- Section 1 of Land Registration Act 2012: Short title.
This Act may be cited as the Land Registration Act, 2012.
- Section 2 of Land Registration Act 2012: Interpretation.
In this Act, unless the context otherwise requires—
“adjudication officer” has the meaning assigned to it in the Land Adjudication Act, Cap. 284;
“adjudication register” has the meaning assigned to it in the Land Adjudication Act;
“assignee” means a person to whom an assignment has been...
- Section 3 of Land Registration Act 2012: Application.
Subject to section 4, this Act shall apply to—
(a) registration of interests in all public land as declared by Article 62 of the Constitution;
(b) registration of interests in all private land as declared by Article
64 of the Constitution; and
(c) registration and recording of community...
- Section 4 of Land Registration Act 2012: Limitation of application.
This Act shall not prohibit or otherwise affect the system of registration under any law relating to mining, petroleum, geo-thermal energy or any other rights over land and land-based resources in respect of public land.
- Section 5 of Land Registration Act 2012: Conflict with other laws.
Except as otherwise provided in this Act, no other written law, practice or procedure relating to land shall apply to land registered or deemed to be registered under this Act so far as it is inconsistent with this Act.
- Section 6 of Land Registration Act 2012: Registration units.
(1) For the purposes of this Act, the Commission in consultation with national and county governments may, by order in the Gazette, constitute an area or areas of land to be a land registration unit and may at any time vary the limits of any such units.
(2) Every registration unit shall be divided...
- Section 7 of Land Registration Act 2012: Land registry
(1) There shall be maintained, in each registration unit, a land registry in which there shall be kept—
(a) a land register, in the form to be determined by the Commission;
(b) the cadastral map;
(c) parcel files containing the instruments and documents that support subsisting entries in the...
- Section 8 of Land Registration Act 2012: Community Land Register.
(1) Subject to the legislation on community land made pursuant to Article 63 of the Constitution, there shall be maintained in each registration unit, a community land register in which shall be kept—
(a) a cadastral map showing the extent of the community land and identified areas of common...
- Section 9 of Land Registration Act 2012: Maintenance of documents.
(1) The Registrar shall maintain the register and any document required to be kept under this Act in a secure, accessible and reliable format including—
(a) publications, or any matter written, expressed, or inscribed on any substance by means of letters, figures or marks, or by more than one of...
- Section 10 of Land Registration Act 2012: Public access to the register.
Subject to the Constitution and any other law regarding freedom of and access to information, the Registrar shall make information in the register accessible to the public by electronic means or any other means as the Chief Land Registrar may reasonably prescribe.
- Section 11 of Land Registration Act 2012: Seal of Registry
Each registry shall have an official seal, and every instrument bearing the imprint of the seal shall be received in evidence and, unless the contrary is proved, shall be deemed without further proof to be issued by or under the direction of the Registrar.
- Section 12 of Land Registration Act 2012: Appointment of officers
There shall be appointed by the Public Service Commission, a Chief Land Registrar, and such other officers who shall be public officers as may be considered necessary for the effective discharge of functions under this Act.
(2) Any officer appointed under this Act shall be competitively recruited...
- Section 13 of Land Registration Act 2012: Qualifications for appointment of Registrar
(1) A person shall not qualify for appointment as Chief Land Registrar unless such a person—
(a) is a citizen of Kenya;
(b) holds a degree from a university recognized in Kenya;
(c) is an advocate of the High Court of Kenya of not less than ten years standing;
(d) has had at least ten years...
- Section 14 of Land Registration Act 2012: General powers of Land Registrars
The Chief Land Registrar, County Land Registrars or any other land registrars may, in addition to the powers conferred on the office of the Registrar by this Act—
(a) require any person to produce any instrument, certificate or other document or plan relating to the land, lease or charge in...
- Section 15 of Land Registration Act 2012: Cadastral map
(1) The office or authority responsible for the survey of land shall prepare and thereafter maintain a map or series of maps, to be known as the cadastral map, for every registration unit.
(2) The parcel boundaries on such maps shall be geo- referenced and surveyed to such standards as to ensure...
- Section 16 of Land Registration Act 2012: Power to alter boundary lines and to prepare new editions
(1) The office or authority responsible for the survey of land may rectify the line or position of any boundary shown on the cadastral map based on an approved subdivision plan, and such correction shall not be effected except on the instructions of the Registrar, in writing, in the prescribed form,...
- Section 17 of Land Registration Act 2012: Approval for further surveys
1) Further surveys may be made for any purpose connected with this Act, but such surveys shall be used to amend the cadastral map only if it is approved by the office or authority responsible for the survey of land.
(2) This section shall not preclude the Registrar from keeping in the registry...
- Section 18 of Land Registration Act 2012: Boundaries
(1) Except where, in accordance with section 20, it is noted in the register that the boundaries of a parcel have been fixed, the cadastral map and any filed plan shall be deemed to indicate the approximate boundaries and the approximate situation only of the parcel.
(2) The court shall not...
- Section 19 of Land Registration Act 2012: Fixed boundaries
(1) If the Registrar considers it desirable to indicate on a filed
plan approved by the office or authority responsible for the survey of land, or otherwise to define in the register, the precise position of the boundaries of a parcel or any parts thereof, or if an interested person has made an...
- Section 20 of Land Registration Act 2012: Maintenance of boundaries
(1) Every proprietor of land shall maintain in good order the fences, hedges, stones, pillars, beacons, walls and other features that demarcate the boundaries, pursuant to the requirements of any written law.
(2) The Registrar may in writing, order the demarcation within a specified time of any...
- Section 21 of Land Registration Act 2012: Interference with boundary features
(1) Any person who defaces, removes, injures or otherwise impairs a boundary feature or any part of it unless authorized to do so by the Registrar commits an offence and is liable on conviction to imprisonment for a term not exceeding two years or to a fine not exceeding two hundred thousand...
- Section 22 of Land Registration Act 2012: Combinations and subdivisions
(1) Subject to authentication of the cadastral map, if contiguous parcels are owned by the same proprietor and are subject in all respects to the same rights and obligations, the Registrar, on application by the proprietor, may combine these parcels by closing the registers relating to them and...
- Section 23 of Land Registration Act 2012: Reparcellation
(1) Subject to section 15 and authentication of the cadastral map, on the application of the proprietors of contiguous parcels who are desirous of changing the layout of their parcels, and with the consent in writing of all other persons in whose names any right or interest in the parcels is...
- Section 24 of Land Registration Act 2012: Interest conferred by registration
Subject to this Act—
(a) the registration of a person as the proprietor of land shall vest in that person the absolute ownership of that land together with all rights and privileges belonging or appurtenant thereto; and
(b) the registration of a person as the proprietor of a lease shall vest in...
- Section 25 of Land Registration Act 2012: Rights of a proprietor
(1) The rights of a proprietor, whether acquired on first registration or subsequently for valuable consideration or by an order of court, shall not be liable to be defeated except as provided in this Act, and shall be held by the proprietor, together with all privileges and appurtenances belonging...
- Section 26 of Land Registration Act 2012: Certificate of title to be held as conclusive evidence of proprietorship
(1) The certificate of title issued by the Registrar upon registration, or to a purchaser of land upon a transfer or transmission by the proprietor shall be taken by all courts as prima facie evidence that the person named as proprietor of the land is the absolute and indefeasible owner, subject to...
- Section 27 of Land Registration Act 2012: Transfer without valuable consideration
1) A proprietor who has acquired land, a lease or a charge by transfer without valuable consideration shall hold it subject to—
(a) any unregistered rights or interests subject to which the transferor held it;
(b) the law relating to Bankruptcy; and
(c) the winding-up provisions of the Companies...
- Section 28 of Land Registration Act 2012: Overriding interests
Unless the contrary is expressed in the register, all registered land shall be subject to the following overriding interests as may for the time being subsist and affect the same, without their being noted on the register—
(a) spousal rights over matrimonial property;
(b) trusts including...
- Section 29 of Land Registration Act 2012: Actual notice
Every proprietor, at the time of acquiring any land, lease or charge, shall be deemed to have had notice of every entry in the register relating to the land, lease or charge and subsisting at the time of acquisition.
- Section 30 of Land Registration Act 2012: Certificate of title and Certificate of lease
(1) The Registrar may, if requested by a proprietor of land or a lease where no certificate of title or certificate of lease has been issued, issue to him or her a certificate of title or a certificate of lease, as the case may be, in the prescribed form showing, if so required by the proprietor,...