KENYA GAZETTE SUPPLEMENT - FAOLEX Database

1 SPECIAL ISSUE KENYA GAZETTE SUPPLEMENT No. 37 (Acts No. 6) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2012 NAIROBI, 2nd May, 2012 CONTENT Act PAGE The Land Act, 2012 217 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI 217 THE LAND ACT No. 6 of 2012 Date of Assent: 27th April, 2012 Date of Commencement: 2nd May, 2012 ARRANGEMENT OF SECTIONS Section PART I PRELIMINARY 1 Short title. 2 Interpretation. 3 Application. 4 Guiding values and principles. 5 Forms of tenure. 6 Land management and administration on institutions. 7 Methods of acquisition of title to land. PART II-MANAGEMENT OF PUBLIC LAND General Provisions 8 Management of public land.

2 9 Conversion of land. 10 Guidelines in the management of public land. 11 Conversion of ecologically sensitive public land. 12 Allocation of public land. 13 Lessee pre-emptive rights to allocation 14 Notification requirements applicable to allocation of public land. 15 Commission may reserve public land. 16 Placing of care, control and management of reserved public land. 17 Development Plans. 18 Revocation of management orders. 19 Conservation of land based natural resources. PART HI ADMINISTRATION OF PUBLIC LAND Leases, Licenses and Agreements for Public Land The Land Act, 2012 2 20 Licence for temporary purposes.

3 21 Removal of building under temporary licence. 22 Penalty for unpaid fees, etc General Conditions Relating to Leases, Licenses and Agreements for Public Land 23 Implied covenants and conditions by grantor or lessor. 24 Implied covenant and conditions by lessee or licensee. 25 Buildings on leased public lands. 26 Covenants and conditions binding on persons claiming under grant, lease or license. 27 Obligations of children. 28 Rents and other payments. 29 Unpaid rents and other payments. 30 Commission may sue for rent, etc., in arrears. 31 Forfeiture of lease if rent unpaid or for breach of covenant. 32 Forfeiture of licence.

4 33 Debt owed to Commission not extinguished by forfeiture. 34 Subdivision etc., of public land subject to continuing interests etc. 35 Acceptance of purchase money or rent not to operate as waiver of forfeiture. 36 Notice of lease, licence or agreement action on public land. PART IV COMMUNITY LAND 37 Community land. PART V ADMINISTRATION AND MANAGEMENT OF PRIVATE LAND Contracts over Land 38 Regaining possession of land after concluding contract of sale of land. 39 Vendor s right to regain possession. 40 Damages for breach of contract. 41 Procedure for obtaining order for possession. 42 Relief against rescission of contract for the sale of land.

5 Transfers 43 Transfer. 44 Transfer to take effect immediately. 45 Transfer of leases. 46 Effect of transfer on agreement in leases. The Land Act, 2012 3 47 Transfer subject to charge. 48 Transfer subject to lease. Transmissions 49 Transmission on death of joint proprietor. 50 Transmission on death of a sole proprietor or proprietor in common. 51 Effect of transmission on death. 52 Transmission on bankruptcy. 53 Transmission on Company s liquidation. 54 Transmission in other cases. PART VI - GENERAL PROVISIONS ON LEASES 55 Application of this Part.

6 56 Power to lease land. 57 Periodic leases. 58 Short-term leases. 59 Lease terminating on the occurrence of a future event. 60 Lessee remaining in possession after termination of lease without the consent of lessor. 61 Future leases. 62 Notice by co-owners. 63 Sublease for a term that is the same as or longer than the term of the head lease. 64 Surrender to enable a new head lease to be entered into not to affect sublease. 65 Covenants implied in a lease on part of the lessor. 66 Conditions implied in leases on part of the lessee. 67 Consent by lessor to application by lessee under lease.

7 68 Merger of lessor interest not to affect remedies. Transfers and Assignments 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. The Land Act, 2012 4 72 Transferor or assignee as lessee. Remedies and Relief 73 Lessor s right of forfeiture. 74 Effect of forfeiture on subleases. 75 Notice before forfeiture. 76 Relief against forfeiture. 77 Unlawful eviction. PART VII - GENERAL PROVISIONS ON CHARGES 78 Application of Part to charges.

8 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 a charge. 85 Right to discharge. 86 Transfer of charge. 87 Chargee s consent to transfer. Covenants, Conditions and Powers Implied in Charges 88 Implied covenants by the chargor. 89 Equity redemption. 90 Remedies of the 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 chargee from possession.

9 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. 102 Right of chargor to discharge charge on payment of any sum due any The Land Act, 2012 5 time before sale. 103 Application for relief by chargor. 104 Power of the court in respect of remedied and reliefs. 105 Power of the court to re-open certain charges and revise terms. 106 Exercise of powers to re-open certain charges. PART VIII COMPULSORY ACQUISITION OF INTERESTS IN LAND 107 Preliminary notice.

10 108 Power of entry to inspect land. 109 Payment for damage caused by entry for survey. 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. 117 Grant of land in lieu of award. 118 Survey where part of holding is acquired. 119 Payment of interest. 120 Additional compensation where area found to be greater. 121 Formal taking of possession and vesting. 122 Surrender of documents of title to Commission. 123 Acquisition of other land on account of severance.