Related documents
- Is amended by 24th Annual Supplement
- Is amended by Companies and Insolvency Legislation (Consequential Amendments) Act, 2015
- Is amended by Land Value (Amendment) Act, 2019
- Is amended by Statute Law (Miscellaneous Amendments) Act, 2018
LAWS OF KENYA
LAND ACT
CAP. 280
- Published in Kenya Gazette Vol. CXIV—No. 35 on 4 May 2012
- Assented to on 27 April 2012
- Commenced on 2 May 2012
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2015 (Act No. 25 of 2015) on 24 December 2015]
- [Amended by Land Laws (Amendment) Act, 2016 (Act No. 28 of 2016) on 21 September 2016]
- [Amended by Companies and Insolvency Legislation (Consequential Amendments) Act, 2015 (Act No. 19 of 2015) on 3 July 2017]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2018 (Act No. 18 of 2018) on 18 January 2019]
- [Amended by Land Value (Amendment) Act, 2019 (Act No. 15 of 2019) on 19 August 2019]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY PROVISIONS
1. Short title
This Act may be cited as the Land Act.2. Interpretation
In this Act, unless the context otherwise requires—“actual notice” means the notice which a person has personally of a matter or action or document or the rights and interests of another person;“adjoining” in relation to parcels of public land, includes parcels of land separated by—3. Application
This Act shall apply to all land declared as—4. Guiding values and principles
5. Forms of tenure
6. Powers and functions of the Cabinet Secretary in land management
The Cabinet Secretary shall, in relation to the management and administration of land—7. Methods of acquisition of title to land
Title to land may be acquired through—Part II – GENERAL CONDITIONS RELATING TO LEASES, LICENCES AND AGREEMENTS FOR LEASEHOLD LAND
[Act No. 18 of 2018, Sch.]8. Management of Public Land
9. Conversion of land
10. Guidelines on the management of public land
11. Conservation of ecologically sensitive public land
12. Allocation of public land
12A. Controlled land
13. Lessee pre-emptive rights to allocation
14. Notification requirements applicable to allocation of public land
Reserved Public Land
15. Reservation and development of public land.
16. Placing of care, control and management of reserved public land
17. Placing of care, control and management of reserved public land.
18. Revocation of management orders
19. Conservation of land based natural resources
Part III – ADMINISTRATION OF PUBLIC LAND
Leases, Licences and Agreements for Public Land
20. Licence for temporary purposes
21. Removal of building under temporary Licence
At any time before the licence expires, the occupant of any public land under a licence granted under section 20 may remove any structure or other building erected by the occupant.22. Penalty for unpaid fees, etc.
The Commission may declare a licence granted under section 20 to be forfeited if—(a)the fees payable under the licence is unpaid for one month after it became due;(b)any tax or taxes imposed upon the land, or upon a structure or building erected on the land, or upon the licencee, remains unpaid for two months after becoming due; or(c)if the occupant of the land fails to abide with the conditions of the licence.General Conditions Relating to Leases, Licences and Agreements for Public Land
23. Implied covenants and conditions by lessor
24. Implied covenant and conditions by lessee or licensee
In every lease or licence for public land under this Act, there shall be implied covenants and conditions by the lessee or licencee that the lessee or licencee shall—25. Buildings on public lands
26. Covenants and conditions binding on persons claiming under grant, lease or licence
Every covenant or condition, whether expressed or implied, in a grant, lease or licence under this Act which is binding on a grantee, lessee or licensee shall, unless otherwise expressly provided in the grant, lease or licence, be binding upon all persons claiming an interest in the land that is the subject of the grant, lease or licence, and whose title is derived through or under the grantee, lessee or licensee.27. Obligations of children
A child shall be capable of holding title to land through a trustee and such child shall be in the same position as an adult with regard to the child’s liability and obligations to the land.28. Rents and other payments
29. Unpaid rents and other payments
30. Commission may sue for rent, etc., in arrears
Without prejudice to the right of the respective government to recover a debt in any other way, such governnient may sue in Court for any rent, principal, installment, royalty or other payment, payable under any agreement, lease or license under this Act, that is in arrears, or for any penalty payable under section 29.[Act No. 18 of 2018, Sch.]31. Forfeiture of lease if rent unpaid or for breach of covenant
32. Forfeiture of licence
33. Debt owed to national government or county government, as the case maybe not extinguished by forfeiture
A forfeiture shall not extinguish any debt owed to the national government or county government, as the case maybe in respect of any rent, royalty or other payment to be made by a lessee or licensee under a lease or license forfeited.[Act No. 18 of 2018, Sch.]34. Subdivision, etc., of leasehold land subject to continuing interests, etc
35. Acceptance of purchase money or rent not to operate as waiver of forfeiture
The acceptance by or on behalf of the national government or county government as the case maybe of any purchase money or any rent or other payment under any lease or licence shall not be held to operate as a waiver by the national government or county government as the case maybe of any forfeiture accruing by reason of the breach of any covenant or condition annexed to any sale, lease or license of or respecting public land, whether the sale, lease or licence is under this Act or under any other Act relating to the disposal of public land.[Act No. 18 of 2018, Sch.]36. Notice of lease, license or agreement action on public land
Part IV – COMMUNITY LAND
37. Community land
Community land shall be managed in accordance with the law relating to community land enacted pursuant to Article 63 of the Constitution.Part V – ADMINISTRATION AND MANAGEMENT OF PRIVATE LAND
Contracts Over Land
38. Validity of contracts in sale of land
39. Vendor’s right to regain possession
If, under a contract for the sale of land, the purchaser has entered into possession of the land, the vendor may exercise his or her contractual right to rescind the contract by reason of a breach of the contract by the purchaser by—40. Damages for breach of contract
41. Procedure for obtaining order for possession
42. Relief against rescission of contract for the sale of land
Transfers
43. Transfer
44. Transfer to take effect immediately
A transfer shall not be expressed to take effect on the happening of any event or on the fulfilment of any condition or at any future time.45. Transfer of leases
On the transfer of a lease, unless the contrary is expressed in the transfer, there shall be implied—46. Effect of transfer on agreement in leases
47. Transfer subject to charge
In every transfer of land or a lease subject to a charge, there shall be an implied agreement by the transferee with the transferor to pay the interest, where applicable, secured by the charge.48. Transfer subject to lease
A transfer of land that is subject to a lease shall be valid without the lessee acknowledging the transferee as lessor, but nothing in this section—(a)affects the validity of any payment of rent made by the lessee to the transferor; or(b)renders the lessee liable, for failure to pay rent to the transferee, for any breach of agreement to pay rent, before notice of the transfer is given to the lessee by the transferee.Transmissions
49. Transmission on death of joint proprietor
If one of two or more joint proprietors of any land, lease or charge dies, the Registrar shall, on proof of the death, delete the name of the deceased from the register by registration of the death certificate.50. Transmission on death of a sole proprietor or proprietor in common
51. Effect of transmission on death
52. Transmission on bankruptcy
53. Transmission upon company’s liquidation
54. Transmission in other cases
If a person has become entitled to any land, lease or charge under any law or by virtue of any order or certificate of sale made or issued under any law, the Registrar, on the application of any interested person supported by such evidence as the person may require, shall register the person entitled, as the proprietor.Part VI – GENERAL PROVISIONS ON LEASES
55. Application of this Part
56. Power to lease land
Subject to the provisions of this Act, the owner of private land may—57. Periodic leases
58. Short-term leases
59. Lease terminating on the occurrence of a future event
A lease that comes into operation after the date on which this Act comes into operation and that provides for its termination or permits notice of its termination to be given on the occurrence of a future event shall not be invalid provided that the event is sufficiently defined in the lease so as to be identified when it occurs.60. Lessee remaining in possession after termination of lease without the consent of lessor
61. Future leases
62. Notice by co-owners
If a lease is entered into by—63. Sublease for a term that is the same as or shorter than the term of the head lease
64. Surrender to enable a new head lease to be entered into not to affect the sublease
65. Covenants implied in a lease on part of the lessor
66. Conditions implied on leases on part of the lessee
67. Consent by lessor to application by lessee under lease
68. Merger of lessor’s interest not to affect remedies
If a sublessor surrenders the head lease to the owner or merges the head lease with the land out of which it was created, the owner of the land shall have all the same remedies against the sublessee for non-performance or non-observation of the covenants and conditions expressed or implied in the sublease and all the same rights to give notice of the termination of the sublessee to the subleases as the sublessor had before the surrendered or merged the head lease.Transfer and Assignment of Leases
69. Burden and benefit of covenants to run with the reversion
70. Effect of payment by lessee to assignor of reversion
71. Transferor or assignor of lease released from liability to pay rent and observe covenants thereafter
72. Transferor or assignee as lessee
Remedies and Relief
73. Lessor’s right of forfeiture
74. Effect of forfeiture on subleases
The forfeiture of a lease determines every sublease and every other interest appearing in the register relating to that lease, but—75. Notice before forfeiture
Notwithstanding anything to the contrary contained in the lease, no lessor shall be entitled to exercise the right of forfeiture for the breach of any agreement or condition in the lease, whether expressed or implied, until the lessor has served on the lessee a notice of not less than thirty days—76. Relief against forfeiture
77. Unlawful eviction
Part VII – GENERAL PROVISIONS ON CHARGES
78. Application of Part to charges
79. Informal charges
80. Charge of land to take effect as security only
81. Order of priority of charges
82. Tacking
83. Consolidation
84. Variation of charge
85. Right to discharge
86. Transfer of charge
87. Chargee’s consent to transfer
If a charge contains a condition, express or implied that chargee prohibits the chargor from, transferring, assigning, leasing, or in the case of a lease, subleasing the land, without the consent of the chargee, no transfer, assignment, lease or sublease shall be registered until the written consent of the chargee has been produced to the Registrar.[Act No. 28 of 2016, s. 65.]Covenants, Conditions and Powers Implied in Charges
88. Implied covenant by the chargor
89. Equity redemption
90. Remedies of a chargee
91. Chargee’s action for money secured by charge
92. Appointment, powers, remuneration and duties of the receiver
93. Chargee’s power of leasing
94. Power of the chargee to take possession of the charged land
95. Withdrawal of lender from possession
96. Chargee’s power of sale
97. Duty of chargee exercising power of sale
98. Powers incidental to the power of sale
99. Protection of purchaser
100. Purchase by chargee
101. Application of proceeds of sale of charged land
The purchase money received by a chargee who has exercised the power of sale shall be applied in the following order of priority—102. Right of chargor to discharge charge on payment of any sum due any time before sale
103. Application for relief by chargor
104. Power of the court in respect of remedies and reliefs
105. Power of the court to re-open certain charges and revise terms
The Court may reopen a charge of whatever amount secured on a matrimonial home, in the interests of doing justice between the parties.106. Excrcise of power to re-open certain charges
Part VIII – COMPULSORY ACQUISITION OF INTERESTS IN LAND
107. Preliminary notice
107A. Criteria for assessing value for compulsorily acquired freehold land.
107B. Criteria for assessing value for compulsorily acquired leasehold land.
108. Power of entry to inspect land
109. Payment for damage caused by entry for inspection
As soon as practicable after entry has been made under section 108, the Commission shall promptly pay in full, just compensation for any damage resulting from the entry.110. Notice of acquisition and effect of acquisition on plant and machinery
111. Compensation to be paid
112. Inquiry as to compensation
113. Award of compensation
114. Notice of award
115. Payment of compensation
116. Payment in error
If a person has received any money by way of compensation awarded for an interest in the land being acquired, either in error or before it has been established that some other person is rightfully entitled to the interest, the Commission may, by notice in writing served on that person, require that person to refund to the Commission the amount received, and the amount shall be a debt due from that person to the Commission.117. Payment of interest.
118. Final Survey
119. Condition for payment of compensation.
Payment of compensation shall be made only upon the exercise of due diligence which shall include final survey and the determination of acreage, boundaries, ownership and value.[Act No. 28 of 2016, s. 81.]120. Formal taking of possession.
121. Surrender of documents of title.
122. Acquisition of other land on account of severance.
123. Withdrawal of acquisition.
124. Power to obtain temporary occupation of land.
125. Payment of compensation.
126. Compensation for damages
If the Commission is satisfied that any land of which the occupation or use has been secured under this Part is needed solely as a means of access to other land, then—127. Reference of matters to the Court for determination by the Commission
128. Reference to the Environment and Land Court
Any dispute arising out of any matter provided for under this Act may be referred to the Land and Environment Court for determination.129. Right of entry
The Commission and any officer or person authorized under section 108 shall, upon notice, have the right at all reasonable times to enter upon any land in furtherance of any of the purposes of this Act.130. Penalty for obstruction
A person who wilfully hinders or obstructs the Commission or an officer or person mentioned in section 129 in doing any of the acts authorized or required by this Act, or who wilfully fills up, destroys, damages or displaces any trench, post or mark made or put on land under this Act, commits an offence and is liable, on conviction, to imprisonment for a term not exceeding five years or to a fine not exceeding three million shillings, or to both.131. Service of notices
A notice which may be given under this Part may be served on a person—132. Exemption from stamp duty
Stamp duty shall not be chargeable for an award or agreement made under this Act, and no person claiming any such award or agreement shall be liable to pay a fee for a copy of the agreement.133. Rules
The Commission may make rules generally for carrying out the purposes and provisions of this Part.Part VIIIA – THE LAND ACQUISITION TRIBUNAL
[Act No. 15 of 2019, s. 13.]133A. Establishment of the Tribunal.
133B. Term of office for members.
133C. Jurisdiction of the Tribunal
133D. Appeals
133E. Limitation of liability for members of the Tribunal.
Members of the Tribunal shall not be personally liable for any act or default done or committed in good faith in the course of exercising the powers conferred by this Act.[Act No. 15 of 2019, s. 13.]Part IX – SETTLEMENT PROGRAMMES
134. Establishment of settlement scheme
135. Land Settlement Fund
Part X – EASEMENTS AND ANALOGOUS RIGHTS General
136. Interpretation
137. Application of this part
138. Nature of easement
Rights of Way
139. Entry on neighbouring land where easement is refused
140. Access order
141. Enjoyment of easement and analogous rights
142. Repealed by Act No. 28 of 2016, s. 94
Public rights of way
143. Power of the Commission to create public rights of way
144. Application for wayleave
145. Application for communal right of way
A county government, an association, or any group of persons may make an application to the commission for a communal right of way.146. Determination on creation of public right of way
147. Power of Registrar with respect to public right of way
148. Compensation in respect of public right of way
Powers of Court
149. Power of courts to enforce public rights of way
In determining any question or dispute concerning the existence or effect of a public right of way, a court may make an order on any condition, which it thinks fit on all or any of the following matters—Part XI – MISCELLANEOUS
150. Jurisdiction of the Environment and Land Court
The Environment and Land Court established in the Environment and Land Court Act (Cap. 8D) and the subordinate courts as empowered by any written law shall have jurisdiction to hear and determine disputes, actions and proceedings concerning land under this Act.[Act No. 25 of 2015, Sch.]151. Substituted service
If the Commission is satisfied that a notice cannot be served personally or by post, either because the person to be served is evading service or for some other reason the Commission may order service to be effected by—152. Rights of entry
152A. Prohibition of unlawful occupation of land.
A person shall not unlawfully occupy private, community or public land.[Act No. 28 of 2016, s. 98.]152B. Evictions to be undertaken in accordance wit the Act.
An unlawful occupant of private, community or public land shall be evicted in accordance with this Act.[Act No. 28 of 2016, s. 98.]152C. Eviction Notice to unlawful occupiers of public land
The National Land Commission shall cause a decision relating to an eviction from public land to be notified to all affected persons, in writing, by notice in the Gazette and in one newspaper with nationwide circulation and by radio announcement, in a local language, where appropriate, at least three months before the eviction.[Act No. 28 of 2016, s. 98.]152D. Eviction Notice to unlawful occupiers of community land.
152E. Eviction Notice to unlawful occupiers of private land.
152F. Application to Court for relief.
152G. Mandatory procedures during eviction.
152H. Disposal of property left after eviction.
The competent officer of the Commission or County Government, community owning a registered community land or owner of private land shall at least seven days from the date of the eviction, remove or cause to be removed or disposed by public auction, any unclaimed property that was left behind after an eviction from private, community or public land.[Act No. 28 of 2016, s. 98.]152I. Demolition of unauthorized structures.
Where the erection of any building or execution of any works has commenced or been completed on any land without authority, the competent officer shall order the person in whose instance the erection or work began or was carried, to demolish the building or works, within such period as may be specified in the order.[Act No. 28 of 2016, s. 98.]153. Repealed by Act No. 28 of 2016, s. 99.
154. Fees
155. Unlawful occupation of land
156. Obstruction of public right of way
157. Offences
158. Corrupt transactions
159. Minimum and maximum land holding acreages
160. General power to make regulations
161. Repeals
162. Savings and transitional provisions with respect to rights, actions, dispositions etc.
163. [Spent]
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
19 August 2019
18 January 2019
03 July 2017
21 September 2016
Amended by
Land Laws (Amendment) Act, 2016
Read this version
24 December 2015
04 May 2012
02 May 2012
Commenced
27 April 2012
Assented to
Cited documents 8
Act 8
1. | Environment and Land Court Act | 2565 citations |
2. | Anti-Corruption and Economic Crimes Act | 571 citations |
3. | Urban Areas and Cities Act | 224 citations |
4. | Survey Act | 187 citations |
5. | State Corporations Act | 153 citations |
6. | Agriculture and Food Authority Act | 61 citations |
7. | Valuers Act | 26 citations |
8. | Land Value (Amendment) Act, 2019 | 5 citations |
Documents citing this one 3533
Judgment 3163
Gazette 328
Legal Notice 12
Bench Bulletin 11
Act 10
1. | Tax Procedures Act | 1242 citations |
2. | Environmental Management and Co-ordination Act | 1127 citations |
3. | Kenya Revenue Authority Act | 1098 citations |
4. | Physical and Land Use Planning Act | 463 citations |
5. | Water Act | 245 citations |
6. | Community Land Act | 120 citations |
7. | Trustee Act | 51 citations |
8. | Irrigation Act | 22 citations |
9. | Building Societies Act | 21 citations |
10. | British Standard Portland Cement Company Limited (Bamburi Factory) Act | 2 citations |
Bill 8
Journal 1
1. | Adjudicating Land Disputes in a Rapidly Changing Social, Economic and Political Environment |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
The Land Regulations | Legal Notice 280 of 2017 | 25 April 2024 |
The Land (Allocation of Public Land) Regulations | Legal Notice 284 of 2017 | 31 December 2022 |
The Land (Assessment of Just Compensation) Rules | Legal Notice 283 of 2017 | 31 December 2022 |
The Land (Conversion of Land) Rules | Legal Notice 282 of 2017 | 31 December 2022 |
The Land (Extension and Renewal of Leases) Rules | Legal Notice 281 of 2017 | 31 December 2022 |