
the fees prescribed in these Rules.
THE GOVERNMENT LANDS (CONVEYANCING FEES) RULES

L.N. 173/1976,
L.N. 306/1994.

1. These Rules may be cited as the Government Lands (Conveyancing

Fees) Rules.
2. The following fees shall be payable in respect of documents prepared
by the Government:

(a) For every lease, conveyance, agreement,
concession or license (excluding a
temporary occupation licence)

Sh.

1,250

(b) For every temporary occupation licence

1,250

(c) For every other document

(i) if by separate deed

750

(ii) if by endorsement

500

3. The provisions of Rule 2 are without prejudice to the provisions of Sub. Leg.
the Government Land ( Charges of Temporary Occupation Licences) Rules.
4. The Commissioner of Lands may remit any of the fees prescribed
under these Rules.
5. The Government Lands (Conveyancing Fees) Rules, 1988, are revoked. L.N. 210/1988.

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Cap.155 (1948)
Sub. leg.

Government Lands

[Rev. 2010

THE GOVERNMENT LANDS (CONSENTS) RULES

1. These Rules may be cited as the Government Lands (Consents) Rules.

21 of 1902.

2. (1) In all cases where a Government lease contains an express

covenant not to assign, sublet or otherwise part with the possession of the land
or any part thereof without the consent of the President in writing, or where
such lease is subject to the provisions of the Crown Lands Ordinance, 1902,
and to the rules for the time being in force under that Ordinance, the lessee
shall not be required to obtain the consent of the President to the execution of
a mortgage of the land or any part thereof the subject of the lease, but such
consent must be obtained
(a) before a mortgagee is given or obtains possession of the land the
subject of the mortgage, whether by foreclosure or otherwise; and
(b) before the land the subject of the mortgage is sold pursuant to a
power of sale, or by order of the court.
(2) In this rule, mortgagee includes any person, corporation or company
from time to time deriving title under the original mortgage.
3. In all leases of farms or town plots issued under the Crown Lands
Ordinance, 1902, the consent of the President to any assignment, transfer or
sublease between parties of the same race is not required unless the assignment,
transfer or sublease relates to a sub-division or re-subdivision in respect of which
a separate title has not been granted by the Government:
Provided that an assignment or sublease to which the Government has
been a party, or on which the Land Officers consent is endorsed, shall be deemed
for the purpose of this notice to constitute a separate title as above mentioned.
THE LAND ARBITRATION TRIBUNAL RULES, 2003

L.N. 211/2003.
Citation.

1. These Rules may be cited as the Land Arbitration Tribunal Rules, 2003.

Interpretation.

2. In these Rules, unless the context otherwise requireschairman means the chairman of the Tribunal appointed under section
147 (2) (a);

memorandum means a memorandum of objection presented under

rule 3;
objection means an objection submitted to the Tribunal in pursuance
of section 18B (2);
objector means a person who has submitted an objection to the
notice of rent revision under section 18B (2) or a person who raises any other
matter in dispute arising under section 147 (1) through an advocate or a duly
authorized agent.

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secretary means the Secretary of the Tribunal appointed under section

147(4).
3. (1) An objection or dispute shall be entered by presentation of a
memorandum of objection with three copies thereof, together with the prescribed
fee, to the Secretary.

Form and time for

lodging an objection.

(2) The memorandum shall set out concisely, under distinct heads and
numbered consecutively, the grounds of objection without argument or narrative.
(3) The memorandum shall be signed by the objector, if the objector is
an individual, or by the director, if the objector is a company.
(4) The memorandum shall be presented within thirty days after the date
on which the objector gives notice of an objection in writing to the Commissioner
pursuant to section 18B (2).
(5) Where the Tribunal is satisfied that owing to sickness or other
reasonable cause, the objector was prevented from presenting a memorandum
within the given period and that there was no unreasonable delay on his part,
the Tribunal may extend that period notwithstanding that the period had expired.
4. Each copy of a memorandum shall be accompanied by

Statement of facts of
objector.

(a) a copy of the notice of rent revision issued by the Commissioner;

(b) a copy of the notice of objection;
(c) a valuation report from a registered and practising valuer; and
(d) a statement signed by the objector, setting out precisely all the
facts on which the objection is based and referring specifically to
documentary or other evidence which it is proposed to adduce at the
hearing of the objection, and to which shall be annexed a copy of
each document or extract from a document upon which the objector
proposes to rely on as evidence at the hearing of the objection.
5. Within forty-eight hours after the presentation of a memorandum of
objection to the Secretary, a copy thereof of and the statement of facts of the
objector and the documents annexed thereto shall be served by the objector
upon the Commissioner.
6. (1) The Commissioner shall respond to the facts of the objector within
twenty-one (21) days after service thereof upon him under rule 5, by filing with
the Secretary his statement of facts together with three copies thereof.
(2) Each copy of a statement shall be accompanied by
(a) a copy of the notice of rent revision;

Service of
memorandum of
objection.

Statement of facts of
Commissioner.

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(b) a copy of the notice of objection; and
(c) a statement signed by the Commissioner, setting out precisely all
the facts on which the statement is based and referring specifically
to documentary or other evidence which it is proposed to adduce at
the hearing, and to which shall be annexed a copy of each document
or extract from a document upon which the Commissioner proposes
to rely on as evidence.
(3) Within forty-eight hours after the presentation of a statement of facts
pursuant to paragraph (1), the Commissioner shall also serve a copy thereof
together with copies of any documents annexed thereto upon the objector.
Notice of place of
hearing.

7. (1) As soon as it may be convenient after receipt of the memorandum

of objection, the Secretary shall notify the Chairman thereof.
(2) The Chairman shall fix a time, date and place for a meeting of the
Tribunal for the purpose of hearing the objection and the Secretary shall cause
a notice thereof to be served upon the objector and the Commissioner.
(3) The Secretary shall supply each member of the Tribunal with a copy
of the notice of hearing and all documents received by the Secretary from the
parties to the objection.
(4) Unless the parties to the objection otherwise agree, each party shall
be entitled to not less than ten days notice of the time, date and place fixed for
the hearing of the objection.

Procedure at hearing
of objection.

8. At the hearing of an objection, the following procedure shall be

observed
(a) the Commissioner shall be entitled to be present or be
represented;
(b) the objector shall state the grounds of his objection and may support
them by any relevant evidence; but save with the consent of the
Tribunal and upon such terms as it may determine, the objector
may not, at the hearing, rely on a ground of objection other than
a ground stated in the memorandum of objection and may not
adduce evidence of facts or documents unless those facts have been
referred to and copies of those documents have been annexed to
the statement of facts of the objector;
(c) at the conclusion of the statement, and evidence on behalf of the
objector, the Commissioner may make submissions, supported by
relevant evidence, and subparagraph (b) shall mutatis mutandis
apply to the evidence of facts and documents to be adduced by the
Commissioner;
(d) the objector shall be entitled to reply but may not raise a new issue
or argument;

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(e) the Chairman or a member of the Tribunal may, at any stage of

the hearing, ask any questions of the objector or the Commissioner
or a witness examined at the hearing which he/she considers to be
relevant to the determination of the objection;
(f) a witness called and examined by either party may be crossexamined by the other party to the objection;
(g) the Tribunal may call and examine witnesses, and a witness called
and examined by the Tribunal may be cross-examined by either
party to the objection;
(h) where the Tribunal considers it desirable for the purpose of avoiding
expense or delay or any other special reason so to do, it may receive
evidence by affidavit and administer interrogatories and require
the person to whom the interrogatories are administered to make a
full and true reply to the interrogatories within the time specified
by the Tribunal;
(i) in its determination of any matter, the Tribunal may take into
consideration any evidence which it considers relevant to the subject
of an objection before it, notwithstanding that the evidence would
not otherwise be admissible under the law relating to evidence;
(j) the Tribunal may adjourn the hearing of the objection for the
production of any further evidence or for other good cause, as it
considers necessary, on such terms as it may determine;
(k) the Tribunal shall consider and reach its decision according to law;
(l) the decision of the Tribunal shall be on the basis of a majority vote
and shall be in writing, dated and signed by the Chairman and the
members of the Tribunal who participated in the decision;
(m) the Secretary shall record the proceedings of the Tribunal and
include that record, together with a copy of the decision, in a
document to be certified and signed by the Chairman as a true and
correct record of the proceedings and decision;
(n) the Secretary shall forward a certified copy of the document
described in subparagraph (k) to each party;
(o) a copy certified under subparagraph (k) shall be conclusive evidence
of the decision and proceedings of the Tribunal.
(p) any interested party may be represented before the Tribunal by
an advocate or by any other person whom the Tribunal may, in its
discretion, admit to be heard on behalf of the party.

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Copies of documents
admissible.

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[Rev. 2010

9. Save where the Tribunal in any particular case otherwise directs or

where a party does not object, copies of documents shall be admissible in
evidence, but the Tribunal may, at any time, direct that the originals shall be
produced notwithstanding that a copy has already been admitted in evidence.

Fees and costs.

10. Where the grounds of objection are held by the Tribunal to be frivolous,
the Tribunal may order the objector to pay as costs to the Commissioner a sum
not exceeding fifty thousand shillings.

Powers of Tribunal.

11. (1) On the hearing of an objection, the Tribunal shall have all the
powers of a subordinate court of the first class to summon witnesses, to take
evidence upon oath or affirmation and to call for the production of books and
other documents.
(2) The Tribunal shall have powers to award the costs of any proceedings
before it and to direct that costs shall be taxed in accordance with any scale
prescribed for suits in the High Court or to award a specific sum as costs.
(3) All summons, notices or other documents issued under the hand of
the Chairman of the Tribunal shall be deemed to be issued by the Tribunal.

Enforcement.

12. (1) Where the Tribunal awards costs in any objection, it shall, on
application by the person to whom the costs are awarded, issue a certificate
stating the amount of the costs.
(2) Every certificate issued under subsection (1) may be filed in the High
Court by the person in whose favour the costs have been awarded and, upon
being so filed, shall be deemed to be a decree of the High Court and may be
executed as such:

Cap. 40.

Provided that an order for costs against the Government shall not be
enforced save in the manner provided for by the Government Proceedings Act.

Rules.
Cap. 21.

13. In matters of procedure not governed by these Rules, the Tribunal

may adopt the Civil Procedure Rules made under the Civil Procedure Act.

Stay of suit.

14. Where in any suit for the recovery of any money or amount payable
under this Act, the court is satisfied that any part to the suit has filed an objection
to the Tribunal under section 18B (2) on any matter affecting any of the issues
involved in the suit, the court shall, on such conditions as it may think fit, stay
the proceedings in the suit pending the determination of the objection.

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THE LAND ARBITRATION TRIBUNAL (FEES) RULES, 2010

1. These rules may be cited as the Land Arbitration Tribunal(Fees)
Rules, 2010.
2. The following fees shall be levied under section 147 of the Act
Fees KSh.
(a) Filling of an application under the Act
(b) Filing an affidavit
(c) For Tribunal adjournment

2, 000
100
1,000

(d) Preparing certified copies of the proceedings or

document connected with the application
(i) for the first folio

200

(ii) for each subsequent folio

150

(e) Filing a notice of appearance

100

(f) Filing a defence or reply by Respondent

100

(g) Filing a reply or defence by Appellant

100

(h) Filing a notice of intention by third party to appear

2,000

(i) Filing a notice to appoint/change/cessation of

appointment of Advocate

100

(j) For witness summons

300

(k) Requisition of visit, survey or valuation of property

1,000

L.N. 12/2010.