Government Lands Act Cap 280 - as Plain Text by MWakili

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 2 [Rev.

2010 CHAPTER 280 THE GOVERNMENT LANDS ACT 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 ofcers.

6Ofce and sub-ofces of Commissioner.

7Commissioner may execute conveyances, etc., and do other acts on behalf of President.

8Actions relating to Government land.

8AEscheat.

8BConrmation of earlier titles.

part IIIdISpOSal OF laNd WIthIN tOWNShIpS 9 Commissioner may cause land in townships to be divided into plots.

10 Length 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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2010] Government Lands CAP.

280 3 Section 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.

CAP.

280 Government Lands 4 [Rev.

2010 Section 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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2010] Government Lands CAP.

280 5 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 Ofce.

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.

CAP.

280 Government Lands 6 [Rev.

2010 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.

124Certied copy of Government grants, etc., admissible in evidence.

125Certied 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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2010] Government Lands CAP.

280 7 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.

CAP.

280 Government Lands 8 [Rev.

2010 Cap.

155 (1948), CHAPTER 280 90 of 1948, 34 of 1949, THE GOVERNMENT LANDS ACT 22 of 1951, G.N.

936/1952, 21 of 1953, 7 of 1955, 36 of 1958, Commencement: 18th May, 1915 58 of 1959, L.N.131/1959, 49 of 1960, 27 of 1961, An Act of Parliament to make further and better provision for regulating L.N.142/1961, the leasing and other disposal of Government lands, and for other L.N.

559/1962, purposes 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, part IprelIMINary L.N.

48/2008, 10 of 2010.

Short title.

1.

This Act may be cited as the Government Lands Act.

Interpretation.

2.

In this Act, and in all conveyances, leases and licences and in 21 of 1953, s.

2, all agreements, notices and documents relating to Government land, 58 of 1959, s.

2, except where inconsistent with the context L.N.

142/1961, 39 of 1968, s.

2, agricultural purpose means any purpose falling within the 11 of 1993, Sch.

meaning of agriculture as dened in the Agriculture Act; Cap.

318.

Director of Surveys includes any ofcer 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 Rev.

2010] Government Lands CAP.

280 9 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 Trafc Cap.

403.

Act; licensed surveyor has the meaning assigned to it in the Survey ap.

299.

C 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.

ofce accommodation, town halls, public parks, native locations, re stations, slaughter- houses, 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 fullment of the conditions specied 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.

CAP.

280 Government Lands 10 [Rev.

2010 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 3.

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

right, power or authority vested in him under this Act, may 21 of 1953, s.

3, 58 of 1959, s.

3, (a)* subject to any other written law, make grants or dispositions 39 of 1968, s.

3.

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 t, 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 t, 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; (e) accept the surrender of any certicate granted under 26 of 1897, the East Africa Land Regulations, 1897, or of any lease 21 of 1902.

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 certicate 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: Rev.

2010] Government Lands CAP.

280 11 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 All conveyances, of Government lands, and all proceedings, notices and documents under etc., relating to this Act, made, taken, issued or drawn shall, save as therein otherwise Government land provided, be deemed to be made, taken, issued or drawn under and deemed to be under subject to the provisions of this Act.

this Act.

5.

There shall be a Commissioner of Lands and such other ofcers Commissioner as may be necessary for the administration of this Act who may, if so of Lands and authorized by the Commissioner either generally or specially, perform subordinate ofcers.

any of the duties or do any of the acts or things required or authorized 21 of l953, s.

4, by this Act, or by any law regulating the sale, letting, disposal and 39 of 1968, Sch.

occupation of Government land, to be done by the Commissioner.

6.

The principal ofce of the Commissioner (in this Act referred Ofce and sub-ofces of to as the Land Ofce) shall be at Nairobi, and there shall be such sub- Commissioner.

ofce or sub-ofces at such place or places as the Minister may from 39 of l968, Sch.

time to time determine.

7.

The Commissioner or an ofcer of the Lands Department may, Commissioner may subject to any general or special directions from the President, execute execute conveyances, for and on behalf of the President any conveyance, lease or licence of etc., and do other or for the occupation of Government lands, and do any act or thing, acts on behalf of exercise any power and give any order or direction and sign or give President.

any document, which may be done, exercised, given or signed by the 21 of 1953, s.

5, President under this Act: L.N.

142/1961, 39 of 1968, Sch., Provided that nothing in this section shall be deemed to authorize 11 of 1993, Sch.

the Commissioner or such ofcer 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.).

CAP.

280 Government Lands 12 [Rev.

2010 Actions relating to 8.

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

Government respecting 21 of 1953, s.6, 39 of 1968, Sch., (a) Government land; or 4 of 1999, s.

62.

(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 ne 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 ofcer 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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2010] Government Lands CAP.

280 13 (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, Conrmation of 1964, shall continue to have effect, as if it were set out in this section.

earlier titles.

39 of 1968, s.4.

part IIIdISpOSal OF laNd WIthIN tOWNShIpS 28 of 1964.

9.

The Commissioner may cause any portion of a township which Commissioner is not required for public purposes to be divided into plots suitable for may cause land in the erection of buildings for business or residential purposes, and such townships to be plots may from time to time be disposed of in the prescribed manner.

divided into plots.

10.

Leases of town plots may be granted for any term not ength of term.

L exceeding one hundred years.

16 of 1988, s.

2.

11.

(1) Before any town plot is disposed off under section 12, the Price, conditions, Commissioner shall determine rents, etc.

to be determined by (a) the upset price at which the lease of the plot will be sold; Commissioner.

16 of 1988, s.

2.

(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 under a lease under this Part granted before the 1st January, 1989 CAP.

280 Government Lands 14 [Rev.

2010 (a) the term of the lease shall notwithstanding anything to the contrary contained in the lease, be divided into periods, the rst 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 rst 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 rst 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 12.

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

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

Notice of sale and 13.

The place and time of sale shall be notied in the Gazette not conditions to be less than four weeks nor more than three months before the day of sale, published in Gazette.

and the notice shall state (a) the number of plots and the situation and area of each plot; Rev.

2010] Government Lands CAP.

280 15 (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 sale shall be bound by the terms and conditions so read.

of sale.

15.

(1) The highest bid for the lease of each plot, together with Highest bid and the name of the purchaser, shall be announced by the auctioneer before name of purchaser to proceeding to offer the lease of the next plot, and the purchaser shall be announced, and deposit to be paid.

thereupon pay one-quarter of the purchase money.

(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 Balance of purchase rent due to the 31st December next following, the prescribed survey money, rent and fees fee and the fees payable for the preparation and registration of the lease to be paid within one and the stamp duty payable in respect of the lease, shall be paid to the month.

Commissioner at the Land Ofce 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 rst day of the month next following that in which the sale was held, and rent shall be payable from the commencement of the lease.

CAP.

280 Government Lands 16 [Rev.

2010 If not paid purchaser 17.

Subject to the proviso to subsection (1) of section 16, if the to lose right to lease balance of the purchase money together with the rent, fees and duty and deposit to be mentioned in section 16 is not paid to the Commissioner within seven forfeited.

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 18.

(1) In every lease of a town plot under this Act there shall against division, be implied by virtue of this Act a covenant by the lessee not to divide assignment and the plot and not to assign or sublet any portion thereof, except with the subletting.

previous consent of the Commissioner in writing and in such manner 21 of 1953, s.

8.

and upon such conditions as he may prescribe or require: 39 of 1968, Sch.

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 an- nual rent be less than that reserved in the original lease; (iii) the immediately foregoing proviso shall apply to every building lease granted under the Crown Lands Ordinance, 21 of 1902.

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 18A.

Notwithstanding anything contained in any lease, the for rent.

Commissioner shall every tenth year after the 1st January, 1989, until 16 of 1988, s.

3.

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 Rev.

2010] Government Lands CAP.

280 17 and in respect of which the valuation is made and the rent so determined shall be payable on the rst 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 Lessee to be given been made and before the expiration of the year in which the valuation rent to be paid after was made, the Commissioner shall cause a notice to be served upon valuation.

the lessee setting forth the value of the land determined and the annual 16 of 1988, s.

3.

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.

(2) If within three months of the date of the notice mentioned in subsection (1) the lessee noties 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.

agricultural purposes to be surveyed and divided into farms.

39 of 1968, Sch.

20.

Leases of farms shall, unless the President otherwise orders Leases to be sold by in any particular case or cases, be sold by auction.

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 CAP.

280 Government Lands 18 [Rev.

2010 (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 22.

In the case of sales under this Part, the auctioneer shall, before terms and conditions the commencement of the sale, read the terms and conditions of the of sale.

sale, and all persons bidding at the sale shall be bound by the terms and conditions so read.

Highest bid and 23.

(1) The highest bid for the lease of each farm, together with name of purchaser to the name of the purchaser, shall be announced by the auctioneer before be announced, and proceeding to offer the lease of the next farm, and the purchaser shall deposit paid.

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 24.

(1) The purchaser shall, on or before the rst day of the month of purchase money.

next following the month in which the sale has been held, or if that day is a Sunday or a public holiday on the rst 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 Rev.

2010] Government Lands CAP.

280 19 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 rst 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 rst day thereafter which is neither a Sunday nor a public holiday, pay to the Commissioner at the Land Ofce 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 rst 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.

subject to the provisions of this Act 49 of 1960, s.

3, 39 of l968, Sch., (a) be granted for a term equal in length to the period by the 16 of 1988, s.

4.

end of which the lessee is required by the lease to have completed the developments thereby required of him; CAP.

280 Government Lands 20 [Rev.

2010 (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 rst 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.

(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 21 of 1902.

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 rst 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, Rev.

2010] Government Lands CAP.

280 21 and for the rst 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 Rent for the several before the 1st January,1989 shall be the rent reserved in the lease and for periods.

each subsequent period of ten years shall be charged at such percentage 34 of 1949, s.

2, of the unimproved value of the land assesed every ten years as the 49 of 1960, s.

5, President may by order in the Gazette determine.

16 of 1988, s.

6.

30.

(1) The Commissioner shall, during the years 1960 and 1990 Valuation of land and, after the year 1990, in every tenth year until the expiration of the for rent.

term, cause the land the subject of a lease under this Part granted before 49 of 1960, s.

6, the 1st January, 1961, to be valued for the purpose of determining the 16 of 1988, s.

7 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: 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 sub- Part, there shall not be taken into consideration in augmentation of such value the value of improvements made or done on the land being valued.

CAP.

280 Government Lands 22 [Rev.

2010 Lessee to be given 31.

(1) After each valuation provided for in section 30 has been notice of rent to be made, and before the expiration of the year in which the valuation was paid after valuation.

made, the Commissioner shall cause a notice to be served upon the 49 of 1960, s.

7, lessee setting forth the value of the land determined and the annual rent 16 of 1988, s.

8.

which in accordance with that valuation will be payable by him during the next following period.

(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 32.

The First Schedule shall have effect as part of this Act.

have effect.

Implied covenants 33.

Except where expressly varied or excepted, there shall, by as to development of virtue of this Act, be implied in every lease under this Part covenants farms.

by the lessee (a) that he will within the rst three years of the lease effect or place on the land leased improvements of the nature and to the value specied 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 rst ve years of the lease effect or place on the land leased additional improvements of the nature and the value specied 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 fth 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.

Rev.

2010] Government Lands CAP.

280 23 34.

(1) In every lease of land under this Part there shall be implied Restriction on by virtue of this Act a covenant by the lessee not to divide the land and subdivision, assign or sublet any portion thereof except with the previous written assignment and consent of the Commissioner and in such manner and upon such subletting.

conditions as he may prescribe and subject to the provisions of Part V: 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, 21 of 1902.

for grazing or agricultural purposes or both in the event of the property held under that 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 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 Application for leases unalienated Government land for any special purpose shall be made or licences for special in writing in the form prescribed, and shall give such particulars as may purposes.

be required by rules made under this Act.

39 of 1968, Sch.

(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.

CAP.

280 Government Lands 24 [Rev.

2010 Presidents sanction 36.

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

grant any application under this Part except with the approval of the 21 of 1953, s.

13, President.

39 of 1968, Sch.

Rent, period and 37.

The rent to be reserved under any lease or licence under this conditions.

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 38.

(1) The Commissioner may, with the approval of the President, special purposes.

cause a lease or licence under this Part to be sold by auction.

(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.

39.

Except where expressly varied or excepted, there shall, so far 21 of 1953, s.

14.

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 specied in the lease.

part VIlICeNCeS FOr teMpOrary OCCupatION OF laNd Licence for 40.

(1) Licences to occupy unalienated Government land for temporary purposes.

temporary purposes may be granted by the Commissioner.

21 of 1953, s.

15, 39 of 1968, Sch.

(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 benet 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.

Rev.

2010] Government Lands CAP.

280 25 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 fullling 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; CAP.

280 Government Lands 26 [Rev.

2010 (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 71.

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

or licence under this Act, all buildings on Government lands leased or 39 of l968, Sch.

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 72.

Every covenant or condition, whether expressed or implied, conditions binding in a grant, lease or licence under this Act which is binding on a grantee, on persons claiming lessee or licensee shall, unless otherwise expressly provided in the grant, under grant, lease or lease or licence, be binding upon all persons claiming an interest in the licence.

land the subject of the grant, lease or licence, and whose title is derived 39 of 1968, Sch.

through or under the grantee, lessee or licensee.

Obligations of 73.

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

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 74.

(1) The annual rent reserved under any lease or licence shall payments.

be payable in advance on the 1st day of January in each year of the term.

13 of 1995, s.

92.

(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 Ofce of the Commissioner or at such other place as may be prescribed.

75.

(1) If any moneys due in respect of any rent, principal, Penalty for non- instalment, royalty or other payment (in this section referred to as the payment of rent etc.

13 of 1995, s.

92, principal debt) under any agreement, lease or licence under this Act, 4 of 1999, s.

62, or under any Act repealed by this Act, remain unpaid after the due date, 10 of 2010, s.

36.

a late payment interest at the rate of two percent per month or part Rev.

2010] Government Lands CAP.

280 27 thereof, or at such other rate as may from time to time be specied 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 rst 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 sufcient 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 interest outstanding upto and including the 30th June, 2010.

assessing interest.

10 of 2010, s.

37.

76.

Without prejudice to his right to recover in any other way, the Commissioner may Commissioner may sue in the court for any rent, principal, instalment, sue for rent, etc., in royalty or other payment, payable under any agreement, lease or licence arrear.

under this Act, or under any Act repealed by this Act, which is in arrear, 49 of 1960, s.

8.

and for any penalty payable under section 75.

(3) Forfeiture for Breach of Covenant or Condition 77.

(1) If the rent or royalties or any part thereof reserved in Forfeiture of lease a lease under this Act is at any time unpaid for the space of thirty if rent unpaid days after the same has become due, or if there is any breach of the or for breach of lessees covenants, whether express or implied by virtue of this Act, covenant.

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.

CAP.

280 Government Lands 28 [Rev.

2010 (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 rst 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 xed 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 79.

No forfeiture shall operate to extinguish any debt to the not extinguished by Government in respect of any rent, royalty or other payment to be made forfeiture.

by a lessee or licensee under a lease or licence forfeited.

Acceptance of 80.

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

2010] Government Lands CAP.

280 29 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 Reservation of any Act replaced by this Act shall not confer any right to any unextracted minerals and precious minerals or mineral oil, except in so far as the conveyance, lease or stones.

licence provides.

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 rst 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 lled up, fenced or secured by and at the expense of the Government.

CAP.

280 Government Lands 30 [Rev.

2010 (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 84.

A right reserved to the Government under section 83 may be rights reserved to exercised by any person or persons authorized by the Minister or by or Government.

under any Act or law relating to mines or minerals.

39 of 1968.

Sch.

(4) Roads, Thoroughfares and Outspans Saving of public 85.

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

outspans being or existing on any land sold or leased under this Act, 39 of 1968, Sch.

or under the Crown Lands Ordinance, 1902, shall remain free and 21 of 1902.

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 86.

The Government may at any time enter upon any land sold, telegraph poles, leased or occupied under a licence under this Act, and may there set etc., on land sold or up poles and carry electric lines across such land, and may lay sewers, leased.

39 of 1968, Sch.

water-pipes or electric lines therein, without paying compensation, but making good all damage.

Power to construct 87.

The Government may at any time enter upon any land sold, dams and water- leased or occupied under this Act, and may there do any work which it channels, and divert rivers, etc.

may consider necessary for maintaining or improving the ow of water 39 of 1968, Sch.

Rev.

2010] Government Lands CAP.

280 31 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 ofcers of the Government and contractors and their servants and agents powers.

to exercise the powers conferred by sections 86 and 87.

49 of 1960, s.

11, 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.

buildings or crops destroyed or damaged.

49 of 1960, s.

11.

90.

Where any damage or loss has been caused to any land by or Compensation for as a result of entry thereon under section 86 or section 87 by reason of damage to planted the injury or destruction of trees, bushes or shrubs planted thereon, a trees and shrubs.

reasonable sum, not exceeding the market value of the standing trees, 21 of 1953, s.

22, bushes or shrubs, shall be paid by way of compensation for the damage 49 of 1960, s.

12.

or loss notwithstanding that compensation is not otherwise payable under any of those sections.

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 Ofce.

92.

Nothing in this Part shall apply to or affect a lease or licence Part not to apply to granted under the Mining Ordinance (now repealed) or the Mining Act, leases or licences or under any Act repealed by or substituted for either of those Acts, or granted under mining any transfer of, or other transactions in relation to, any such lease or laws.

licence or any right thereunder.

Cap.

148 (1926).

Cap.

306.

93.

There shall be established under the control of the Commissioner at Nairobi, and at such other places as the Commissioner Government Lands Registrion Ofce.

may determine, an ofce, to be known as the Government Lands 39 of 1968, Sch.

Registration Ofce.

94.

The President shall appoint an ofcer, to be known as the Registrars to be Principal Registrar of Government Lands, with such registrars as may appointed.

from time to time be required.

58 of 1959, s.

18.

CAP.

280 Government Lands 32 [Rev.

2010 (2) Registration of Government Conveyances, Leases and Licences Commissioner 95.

The Commissioner shall deliver to the Principal Registrar for to deliver for registration as hereinafter directed the original, duplicate or counterpart registration of every conveyance, lease or licence of or in respect to Government all subsisting land made or granted by or on behalf of the Government.

conveyances, etc.

96.

(Repealed by 39 of 1968, s.

7.) Register of 97.

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

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 99.

All transactions entered into, affecting or conferring or affecting registered purporting to confer, limit or extinguish any right, title or interest, land to be registered.

whether vested or contingent, to, in or over land registered under this 58 of 1959, s.

20.

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.

No evidence may 100.

(1) No evidence shall be receivable in a civil court be given of certain transactions unless by (a) of the sale, lease or other transfer inter vivos of land registered instrument.

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 Rev.

2010] Government Lands CAP.

280 33 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 docu- ment rst 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 docu- ment rst 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 CAP.

280 Government Lands 34 [Rev.

2010 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 102.

Nothing in sections 100 and 101 shall apply to the following from sections 100 documents, nor shall they be capable of registration and 101.

58 of 1959, s.

22.

(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 oating charge over the assets of the company (notwithstanding that the charge, upon the happening of a subsequent event, becomes xed 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 103.

(1) Every document executed before the commencement of executed before this Act creating, declaring, assigning, limiting or extinguishing a right, commencement of title or interest to, in or over land registered under this Part which has Act to be registered.

not before the commencement been registered under the Registration Cap.

285.

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: Rev.

2010] Government Lands CAP.

280 35 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 nes prescribed in section 10 of that Act, and the Principal Registrar may impose the ne in his discretion and delay registration until the ne 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 Priority given by document presented for registration shall be accompanied by the registration not by prescribed form and fee, and shall be registered in the order of time execution.

in which it is presented for that purpose; and documents registered 58 of l959, s.

23.

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.

(2) The registrar, upon registration of a document, shall le a photostatic copy in his ofce 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 Registration of any land registered under this Part on the death or bankruptcy of any mutations of title on death, etc.

person or on the liquidation of any company, or under a certicate or 58 of 1959, s.

24.

order of, or on the sale by, the court, shall present for registration the document evidencing the right, title or interest.

106.

A person in whose favour a judgment, decree or order has Judgments and orders been pronounced, granted or made relating to or affecting any land of court may be registered.

registered under this Part may transmit to the registry a certied copy of the judgment, decree or order.

58 of 1959, s.

25.

107.

(1) No grant of probate or of letters of administration shall Refusal of be admitted to registration in respect of the title to any land registered registration in certain cases.

under this Part except upon production to the registrar of a certicate 7 of 1955, s.

4, signed by or on behalf of the Estate Duty Commissioners constituted 58 of 1959, s.

26, by the Estate Duty Act certifying that all estate duty payable under that 29 of 1967, 1st Sch., Act in respect of the land as aforesaid upon the death of the person to 39 of 1968, Sch., Cap.

257 (1948).

CAP.

280 Government Lands 36 [Rev.

2010 whose will or estate the grant as relates has been paid in full, or that no estate duty is payable thereon.

(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 Cap.

267.

to the registrar the written statement mentioned in section 21 of the L.N.

218/1986.

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 certicate 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 108.

Powers of attorney relating to or affecting land registered be registered.

under this Part, and revocations of those powers, shall be registered in 58 of 1959, s.

27.

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 Cap.

281.

Registration of Titles Act shall be deemed to have been registered under and for the purposes of this Act.

Registrar may call for 109.

(1) Every registrar shall be entitled, if he sees t so to do, proof and give notice to require any person applying for the registration of any document to third parties.

to prove its due execution, the identity of the property affected by the 58 of 1959, s.

28.

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.

Rev.

2010] Government Lands CAP.

280 37 (2) If the registrar is satised 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 satised, 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, the Director of Surveys shall not be accepted for registration.

58 of 1959, s.

29.

(2) Whenever a registrar considers that in regard to any document presented for registration a description of the boundaries of any land, sufciently 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 consid- ers 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 Regis- trar conrms the order of the registrar his decision thereon shall be nal.

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 CAP.

280 Government Lands 38 [Rev.

2010 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 dened 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 112.

No document which does not state the particulars required documents by section 111 shall be admitted to registration, except with the sanction contravening section of the Principal Registrar upon the necessary particulars being supplied 111.

by afdavit by the person producing the document for registration, and on such other terms as the Principal Registrar may think expedient.

Appeal from order 113.

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

any document from the registrar to the Principal Registrar, and the Principal Registrar may reverse or alter the order.

(2) Any person dissatised 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 dissatised 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 114.

(1) If the registration of the document is ordered by the to take effect after Principal Registrar of the High Court to be made on condition of successful appeal.

the payment of a fee for registration or other terms, then upon the 58 of 1959, s.

30, compliance of the person seeking registration with such condition or L.N.

559/1962.

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 Rev.

2010] Government Lands CAP.

280 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 English, the registrar shall refuse to register the same: documents.

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 Caveats.

58 of 1959, s.

31, otherwise, to obtain an interest in any land, that is to say, some dened 21 of 1990, Sch, interest in the land capable of creation by an instrument registrable 6 of 2006, s.

78.

under this Act, and any person in whose favour a debenture has been Cap.

486.

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.

(1A) For the prevention of any fraud or improper dealing or for any other sufcient 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 non- absolute 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 veried 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 CAP.

280 Government Lands 40 [Rev.

2010 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 t; 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.

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

218/1986.

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-ve 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 (7) The caveatee shall in an application under subsection (6) give address.

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

Extension of time to (8) The caveator may, either before or after receiving such notice caveator.

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 t.

Withdrawal of (9) The caveator may, by notice in writing to the registrar, caveat.

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

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

No second caveat (11) It shall not be lawful for the same person or for anyone on relating to same his behalf to lodge a further caveat in relation to the same matter and matter.

against the same title.

Rev.

2010] Government Lands CAP.

280 41 (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 sufciently stamped.

registration.

118.

(1) Except as may be otherwise prescribed, the registrar shall Registration, how cause a photostatic copy to be led 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 Document when sign an endorsement thereof in the prescribed form on the document registered to be registered, and the led photostatic copy thereof, and deliver the endorsed by registrar.

original to the person who presented it for registration, or his agent or 58 of 1959, s.

32.

representative.

120.

The registrar may, upon such evidence as appears to him Errors in register may sufcient, 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 Cancellation of notices, if any, as he may consider proper, and upon production of such determined entries evidence as may be prescribed or as he may deem necessary, withdraw and destruction of from the register by cancellation or otherwise any document or entry documents.

58 of 1959, s.

33.

which he is satised has determined or ceased or been discharged, or for any other reason no longer affects or relates to land registered under this Part.

(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 afrmation, and to call for the production of any document material to the inquiry from the person having custody of the document.

CAP.

280 Government Lands 42 [Rev.

2010 Appeals to High 123.

Every appeal to the High Court under this Part shall be dealt Court.

with and disposed of in such manner as the Chief Justice shall, by rules 27 of l961, Sch.

of court, prescribe.

124.

(1) A copy of any conveyance, lease or licence from the Certied copy of Government grants, Government registered in the registry, certied to be a true copy under etc., admissible in the hand of a registrar, shall be admissible in evidence of its contents evidence.

in all courts.

(2) In the event of the loss or destruction of any document registered under this Part, a copy certied under the hand of a registrar shall be admissible in evidence as to its contents in all courts.

125.

Every certied copy of any entry in the register, purporting Certied copy of to be signed by a registrar, shall be receivable in evidence in any case entry in register to be evidence.

without further or other proof thereof, unless it is alleged to be a forgery.

Registrar not to be 126.

A registrar or a person acting under his orders shall not be liable for anything liable to any action, suit or proceeding for or in respect of any matter done in good done or omitted to be done in good faith under this Act.

faith.

Searches.

127.

Any person desiring information may apply either 58 of 1959, s.

34.

(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 certicate 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 129.

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

285.

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.

Rev.

2010] Government Lands CAP.

280 43 part XIMISCellaNeOuS prOVISIONS (1) Legal Procedure, Etc.

130.

(1) When any person without right, title or licence, or whose Recovery of right, title or licence has expired or been forfeited or cancelled, is in Government lands in occupation of unalienated Government land, the Commissioner or unlawful occupation.

some person appointed by him in writing may enter a suit in any court 39 of 1968, Sch.

of competent jurisdiction to recover possession thereof.

(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 t 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 t to name, and that the defendant do pay the costs.

131.

In any action, suit or proceedings against any person for Evidence in or in respect of any alleged unlawful occupation of, use of or trespass proceedings under upon any unalienated Government land, the proof that the occupation Part.

or use in question was authorized by the provisions of this Act, or 21 of 1953, s.

24, of any other Act or law, or of any order, regulation or rule made in 39 of 1968, Sch.

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 sufcient without proof of such fact, unless the defendant proves the contrary, and all maps, plans, licences, certicates and copies certied as true under the hand of the Commissioner or the Director of Surveys shall be sufcient evidence of their contents without production of original records, and without the personal attendance of such ofcers, or proof of their signatures.

132.

In any action, suit or proceeding to which the Government As to title claimed is a party, no right or title to the possession of land within such parts under Mohammedan of Kenya as are at the commencement of this Act within the former law.

Protectorate, claimed under and in accordance with Mohammedan 39 of 1968, Sch.

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.

CAP.

280 Government Lands 44 [Rev.

2010 133 to 135.

(Repealed by 21 of 1968, s.

46.) Institution and 136.

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

for anything done under this Act shall be commenced within 21 of 1968, s.

46.

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 sufcient amends has been made before action brought, or if a sufcient 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.

137.

A notice served personally on the person to be served or sent 49 of 1960, s.

14.

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 138.

Every person who directly or indirectly offers or proposes abstain from bidding to accept or receive money or other valuable consideration as an an offence.

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 ne not exceeding six thousand shillings.

Actual receipt of 139.

Every person who actually receives money or other valuable money therefor an consideration for abstaining from bidding for or competing for the offence.

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 ne not exceeding fteen thousand shillings.

Penalty for false 140.

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

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] Government Lands CAP.

280 45 and liable to imprisonment for a term not exceeding three years or to a ne not exceeding six thousand shillings or to both.

141.

(1) The Commissioner, or any person authorized by him Power to enter land in writing in that behalf, may at all reasonable times and after giving in execution of duty.

reasonable notice (save as hereinafter provided) enter with any necessary 21 of 1953, s.

25.

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 21 of 1902.

Ordinance, 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 ofcers 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 ofcer 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 ne 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 ne not exceeding one thousand ve hundred shillings.

unalienated Government land.

39 of 1968, Sch.

143.

A person who, without the authority of the Commissioner, No rubbish to deposits or causes to be deposited upon unalienated Government land be deposited any rubbish, refuse, offal, manure, earth or any matter whatsoever, on unalienated whether rubbish or otherwise, shall be guilty of an offence and liable to a Government land.

58 of 1959, s.

35, ne not exceeding three thousand shillings, and all expenses incurred in 39 of 1968, Sch.

CAP.

280 Government Lands 46 [Rev.

2010 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 144.

A person who, by materials of any kind, wilfully obstructs obstructing roads and a road, street, highway or waterway on Government land, except by ways.

gates approved by the Minister, so as to hinder the free passage of any 39 of 1968, Sch.

person, carriage or vessel thereon, shall be guilty of an offence and liable to a ne not exceeding three thousand shillings, in addition to the expense of removal, and it shall be lawful for a magistrate, land ranger, police ofcer 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 145.

No purchaser or lessee of Government land, and no not to impound stock person occupying Government land under a licence or agreement unless land fenced.

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 sufcient 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 Cap.

364.

Diseases Act.

(3) Compensation and Arbitration Compensation and 146.

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

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 147.

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

that any dispute arising under this Act shall be referred to arbitration, 49 of 1960, s.

15, then the reference shall be to the Land Arbitration Tribunal hereinafter 4 of 1999, s.

64.

established.

(2) There shall be established a tribunal to be known as the Land Arbitration Tribunal which shall consist of ve 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 Rev.

2010] Government Lands CAP.

280 47 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 specied 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 specied.

(4) The Minister shall appoint a secretary and such other ofcers 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 qualied 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 ofce for a period of three years and shall be eligible for reappointment for a further term of three years.

CAP.

280 Government Lands 48 [Rev.

2010 (7) A member of the Tribunal may (a) at any time resign from ofce by notice in writing addressed to the Minister; (b) be removed from ofce 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 unt 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 dissatised 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] Government Lands CAP.

280 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 dissatised 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 Rules.

is used in connexion with any matter referred to in the context, the 21 of 1953, s.

27, Minister may make rules for the purpose of giving effect to the 58 of 1959, s.

36, provisions of that section.

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 21 of 1902.

Lands Ordinance, 1902, or anything done or to be done under that Ordinance which might lawfully have been prescribed under that Ordinance.

CAP.

280 Government Lands 50 [Rev.

2010 (3) Any rules under this Act may provide for their enforcement by penalties not exceeding in any case one thousand ve hundred shillings.

Saving respecting 149.

(1) So far as consistent with this Act, the repeal of the Crown Ordinance.

Lands Ordinance, 1902,* shall not affect 21 of 1902.

(a) the past operation of that Ordinance; 21 of 1953, s.

28, 49 of 1960, s.

12, L.N.

559/1962.

(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.

Rev.

2010] Government Lands CAP.

280 51 (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 Minimum value of Nature of Value of additional Nature of farm improvements to be improvement improvements to additional effected within rst be effected within improvements 3 years of the lease rst 5 years of the lease (a) 300 Sh.

20 per acre, Permanent Sh.

10 per acre, Permanent acres with a minimum of with a minimum or Sh.

600 of of Sh.

300 under (b) (i) Sh.

6,000 Permanent (i) Sh.

3,000 Permanent Over 300 acres (ii) in addition Sh.

Permanent (ii) in addition Permanent 4 per acre in respect and/or Sh.

2 per acre in and/or of every acre over non - respect of every non- 300 acres permanent acre over 300 permanent acres CAP.

280 Government Lands 52 [Rev.

2010 FIrSt SChedule (Contd.) 2.

For the purposes of this Schedule, permanent improvement means farm buildings of all descrip laying out and cultivating tions gardens and nurseries fencing water boring water furrows water races planting trees or live hedges sheep or cattle dips walls embankments or protective works wells of any kind draining land or reclamation of planting of long-lived crops swamps water tanks road-making irrigation works bridges xed machinery clearing of land for agricultural reservoirs purposes 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.

Rev.

2010] Government Lands CAP.

280 53 SECOND SCHEDULE (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; CAP.

280 Government Lands 54 [Rev.

2010 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 Ofce, 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.

Rev.

2010] Government Lands CAP.

280 55 (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 specied 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 ne 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 afxed 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: CAP.

280 Government Lands 56 [Rev.

2010 (a) That he has full power to grant the lease.

(b) That the lessee, paying the rent and fullling 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 ofcer 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 specied 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.

Rev.

2010] Government Lands CAP.

280 57 (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 afxed to the premises.

*Powers of the Commissioner under this section delegated to the Commissioner of Lands (Cap.

155 (1948), Sub.

Leg.) CAP.

280 Government Lands 58 [Rev.

2010 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 t, 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 ve 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 benet 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.

Rev.

2010] Government Lands CAP.

280 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 benet 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 benet 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 ne 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.

CAP.

280 Government Lands 60 [Rev.

2010 31.

(1) The Commissioner may grant leases of areas of land containing native villages or settlements without specically 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 dissatised with the decision of the Collector, may appeal to the Sub-Commissioner of the province, whose decision shall be nal.

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 ofce 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 ofce.

(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 specied, 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.

Rev.

2010] Government Lands CAP.

280 61 (b) The ofcers 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.

CAP.

280 Government Lands 62 [Rev.

2010 [Subsidiary] SUBSIDIARY LEGISLATION Cap.

155 (1948), Authorization under section 84 Sub.

Leg.

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.

Cap.

155 (1948), Authorization under section 88 Sub.

Leg.

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 ow 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), THE GOVERNMENT LANDS (APPEALS) RULES Sub.

Leg.

Citation.

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 3.

On an appeal being lodged under rule 2 the Registrar of the Court shall Registrar.

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.

5.

A certied copy of the decision of the High Court shall be transmitted Certied copy of to the Principal Registrar by the Registrar of the Court free of charge.

decision to go to Principal Registrar.

Rev.

2010] Government Lands CAP.

280 63 [Subsidiary] Rules under section 148 THE GOVERNMENT LANDS (APPLICATIONS FOR LEASES AND LICENCES FOR SPECIAL PURPOSES) RULES Cap.

155 (1948), 1.

These Rules may be cited as the Government Lands (Applications for Sub.

Leg.

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 fty 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 lled up and signed by the applicant or his duly constituted attorney and forwarded to the Department of Lands.

CAP.

280 Government Lands 64 [Rev.

2010 [Subsidiary] THE GOVERNMENT LANDS (REGISTRATION) RULES Cap.

155 (1948), Sub.

Leg., 1.

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

346/1960.

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., 1.

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

345/1960.

Ofces) Rules.

2.

There shall be established Government Lands Registration Ofces at Nairobi and Mombasa.

3.

In the Nairobi ofce, there shall be registered all transactions relating to Government land outside the Coast Province.

4.

In the Mombasa ofce, 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 afxed in payment of fees.

Rev.

2010] Government Lands CAP.

280 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: CAP.

280 Government Lands 66 [Rev.

2010 [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 certied 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.

Rev.

2010] Government Lands CAP.

280 67 [Subsidiary] I, of.

, make oath and say/afrm (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.

le 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 CAP.

280 Government Lands 68 [Rev.

2010 [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, Our reference: Land Registry, Nairobi/Mombasa.

.

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 afxed hereto.

Signed.

Date.

.

[Advocate for] Caveatee[s] (To be submitted in triplicate.) _ Rev.

2010] Government Lands CAP.

280 69 [Subsidiary] FOrM F NOtICe OF appeal aGaINSt reFuSal by a reGIStrar tO reGISter a dOCuMeNt To: The Principal Registrar of Government Lands, Our reference: Land Registry, Nairobi.

.

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 insufcient please continue on the back] Adhesive revenue stamps to the value of Sh.

.

in payment of fees are afxed 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 Title or Deed Number File Number Adhesive revenue stamps to the value of the prescribed fee are afxed hereto.

CAP.

280 Government Lands 70 [Rev.

2010 [Subsidiary] Date.

Signature.

Postal Address.

.

Deed le 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 afxed 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, le or register produced for inspection.

4.

Persons making searches shall check the contents of any deed le 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.

_ Rev.

2010] Government Lands CAP.

280 71 [Subsidiary] FOrM H applICatION FOr pOStal SearCh Our reference: To: The Registrar, Land Registry, Nairobi/Mombasa.

.

APPLICATION is made for a certied 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 afxed hereto.

Date.

Signed.

Name in Capitals.

Postal Address.

.

_ (For completion in the Registry) pOStal SearCh CertIFICate NO.

Certied copy forwarded as requested above.

.

Registrar.

(To be submitted in duplicate.) CAP.

280 Government Lands 72 [Rev.

2010 [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 Description Land Reference Deed File Fee Document (1) Number (2) Number (3) (4) Sh.

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

Adhesive revenue stamps afxed hereto to the value of.

_ The following documents are enclosed for endorsement: (5) Grant No.

.

Lease No.

.

Certicate No.

.

_ The following supporting documents are also enclosed: (6) Clearance Certicate Estate Duty Certicate Registration Copy of Land Control Consent Registration Copy of Provincial Commissioners Consent Withholding Tax Certicate (W.

70) Land Rent Certicate.

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 Rev.

2010] Government Lands CAP.

280 73 FOrM I(Contd.) [Subsidiary] 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 le 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 reg- istered under other Acts, the number of the deed le 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.

CAP.

280 Government Lands 74 [Rev.

2010 [Subsidiary] (5) All documents presented for registration against titles under the Registration of Titles Act, other than caveats, statutory notica- tions 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 afxing adhesive revenue stamps to the required value in the space provided on the original application form.

Such stamps may be obtained from post ofces.

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.

_ Rev.

2010] Government Lands CAP.

280 75 [Subsidiary] FOrM J applICatION FOr COpy To: The Registrar, Our reference: Land Registry, Nairobi/Mombasa.

.

I/We request you to supply.

certied/uncertied copies of the following Adhesive revenue stamps at the rate of Sh.

2 per certied copy are pinned Delete if not to this application to meet the stamp duty payable thereon.

applicable.

Adhesive revenue stamps to the value of Sh.

.

in payment of fees are afxed 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.) CAP.

280 Government Lands 76 [Rev.

2010 [Subsidiary] FOrM K eNdOrSeMeNt by reGIStrar GOVerNMeNt laNdS reGIStry Registered at.

., 19.

_ Presentation No.

Volume Folio File _.

Registrar.

Cap.155 (1948), THE GOVERNMENT LANDS (ROAD RESERVES) RULES Sub.

Leg.

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, The GovernmenT Lands (consenTs) (Fees) rULes L.N.

111/2003, L.N.

10/2010.

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.

.

1,000 (b) For every consent in respect of a transfer conveyance, assignment, mortgage, charge, Rev.

2010] Government Lands CAP.

280 77 [Subsidiary] 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 L.N.

170/1976, 1.

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

L.N.

308/1994, L.N.

11/2010.

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 CAP.

280 Government Lands 78 [Rev.

2010 [Subsidiary] (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 specications 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 le 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 Rev.

2010] Government Lands CAP.

280 79 [Subsidiary] (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 ne not exceeding one thousand ve hundred shillings or imprisonment not exceeding three months or to both.

The GovernmenT Lands (charGes For TemPorarY L.N.

171/1976.

occUPaTIon LIcences) rULes 1.

These Rules may be cited as the Government Lands (Charges for Temporary Occupation Licences) Rules.

2.

A charge of fty 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.

CAP.

280 Government Lands 80 [Rev.

2010 [Subsidiary] L.N.

172/1976, THE GOVERNMENT LANDS (FEES) RULES, 1994 L.N.

307/1994, L.N.

48/2008, 1.

These Rules may be cited as the Government Lands (Fees) Rules, L.N.

2/2010.

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 afdavit 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.

.

.

1,000 (f) For every postal search.

.

.

.

.

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

.

.

.

.

2,500 (i) On resubmission for registration of 500 per any document previously rejected because document of error thereon or for failure to comply rejected with any prerequisite of registration (j) For every copy of a registered document or abstract of title (i) where the number of pages or folios 200 per copy of does not exceed ve of such pages or folios (ii) where the number of pages or folios 200 per copy of the exceed ve rst ve pages or folios plus Ksh.

10 per page or folios in excess of the said ve pages or folios Rev.

2010] Government Lands CAP.

280 81 [Subsidiary] (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 fty 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: Sh.

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

CAP.

280 Government Lands 82 [Rev.

2010 [Subsidiary] Cap.155 (1948) THE GOVERNMENT LANDS (CONSENTS) RULES Sub.

leg.

1.

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

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 21 of 1902.

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 Ofcers consent is endorsed, shall be deemed for the purpose of this notice to constitute a separate title as above mentioned.

L.N.

211/2003.

The Land arBITraTIon TrIBUnaL rULes, 2003 Citation.

1.

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

Interpretation.

2.

In these Rules, unless the context otherwise requires- chairman 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.

Rev.

2010] Government Lands CAP.

280 83 [Subsidiary] 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 Form and time for memorandum of objection with three copies thereof, together with the prescribed lodging an objection.

fee, to the Secretary.

(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 satised 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 specically 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 Service of objection to the Secretary, a copy thereof of and the statement of facts of the memorandum of objector and the documents annexed thereto shall be served by the objector objection.

upon the Commissioner.

6.

(1) The Commissioner shall respond to the facts of the objector within Statement of facts of twenty-one (21) days after service thereof upon him under rule 5, by ling with Commissioner.

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; CAP.

280 Government Lands 84 [Rev.

2010 [Subsidiary] (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 specically 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 7.

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

of objection, the Secretary shall notify the Chairman thereof.

(2) The Chairman shall xa 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 xed for the hearing of the objection.

Procedure at hearing 8.

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

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; Rev.

2010] Government Lands CAP.

280 85 [Subsidiary] (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 cross- examined 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 afdavit 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 specied 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 certied and signed by the Chairman as a true and correct record of the proceedings and decision; (n) the Secretary shall forward a certied copy of the document described in subparagraph (k) to each party; (o) a copy certied 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.

CAP.

280 Government Lands 86 [Rev.

2010 [Subsidiary] Copies of documents 9.

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

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 fty 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 rst class to summon witnesses, to take evidence upon oath or afrmation 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 specic 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 certicate stating the amount of the costs.

(2) Every certicate issued under subsection (1) may be led in the High Court by the person in whose favour the costs have been awarded and, upon being so led, shall be deemed to be a decree of the High Court and may be executed as such: Provided that an order for costs against the Government shall not be Cap.

40.

enforced save in the manner provided for by the Government Proceedings Act.

Rules.

13.

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

21.

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 satised that any part to the suit has led 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 t, stay the proceedings in the suit pending the determination of the objection.

Rev.

2010] Government Lands CAP.

280 87 [Subsidiary] THE LAND ARBITRATION TRIBUNAL (FEES) RULES, 2010 L.N.

12/2010.

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 2, 000 (b) Filing an afdavit 100 (c) For Tribunal adjournment 1,000 (d) Preparing certied copies of the proceedings or document connected with the application (i) for the rst 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.