LAND ACT - British Chamber of Commerce Kenya

1 LAWS OF Kenya . land ACT. NO. 6 OF 2012 . Revised Edition 2016 [ 2012 ]. Published by the National Council for Law Reporting with the Authority of the Attorney-General [Rev. 2016] No. 6 of 2012 . land NO. 6 OF 2012 . land ACT. ARRANGEMENT OF SECTIONS. PART I PRELIMINARY PROVISIONS. Section 1. Short title. 2. Interpretation. 3. Application. 4. Guiding values and principles. 5. Forms of tenure. 6. Powers and functions of the Cabinet Secretary in land management. 7. Methods of acquisition of title to land . PART II MANAGEMENT OF PUBLIC land . General Provisions 8. Management of public land . 9. Conversion of land . 10. Guidelines on the management of public land . 11. Conversion of ecologically sensitive public land . 12. Allocation of public land . 12A.

2 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. Development Plans. 18. Revocation of management orders. 19. Conservation of land based natural resources. PART III ADMINISTRATION OF PUBLIC land . Leases, Licenses and Agreements for Public land 20. Licence for temporary purposes. 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.

3 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. L4 - 3 [Issue 3]. No. 6 of 2012 [Rev. 2016]. land 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. 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 .

4 Contracts Over land 38. Validity of contracts in 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 . Transfers 43. Transfer. 44. Transfer to take effect immediately. 45. Transfer of leases. 46. Effect of transfer on agreement in leases. 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 upon Company's liquidation. 54. Transmission in other cases. PART VI GENERAL PROVISIONS ON LEASES.

5 55. Application of this Part. 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 shorter than the term of the head lease. 64. Surrender to enable a new head lease to be entered into not to affect sublease. [Issue 3] L4 - 4. [Rev. 2016] No. 6 of 2012 . land 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. Transfers and Assignment of Leases 69.

6 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. 75. Notice before forfeiture. 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.

7 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 chargee 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 . L4 - 5 [Issue 3]. No. 6 of 2012 [Rev. 2016]. land 102. Right of chargor to discharge charge on payment of any sum due any time before sale.

8 103. 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. 106. Exercise of powers to re-open certain charges. PART VIII COMPULSORY ACQUISITION OF INTERESTS IN land . 107. Preliminary notice. 108. Power of entry to inspect land . 109. Payment for damage caused by entry for inspection. 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. Payment of interest. 118. Final survey. 119. Condition for payment of compensation. 120. Formal taking of possession.

9 121. 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. 127. Reference of matters to the Court for determination by the Commission. 128. Reference to the Environment and land Court. 129. Right of entry. 130. Penalty for obstruction. 131. Service of notices. 132. Exemption from stamp duty. 133. Rules. 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. [Issue 3] L4 - 6. [Rev. 2016] No. 6 of 2012 .

10 land Rights of Way 139. Entry on neighbouring land where easement is refused. 140. Access order. 141. Enjoyment of easement and analogous rights. 142. Repealed. 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. 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. PART XI MISCELLANEOUS. 150. Jurisdiction of the Environment and land Court. 151. Substituted service. 152. Rights of entry. 152A. Prohibition of unlawful occupation of land . 152B. Evictions to be undertaken in accordance with the Act.