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LAWS OF KENYA
LAND ACT
THE LAND REGULATIONS
LEGAL NOTICE 280 OF 2017
- Published in Kenya Gazette Vol. CXIX—No. 180 on 8 December 2017
- Commenced on 8 December 2017
- [Amended by Land (Amendment) Regulations, 2020 (Legal Notice 131 of 2020) on 24 July 2020]
- [Amended by Land (Amendment) Regulations, 2020 (Legal Notice 222 of 2020) on 22 January 2021]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
- [Amended by Land (Amendment) Regulations, 2023 (Legal Notice 27 of 2024) on 19 January 2024]
- [Amended by Land (Amendment) Regulations, 2024 (Legal Notice 74 of 2024) on 25 April 2024]
Part I – PRELIMINARY
1. Citation
These Regulations may be cited as the Land Regulations.2. Interpretation
In these Regulations unless the context states otherwise requires—“Act” means the Land Act (Cap. 280);"authorised user" means a person who has been granted permission to access, query on any information or submit any information or document in relation to a transaction under these Regulations;"ballot paper” means an instrument picked by applicants to determine successful persons in land allocation process;"base map” means a topographical map depicting the natural and man-made features of the land;"Board” means the Land Settlement Fund Board of Trustees established under section 135 of the Act;“cadastral map” has the meaning assigned in section 2 of the Land Registration Act (Cap. 300);“cadastral plan” has the meaning assigned in section 2 of the Land Registration Act (Cap. 300);"Chief Land Registrar" means the Chief Land Registrar appointed under section 12 of the Act;"Committee” means the Sub-county Selection Committee as established by section 134(4) of the Act;"electronic" means anything relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;"electronic form" means any information generated, sent, received or stored in magnetic, optical, computer memory, microfilm or similar device;“legal documents” means the letter of offer, transfer, notification of charge, ancillary agreement, notification of discharge of charge issued under settlement program;"System" means the National Land Information System developed pursuant to paragraph 6(h) Act;“targeted groups” means groups of persons in disadvantaged positions or situations intended for special consideration in land allocation; and"user" means a person who has created an online electronic account for access or submission of information by electronic means in the System, and may include a property owner or a professional.[L.N. 131/2020, r. 2.]Part II – ADMINISTRATION OF PUBLIC LAND
3. Commission to maintain data base
The Commission shall keep and maintain a data base of all public land in physical or electronic form.[L.N. 131/2020, r. 3.]4. Inventory of land based natural resources
5. Care, control and management of reserved public land
The public agencies, statutory bodies and state bodies vested with the control, care and management of reserved land under section 16 of the Act shall carry out their mandate in accordance with the guidelines set out in the First Schedule.6. Variation Order
7. Revocation of order
The Commission may revoke the management Order in accordance with section 18(1) of the Act stating the in Order, the reasons for the revocation and any other conditions or directions to be complied with by the respective body, agency or state corporation.8. Inventory of public land vested in public entities
9. Issuance of licences on un-alienated public land
10. Notice to licencee to quit un-alienated public land
11. Payment of land rent
12. Deleted
Deleted by L. N 131/2020, r. 10.13. Application for consent to transfer, sublease or charge
Part III – CONVERSION OF FREEHOLD AND LEASEHOLD TENURE OVER NINETY-NINE YEARS OWNED BY NON CITIZENS
14. Commission to notify affected non-citizen land owners
15. Conversion of tenure
Part IV – ADMINISTRATION OF PRIVATE LAND
16. Subdivision, amalgamation, partition and reparcellation of freehold land
17. Subdivision, amalgamation, partition and reparcellation of leasehold land
18. Change or extension of user on freehold land
19. Change or extension of user on leasehold land
20. Approval of building plans or other development on leasehold land
21. Application for consent to transfer, sublease or charge on leasehold land
Part IVA – ELECTRONIC LODGING
21A. User accounts
21B. Users' obligations
A user shall—Part V – COMPULSORY ACQUISITION OF INTERESTS IN LAND
22. Application for compulsory acquisition
23. Notification of the proposed acquisition
24. Entry of the proposed acquisition in the register
The Registrar shall upon receipt of a notice under regulation 23(1), make an entry of the intended acquisition in the register.25. Notice of inquiry to be issued by Commission
26. Valuation of claims and interests
27. Preparation and service of award
28. Acquisition of part of the land and survey
Where only a portion of the land comprised has been acquired, the Commission shall within six months cause a final survey of the acquired land to be carried out and cadastral map and plan prepared before payment of compensation.29. Payment of compensation
30. Power to obtain temporary occupation of land
31. Reference of matters to court for determination by the Commission
The Commission may by application in Form 41 set out in the Third Schedule refer the matters set out in section 127(1) to court for determination.Part VI – SETTLEMENT PROGRAMMES
32. Planning and survey of settlement scheme land
33. Establishment of the sub-county selection committee
34. Identification and verification of beneficiaries
35. Preparation of list of beneficiaries
36. Determination of the cost of land
37. Allocation of land in settlement schemes
38. Board to publish names of successful beneficiaries
39. Breach of settlement land allocation conditions
40. Development and promotion of settlement programmes
The Board may, if circumstances so permit, provide funding from the Land Settlement Fund for—41. Settlement of squatters
42. Procedures of the Board
43. Trustees' administrative managements
For the efficient conduct of the affairs of the Fund the Board shall—44. Opening accounts
45. Books of accounts
46. Audit
The books of accounts of the Board shall be prepared, audited and reported in accordance with Articles 226 and 229 of the Constitution and the Public Audit Act (Cap. 412B).47. Financial year of the Board
The financial year of the Board shall be the period of twelve months ending on the 30th of June of every year.48. Conflict of Interest
49. Trustees Liability
No member of the Board shall be liable for any action, suit or proceedings for or in respect of any act done or omitted to be done in good faith in exercise of the functions, powers and duties conferred under these regulations.50. Transitional provision
Unless the contrary is specifically expressed in the Act or any other written law, all assets, liabilities, functions and responsibilities of the Settlement Fund Trustee before coming into force of the Act shall be deemed to be the assets, liabilities, functions and responsibilities of the Land Settlement Fund Board.Part VII – EASEMENTS AND ANALOGOUS RIGHTS
51. Applications for creation of public rights of way to the Commission
52. Notices by the Commission
53. Creation of a public right of way where there are no objections
Upon receipt of all the required information and where there are no objections after the expiry the period specified in the notice, the Commission shall recommend to the Cabinet Secretary to create the public right of way in accordance with section 146(4) of the Act.54. Objections to create public right of way
Where there are objections to the creation of the public right of way, the Commission shall at the end of the period specified in the notice, recommend to the Cabinet Secretary in accordance section 146(b) of the Act.55. Public inquiry in case of objections
56. Notice of public inquiry
57. Referral to the county government
58. Negotiations where there are objections
Where the Commission recommends negotiations under section 146 (b)(iii) of the Act, the Cabinet Secretary, shall, within two weeks, initiate negotiations between the persons who made objections or submissions and the applicants.59. Compensation for land and other interests on creation of public right of way
60. Order to create public right of way
61. Registration of the way leave or public right of way
The order for the public right of way or way leave shall be forwarded to the Land Registrar in the relevant County registry for noting in the register.Part VIII – MISCELLANEOUS
62. Controlled land
63. Eviction notice to unlawful occupiers of public land
64. Eviction notice to unlawful occupiers of unregistered community land
65. Eviction notice to unlawful occupiers of private land
Upon establishing that a particular parcel of private land is unlawfully occupied, the owner of the land shall issue a notice in Form LA 57 set out in the Third Schedule to the unlawful occupiers to vacate the land.66. Proper identification of persons taking part in the eviction
Any person participating in an eviction shall identify themselves by production of—67. Formal authorizations for evictions
68. Time during which evictions should be undertaken
Evictions shall be carried out between 6.00 am and 6.00pm.69. Protection of property or possessions
70. Service of Notices
71. Fees
The fees chargeable under section 154(1) of the Act shall be the fees prescribed in the Fifth Schedule.[L.N. 27/2024, s. 2, L.N. 74/2024, s. 2.]History of this document
25 April 2024 this version
Amended by
Land (Amendment) Regulations, 2024
19 January 2024
31 December 2022
Revised by
24th Annual Supplement
Read this version
22 January 2021
24 July 2020
08 December 2017
Cited documents 7
Act 6
1. | Land Registration Act | 6136 citations |
2. | Land Act | 3854 citations |
3. | Public Finance Management Act | 723 citations |
4. | Land Control Act | 583 citations |
5. | Public Audit Act | 121 citations |
6. | Public Holidays Act | 19 citations |
Legal Notice 1
1. | Land (Amendment) Regulations, 2020 | 1 citation |