M-Wakili

Land Titles Cap 282 - as Plain Text by MWakili

LAWS OF KENYA The Land TiTLes acT Chapter 282 Revised Edition 2010 (1982) Published by the National Council for Law Reporting with the Authority of the Attorney General www.kenyalaw.org 2 CAP.

282 Land Titles [Rev.

2010 CHAPTER 282 THE LAND TITLES ACT arraNGeMeNt OF SeCtIONS part IprelIMINary Section 1Short title.

2Application.

3Interpretation.

part IIadjudICatION OF ClaIMS 4Recorder of Titles.

5Deputy Recorder of Titles may perform acts of Recorder of Titles.

6Jurisdiction of Land Registration Court.

7Judgments of Recorder of Titles to be nal and conclusive, subject to appeal.

8Recording of proceedings; consolidation of claims.

9Venue of Court.

10Qualied surveyor to be attached to Court.

11Oath of Recorder of Titles.

12Seal of Recorder of Titles.

13Presumption of authenticity of documents of Recorder of Titles.

14Alteration of forms.

15Making of claims.

16District Commissioner to give notice to residents; and may sign claims of illiterates.

17All land for which no certicate of ownership granted deemed Government land.

18Recorder of Titles to deal with claims.

19Representation of interested persons.

20Certicate of title to be granted to successful claimant.

21Effect of certicate of title.

22Boundaries to be shown on plan and to be marked on the land; penalty for alteration of boundary marks.

23Instruments of title to be deposited with Recorder of Titles on issue of certicate of title.

24Endorsement of instrument relating to other property; Recorder of Titles to retain instruments deposited.

25Death of claimant 26Recorder of Titles to keep register of certicates of title.

Rev.

2010] Land Titles CAP.

282 3 27Contents of certicate of title.

28Matters excepted from certicates of title.

29When certicate of title deemed to be registered.

30Certied copies.

31Search of register.

32All claims to be authenticated by claimant.

33Court fees and costs.

34Action to recover possession of land to lie in certain cases.

35Notice of action; limitation of actions.

36Protection of purchasers, lessees and mortgagees.

37Rights barred if no claim made.

38Saving of rights of Government and of public.

39Recorder of Titles may summon person to produce certicate of title for cancellation or correction.

40Procedure on summons.

41Recorder of Titles may issue secondary certicate of title.

42Notice to be given before issue of such certicate.

43Offences and penalties.

44Conviction not to affect remedy of persons injured.

45Recorder of Titles may issue writ of possession in favour of Government.

46Persons hindering execution of writ may be called upon to show cause.

47Penalty for hindering execution of writ.

48Exemption from stamp duty.

49Fees.

50Payment of fees.

51Protection of Recorder of Titles.

52Grant of certicate of title where claimant has agreed to exchange with Government.

53Grant of certicate of title where no valid claim made.

part IIIreGIStratION OF dOCuMeNtS aFter CertIFICate OF OwNerShIp GraNted 54Application of Part.

55Interpretation of Part.

56Principal Registrar and registrars.

57Documents to be registered.

58Effect of non-registration.

59No charge to be created except by registered document.

60Priority given by registration not by execution.

61Registration of judgments, decrees and orders of court.

62Registration of probates and letters of administration.

63Provision regarding property in local authority area.

64Registrar may call for proof and give notice to third parties.

4 CAP.

282 Land Titles [Rev.

2010 65Plans and descriptions of property.

66Mode of description of property.

67Admission of documents containing insufcient description or particulars.

68Documents unsuitable for photostat copying.

69Appeal from order refusing registration.

70Where registration ordered conditionally.

71Document not written in specied language to be accompanied by translation.

72Caveats.

73Fee to be paid before registration.

74Method of registration.

75Document when registered to be endorsed by registrar.

76Where holdings lying in two or more registration areas.

77Power of registrar to hold inquiry.

78Appeals to High Court.

79Protection of registrars.

80Searches.

81Errors in register may be corrected.

82Cancellation of determined entries and destruction of spent documents.

83Cap.

285 not to apply to documents registrable under this Act.

part IVSuppleMeNtal 84Saving of things done under certain rules.

85Where claimant transfers land, transferee may give notice of transfer.

86Transferee may be heard as if he had made claim for ownership.

87Recorder of Titles to adjudicate as if original claimant and transferee had made claim.

88Notice of transfer made after Recorder of Titles judgment but before issue of certicate.

89Recorder of Titles to give effect to such transfer.

90Transferee to pay cost of additional survey or marks, etc.

91Notice of mortgage or other interest created after time for making claims has expired but before grant of certicate.

92Recorder of Titles to adjudicate on such mortgage or interest.

93Notice of transfer of mortgage or other interest after time for making claims has expired but before grant of certicate.

94Power of Recorder of Titles to grant certicate of mortgage or other interest.

95Claims by persons having Government titles.

Rev.

2010] Land Titles CAP.

282 5 96Certicates of title in respect of Government land to be registered in Government lands register.

97Part III not to apply to entries in Government lands register.

98Issue of decree by Recorder of Titles and execution thereof.

99Rules.

SCHEDULES 6 CAP.

282 Land Titles [Rev.

2010 CHAPTER 282 Cap.

159 (1948), 24 of 1959, THE LAND TITLES ACT 27 of 1961, Sch., G.N.

1603/1955, Commencement: 30th November, 1908 G.N.

1605/1955, L.N.

518/1959, An Act of Parliament to make provision for the removal of doubts that L.N.

172/1960, have arisen in regard to titles to land and to establish a Land L.N.

173/1960, Registration Court L.N.

375/1960, 13 of 1972, part IprelIMINary K.N.

2/1964, 21 of 1990, 6 of 2006.

Short title.

1.

This Act may be cited as the Land Titles Act.

L.N.

2/1964 Application.

2.

The President may, by proclamation published in the Gazette and published in such other manner (if any) as he thinks t, apply this Act to any district, area or place in Kenya, and may by that proclamation x the day on which this Act shall apply to that district, area or place.

Interpretation.

3.

(1) In this Act and in all instruments purporting to be made or 24 of 1959, s.

2.

executed thereunder, except where inconsistent with the context and subject-matter certicate of title means a certicate of title granted by the Recorder of Titles under this Act.

encumbrance means any charge on immovable property created for the purposes of securing the payment of an annuity or sum of money other than a loan; immovable property includes land, benets to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth, but does not include standing timber (other than coconut trees), growing crops or grass; instrument means a certicate of title, conveyance, assurance, deed, map, plan, will, probate or exemplication of will, and any other document in writing relating to the title to immovable property or any interest therein; Land Registration Court means the court constituted under this Act and presided over by the Recorder of Titles or the Deputy Recorder of Titles as judge thereof; Rev.

2010] Land Titles CAP.

282 7 lunatic means any person who has been found to be a lunatic under the law for the time being in force in Kenya; mortgage means any charge on immovable property created merely for securing a loan; person includes any association of persons whether designated as an association, society, league or otherwise, and a body corporate whether limited or unlimited; person of unsound mind means any person not a minor who, not having been found to be a lunatic, is certied by two medical practitioners to be incapable from inrmity of mind of managing his own affairs; proprietor means any person seized or possessed of any freehold or other estate or interest in immovable property at law, or in equity in possession, in futurity or expectance, and any person possessed of or having any interest in or entitled to any charge upon any immovable property; Recorder of Titles includes a Deputy Recorder of Titles; signed and signature include a mark made by an illiterate person and attested by a witness to the making of such mark; (2) The description of a person as a proprietor, or as seized of or having any estate or interest in immovable property, shall be deemed to include the heirs, executors, administrators and assigns of that person.

part IIadjudICatION OF ClaIMS 4.

The President may appoint an ofcer to perform the duties of Recorder of Titles.

the Recorder of Titles under this Act.

5.

Whenever by any law for the time being in force anything is Deputy Recorder of Titles may perform appointed to be done by the Recorder of Titles, it may be lawfully done acts of Recorder of by any Deputy Recorder of Titles or other ofcer duly appointed by the Titles.

President in that behalf.

6.

There shall be a court of special jurisdiction, subordinate to Jurisdiction of Land the High Court, to be styled the Land Registration Court, whereof the Registration Court.

Recorder of Titles shall be the presiding judge, and the Recorder of Titles shall have jurisdiction in all claims made under this Act relating to immovable property situated in the district, area or place to which 8 CAP.

282 Land Titles [Rev.

2010 this Act has been applied, with powers to determine any questions that may need determination in connexion with those claims, and the Recorder of Titles shall have all the powers of a judge in respect of procedure in the Land Registration Court, including the summoning of and administering oaths to witnesses, assessors, land valuers, appraisers and other persons whose advice, assistance or evidence seem to him to be necessary, the production of instruments and records and the due and proper administration of justice and order in the Court.

Judgments of 7.

(1) The determination and judgment of the Recorder of Titles Recorder of Titles to be nal and con- upon each claim shall, save as otherwise expressly provided for in this Act, be nal and conclusive upon the claimants, and upon those clusive, subject to claiming under any of them by any title acquired subsequent to the appeal.

claim being made.

(2) The Commissioner of Lands, on behalf of the Government, and any person aggrieved by any nal judgment or order having the effect of a nal judgment of the Recorder of Titles, may within thirty days after the pronouncing thereof lodge with the Recorder of Titles an appeal in writing to the High Court, and the Recorder of Titles shall without delay forward to the High Court the appeal with the record made up as hereinafter provided.

(3) An appeal shall lie from the decrees or from any part of the decrees and from the orders of the High Court made on any such appeal to the Court of Appeal.

Recording of 8.

(1) It shall not be necessary for the Recorder of Titles to take proceedings; consolidation of down in writing the evidence given in the Land Registration Court of claims.

any witness verbatim, unless requested to do so by the claimant or by a person opposing a claim: Provided that the essence of such evidence shall be noted by him.

(2) It shall not be necessary for the Recorder of Titles to put in writing any judgment delivered by him, except in a short and concise form showing his reasons for arriving at the judgment.

(3) The record of all evidence, whether oral or documentary, taken by the Recorder of Titles at the investigation of the claims shall, subject to the provisions of subsection (5), be made up in a separate le, and the nding or judgment thereon, and reasons therefor, and all orders of the Recorder of Titles in relation thereto, shall be entered on the record.

(4) The record so made up shall at all reasonable times, upon a written application on that behalf, be open to the inspection of any Rev.

2010] Land Titles CAP.

282 9 person interested in the claim or his agent duly authorized thereto in writing, with liberty to demand and receive copies thereof or extracts therefrom upon payment of the fees which may be prescribed.

(5) The Recorder of Titles may consolidate the claims of one or more persons, and the claims shall then form the subject of the same investigation; and the record of all evidence whether oral or documentary taken by the Recorder of Titles at the investigation shall be led with any one of the statements of the claims so consolidated, and the nding or judgment on each of the claims, and reasons therefor, and all orders of the Recorder of Titles in relation thereto, shall be entered on the record.

9.

The Land Registration Court shall be held in such places as Venue of Court.

the Recorder of Titles shall determine.

10.

(1) There shall be appointed and attached to the Land Qualied surveyor to be attached to Court.

Registration Court a qualied surveyor who, with such assistants as may be necessary, shall survey land, make a plan or plans thereof and dene and mark the boundaries of any areas therein as, when and where directed by the Recorder of Titles, either before, during or after the termination of any question concerning land or any interest connected therewith, and every area so dened and marked shall be further marked with a number or other distinctive symbol to be shown upon the plan or plans for the purposes of complete identication and registration thereof as is herein-after prescribed.

(2) The surveyor or assistant may demand any explanation or information required for the purposes of this Act from any person in his opinion likely to be able to give it.

11.

The following oath shall be taken before a judge of the High Oath of Recorder of Court by the Recorder of Titles before entering upon the execution of Titles.

his ofce hereunder I, ., do solemnly swear that I will faithfully and to the best of my ability execute and perform the ofce and duties of Recorder of Titles [or Deputy Recorder of Titles] for Kenya, according to the provisions of the Land Titles Act.

So help me God.

12.

The Recorder of Titles shall have and use a seal of ofce Seal of Recorder of bearing the impression of the Kenya Coat of Arms, and having inscribed Titles.

thereon in the margin Recorder of Titles, Kenya, and the imprint of the seal shall be valid whether made in wax, ink or other substances.

10 CAP.

282 Land Titles [Rev.

2010 Presumption of 13.

All documents purporting to be issued or written by or under authenticity of the directions of the Recorder of Titles and purporting to be sealed with documents of Recorder of Titles.

his seal of ofce, or signed by him or by one of his deputies, shall be received in evidence, and shall be deemed to be issued or written by or under the direction of the Recorder of Titles without further proof, unless the contrary is shown.

Alteration of forms.

14.

The Recorder of Titles may from time to time, with the G.N.

1603/1955, approval of the Minister, make such alterations in the several forms L.N.

172/1960.

prescribed in the First Schedule as he may deem requisite, and shall, before nally issuing any such altered form, give notice thereof in the Gazette, and such form shall be supplied at the ofce of the Recorder of Titles free of charge, and every such form shall be taken to be made in the form hereby required, or in the form sanctioned by the Recorder of Titles, unless the contrary is proved.

Making of claims.

15.

(1) All persons being or claiming to be proprietors of or having or claiming to have any interest whatever in immovable property situated in any district, area or place to which this Act has been applied shall, before the expiration of six clear months from the date of the application of this Act, make a claim in respect thereof to the District Commissioner of the district wherein the immovable property is situated or to such ofcer as he may appoint: Provided that (i) if a claimant satises the Recorder of Titles that he has failed or neglected through ignorance or other sufcient cause to make his claim before the expiration of the period of six months, and if no other claim has been made in respect of the same land or any other part of it, the Recorder of Titles may hear and determine the claim out of time in all respects as if the claimant had made his claim within the period of six months; (ii) no such claim shall be heard and determined out of time unless it is made within one year of the expiration of the period of six months.

(2) Every such claim shall as regards a claim in respect of (a) estates in fee in land, to be in form A1 in the First Schedule; (b) all interests in immovable property other than estates in fee in land, be in form A2 in the First Schedule, Rev.

2010] Land Titles CAP.

282 11 and shall be forwarded by the District Commissioner or other ofcer appointed by him within one month of the receipt thereof to the Recorder of Titles, Mombasa.

(3) Any person may for the purpose of a claim under this section obtain the forms free of charge from the ofce of a District Commissioner or from the ofce of the Recorder of Titles at Mombasa.

16.

(1) The District Commissioner or such ofcer as he may District Commissioner to appoint in that behalf shall cause notice to be given, in such manner give notice to resi- as best conveys the requirements of this Act, to all persons concerned dents; and may sign therein in that district, and notices shall be issued in such districts and claims of illiterates.

elsewhere as the Minister shall from time to time determine in such language or languages as are understood by those persons, and shall be posted up in the usual places or otherwise disseminated as is deemed expedient.

(2) In districts where any person making his claim is unable for any cause to write, the District Commissioner or such other ofcer as he may appoint may sign the claim on behalf of that person, and the claim shall have the same effect as if signed by the person with his own hand under this Act.

17.

(1) All land situated in any district, area or place to which All land for which no this Act has been applied concerning which no claim or claims for certicate a certicate of ownership have been made in the manner and in the of ownership granted deemed Government period provided, or if, such claim or claims having been made, none land.

have been allowed, shall at the expiration of that period be deemed 24 of 1959, s.

3, to be Government land, and the land and all things attached to it or permanently fastened to anything attached to it shall be subject only to G.N.

1603/1955, G.N.

1605/1955, a right or interest in any person other than the Government as may be L.N.

518/1959, evidenced by a certicate of title granted under this Act or which may L.N.

172/1960, thereafter be granted by or on behalf of the Government.

L.N.

173/1960.

(2) If, within twelve years from the date on which any land becomes Government land by reason of the provisions of this section, any person satises the Minister that he or his predecessor in title was entitled to the land at that date and that the person entitled to make a claim under this Act in respect of the land had no notice of the application of this Act to the area within which the land is situated or for other good and sufcient reason failed to make a claim, the Minister may direct either (a) a grant to be made of the land to him if practicable, or (b) such value as in the circumstances may appear reasonable 12 CAP.

282 Land Titles [Rev.

2010 to be paid to him by the Permanent Secretary of the Ministry for the time being responsible for land.

Recorder of Titles to 18.

(1) The Recorder of Titles, upon receipt of the claims deal with claims.

hereinbefore provided for, shall proceed to deal therewith in the order and according to the district, area or place to which the Act has been applied as seem to him to be most expedient in connexion therewith, and, in the event of any dispute or doubt arising out of or from any claim to immovable property or interest therein, shall give notice to the persons concerned of the date when and place where he proposes to hear and determine in the Land Registration Court the matters in dispute or doubt.

(2) If a claimant fails to appear on the day xed for investigating his claim and no good and sufcient cause is shown for this absence, the Recorder of Titles may make an order or give judgment as he deems t.

(3) If a claimant appears in reasonable time and satises the Recorder of Titles that his absence was due to sickness, accident or some other cause over which he had no control, the Recorder of Titles shall cancel any order made or open up any judgment given under this section.

Representation of 19.

(1) A party in any proceeding in the Land Registration Court interested persons.

may appear by an advocate.

24 of 1959, s.

4.

(2) The Chief Commissioner or any assistant to the Chief Commissioner, and the ofcer in charge of the administration of any district concerned therein, shall in the same manner have a right of audience whenever any person is concerned in any proceeding in the Land Registration Court, and any ofcer or person generally or specially appointed in that behalf by the Commissioner of Lands shall have a right of audience on behalf of the Government in any proceeding in that Court.

Certicate of title to 20.

(1) After six months from the date of the application of this be granted to successful claimant.

Act, or as soon thereafter as is possible, the Recorder of Titles shall give a certicate of title to those persons whose right to any immovable property or any interest therein has been determined.

(2) Certicates of title shall be of three kinds (a) a certicate of ownership in form B in the First Schedule, which shall be granted to those persons whose claim to an estate in fee in land has been upheld; Rev.

2010] Land Titles CAP.

282 13 (b) a certicate of mortgage in form C in the First Schedule, which shall be granted to mortgagees of immovable property or any undivided share thereof or interest therein under any instrument valid in law; (c) a certicate of interest in form D in the First Schedule, or as near thereto as the case may require, which shall be granted to persons whose rights as owners of immovable property (other than land), or whose rights by way of lease, encumbrance, charge, lien, contract or other interest in any immovable property (except such rights as would be included in a certicate of ownership or mortgage), or whose rights in remainder, reversion or expectancy in or to immovable property, or any undivided share thereof, have been upheld.

21.

Save as in this Act otherwise expressly provided, every Effect of certicate of title duly authenticated under the hand and seal of the certicate of title.

Recorder of Titles shall be conclusive evidence against all persons (including the Government) of the several matters therein contained, and a certicate of ownership shall be conclusive proof that the person to whom the certicate is granted is the owner of the coconut trees, houses and buildings on the land in respect of which the certicate is granted, at the date of the certicate, unless there is noted thereon in manner hereinafter provided a memorandum to the contrary effect.

22.

Upon the determination of the right of any proprietor, and, Boundaries to be if the Recorder of Titles should so think t, before the issue of the shown on plan and to certicate of title, the surveyor appointed under section 10 or his be marked on the land; assistant shall, if and when directed by the Recorder of Titles, demark and delimit the boundaries of the land comprised in the estate upon a penalty for alteration of boundary marks.

map or plan, and he shall determine, place or cause to be placed upon the land boundary marks showing the demarcation and delimitation thereof, such boundary marks to be so placed at the expense of the Government and maintained and repaired at the joint or proportionate expense of the proprietor of the land and of the proprietors of land contiguous thereto, and any proprietor thereafter altering or causing to be altered whether temporarily or otherwise those boundary marks without the leave in writing of the Recorder of Titles or other ofcer duly authorized in that behalf shall be guilty of an offence and subject to penalties as hereinafter provided.

23.

Upon issuing a certicate of title to any proprietor under this Instruments of title to be deposited with Act, the Recorder of Titles shall require the proprietor to deposit with Recorder of Titles him all instruments of title which the proprietor has in his possession on issue of certicate or power and which have not already been so deposited.

of title.

14 CAP.

282 Land Titles [Rev.

2010 Endorsement of 24.

(1) If any such instrument relates to or includes any property, instrument relating to other whether movable or immovable, other than the property included in property; the certicate of title, then the Recorder of Titles shall endorse thereon Recorder of Titles a memorandum cancelling it in so far only as relates to the property to retain instruments included in the certicate of title, and shall return the instrument to the deposited.

proprietor.

(2) The Recorder of Titles shall retain in his ofce all instruments so deposited except such as he is hereby directed to return to the proprietor, and no person shall be entitled to the production of an instrument so deposited except upon the written order of the proprietor who deposited it or of some person claiming through or under him, or upon the order of the High Court.

Death of 25.

Where any claimant dies in the interval between the date of claimant.

his claim and the date appointed for the certicate of title to issue in accordance with the provisions hereinbefore contained, the certicate of title shall be issued to the person to whom the property the subject of the claim has devolved.

Recorder of Titles 26.

(1) The Recorder of Titles shall keep a register and shall le to keep register of therein the photostat copies of all certicates of title issued under this certicates of title.

Act.

24 of 1959, s.

5.

(2) Each certicate of title shall constitute a separate folio of the register.

Contents of 27.

(1) Every certicate of title shall set out a description of the certicate of title.

immovable property therein referred to, with gures and references 24 of 1959, s.

6.

necessary to identify it on the plan or map of the area in which it is situated, and a correct statement of the right, title or interest of the person to whom it is issued.

(2) The Recorder of Titles shall note thereon in such manner as to preserve their priority a memorandum of the particulars of all subsisting mortgages or other encumbrances or of any lease to which the property may be subject, and of the right or interest in the property existing at the date of the certicate of any person other than the person to whom the certicate is issued.

(3) If a certicate of title is issued to a minor or to a person under disability, the Recorder of Titles shall state the age of the minor or the nature of the disability so far as known to him.

(4) There shall be attached to every certicate of ownership a plan of the land the subject of the certicate, and the plan shall be signed by the Recorder of Titles and the Director of Surveys, or such ofcer as the Director of Surveys may appoint.

Rev.

2010] Land Titles CAP.

282 15 28.

(1) A certicate of title shall not confer upon any person any Matters excepted from certicates of rights over or to any gold, silver or precious stones, or to any mines, title.

metals or minerals whatsoever or to any mineral oil, or to or over the foreshore or to any water except in so far as those rights are expressly mentioned and described in the certicate, and except in that case nothing in this Act or in any certicate of title issued thereunder shall be deemed to derogate from the rights of the Government in or over the foreshore, or any water or any gold, silver or precious stones, or to any mines, metals or minerals whatsoever, or to any mineral oil.

(2) Nothing contained in any certicate of title issued under this Act shall derogate from any rights to or over water or rights-of-way subsisting at the date of the issue of the certicate.

29.

Every certicate of title shall be deemed to be registered under and for the purposes of this Act as soon as it has been marked When certicate of title deemed to be by the Recorder of Titles with the number of the folio and volume as registered.

embodied in the register book.

30.

The Recorder of Titles, upon payment of the fee specied Certied copies.

in the Second Schedule, shall furnish to any person applying for it a certied copy of a certicate of title.

31.

Any person may, upon payment of the fee specified in Search of register.

the Second Schedule, have access to the register for the purpose of inspection during the hours and upon the days appointed for search.

32.

The Recorder of Titles shall not receive any claim under this All claims to be Act unless there is thereon or therein a statement that it is correct for authenticated by claimant.

the purposes of this Act, signed by the claimant or by a person holding a power of attorney in that behalf from the claimant.

33.

(1) The Recorder of Titles shall, whenever any claim made Court fees and costs.

under section 15 is disallowed by him in whole or in part, order the person whose claim or application has been disallowed to pay to the Government as court fees such sums as he may think t, not exceeding two per cent of the value of the property claimed, but, save as provided in this Act, no court fees shall be demanded in any proceeding in the Land Registration Court.

(2) Any sum ordered to be paid under subsection (1) shall be recoverable by the Government in the manner prescribed by section 50.

(3) The costs of the parties to any proceedings in the Land Registration Court shall ordinarily be paid by the parties incurring them: 16 CAP.

282 Land Titles [Rev.

2010 Provided that the Recorder of Titles may, whenever he disallows any claim in whole or in part and the claim or the part thereof disallowed is in his opinion frivolous, vexatious or fraudulent, order that the expenses, or such portion thereof as he determines, incurred by the Government or by any person who has opposed the claims, shall be paid to the Government or to such other person, as the case may be, by the person whose claim is disallowed.

Action to recover 34.

Any person claiming to be wrongfully deprived of immovable possession of land to lie in certain cases.

property or of any estate or interest therein by fraud or by any error, omission or misdescription in a certicate of title may bring and prosecute an action at law for the recovery of the property or of any estate or interest therein against (a) the person to whom a certicate of title in respect of the property or estate or interest therein has been granted, by reason of that fraud or with that error, omission or misdescription herein; (b) any person who has acquired a title to the property or estate or interest therein with knowledge of that fraud, error, omission or misdescription.

Notice of action; 35.

No action for recovery of immovable property or any estate limitation of or interest therein shall lie or be sustained against the person referred to actions.

in section 34 unless notice of the action has been given to the Recorder of Titles and the action is commenced within twelve years from the grant of the certicate of title in respect of the immovable property, estate or interest: Provided that (i) any person who at the time of the grant of the certicate was under the disability of infancy or unsoundness of mind may bring the action within twelve years from the date upon which the disability ceases; (ii) the times hereby xed for prosecuting claims shall only begin to run against persons claiming estates in remainder or reversion from the time when those persons acquired a right of possession or enjoyment of the immovable property or estate or interest therein which forms the subject of their claims.

Rev.

2010] Land Titles CAP.

282 17 36.

Whenever the person against whom an action could be Protection of purchasers, lessees brought under section 34 has, before notice is given to the Recorder of and mortgagees.

Titles as provided in section 35, alienated, demised or encumbered the immovable property for valuable consideration, and the alienee, lessee or mortgagee has duly registered the alienation, demise or encumbrance, all rights and claims in or to the immovable property or any interest therein which under this Act should be the subject of a certicate of title or an endorsement thereon shall, unless evidenced by a certicate of title or an endorsement thereon made under this Act, be deemed to be extinguished and void as against the alienee, lessee or mortgagee for valuable consideration, saving however the right of any person to proceed against the person to whom the certicate of title has been granted or his estate to recover such sum as may, in the opinion of the court before which the claim is prosecuted, be equivalent to the injury which he has sustained by the loss of the immovable property, interest or estate.

37.

Save as is expressly provided in this Act to the contrary, Rights barred if no claim made.

every right, title or interest in any immovable property in respect of which a claim should have been made under section 15 shall, if a claim has not been made in respect thereof in the manner and within the period prescribed on the expiration of six months from the application of this Act to that immovable property, expire; and any claim to such a right, title or interest, whether made by the person who should have made a claim or by a person claiming through him, shall be absolutely barred.

38.

Nothing in this Act shall be held to affect the rights of the Saving of rights of Government and of Government, except where it is otherwise expressly provided, or any public.

rights which the public may possess or be entitled to in respect of any immovable property.

39.

(1) In case it appears to the satisfaction of the Recorder of Recorder of Titles as Titles that may summon person (a) a certicate of title has been issued in error or contains a to produce certicate of title for cancella- tion or correction.

variation from the judgment or judgments relating to the immovable property the subject of the certicate; or (b) a certicate of title has been fraudulently or wrongfully obtained, he may call upon the person to whom the certicate has been so issued or by whom it has been so obtained and is retained to deliver it up for the purpose of being cancelled or corrected as the case may require.

(2) If any person refuses or neglects to comply with a requisition 18 CAP.

282 Land Titles [Rev.

2010 under subsection (1), or cannot be found, the Recorder of Titles may issue a summons for that person to appear before him and show cause why the certicate should not be delivered up to be cancelled or corrected.

(3) If any person when served with a summons neglects or refuses to attend before the Recorder of Titles at the time therein appointed, the Recorder of Titles may issue a warrant authorizing and directing the person so summoned to be apprehended and brought before him for examination.

Procedure on 40.

(1) Upon the appearance before the Recorder of Titles of any summons.

person called upon, summoned or brought up by virtue of a warrant, the Recorder of Titles may examine him upon oath, and may order him to deliver up the certicate of title.

(2) Upon refusal or neglect by a person to deliver up the certicate pursuant to an order under subsection (1), the Recorder of Titles may commit that person to prison.

(3) Upon refusal or neglect, or in case the person has absconded so that a summons cannot be served upon him, the Recorder of Titles shall, if the circumstances of the case require it, issue to the proprietor of the immovable property a secondary certicate of title as is authorized under sections 41 and 42 to be issued in the case of a certicate of title being lost, mislaid or destroyed, and shall enter in the register notice of the issuing of the secondary certicate of title and the circumstances under which it was issued, and such other particulars as he may deem necessary.

(4) A secondary certicate shall be available for all purposes and uses for which the certicate of title which was not produced upon the order of the Recorder of Titles would have been available and valid in law.

Recorder of Title 41.

In the event of a certicate of title being lost, mislaid or may issue destroyed, the Recorder of Titles may issue to the proprietor thereof, if secondary satised by such evidence as he may require or by a sworn declaration certicate of titles.

(to be made by the proprietor before him or before a person qualied to administer oaths) stating the circumstances and giving full particulars of the land and interest therein concerned, a certicate containing an exact copy of the certicate of title contained in the register.

42.

The Recorder of Titles shall, as and when he proposes to issue Notice to be given before issue of such a secondary certicate or a certicate in the place of one lost, mislaid certicate.

or destroyed, give in the Gazette ninety days notice prior to issue of his intention to make the issue in the absence of any valid objection Rev.

2010] Land Titles CAP.

282 19 thereto within the period stated.

43.

(1) If any person Offences and penalties.

(a) fraudulently or falsely makes or assists in making a false or fraudulent claim, declaration or application under this Act, or is privy to the false or fraudulent making of any such claim, declaration or application, or gives or procures the giving or is privy to the giving of false evidence in respect of any claim to any right, title, estate or interest in immovable property under this Act, or fraudulently procures or assists in fraudulently procuring or is privy to the fraudulently procuring of any certicate of title or other instrument or any entry in the register or any erasure or alteration in any entry in the register or in any instrument or form issued by the Recorder of Titles; or (b) fraudulently uses, assists in fraudulently using or is privy to the fraudulent using of any form purporting to be issued by the Recorder of Titles; or (c) knowingly misleads or deceives any person hereinbefore authorized to demand explanation or information in respect of immovable property which is the subject of a claim under this Act; or (d) wilfully damages, removes, defaces, covers up, renders useless, invisible or irrecognizable or in any way whatsoever tampers or deals with boundary marks of any description provided for in this Act, or causes or procures or is privy to the causing or procuring of the damaging, removing, defacing, covering up or rendering useless, invisible or irrecognizable or in any way whatsoever tampering or dealing with any boundary marks, without the lawful order in writing of an ofcer duly authorized in that behalf, he shall be guilty of an offence and liable to imprisonment for a term not exceeding three years or to a ne not exceeding six thousand shillings, or to both such imprisonment and ne.

(2) Any certicate of title, entry, erasure or alteration so procured or made by fraud shall be void as between all parties or persons privy to the fraud.

44.

No proceeding or conviction of any act declared to be an Conviction not to affect remedy of offence under this Act shall affect any remedy which a person aggrieved or injured by that act may be entitled to against the person who has persons injured.

20 CAP.

282 Land Titles [Rev.

2010 committed the act or against his estate.

Recorder of Titles 45.

The Recorder of Titles may, on the application of the may issue writ of Commissioner of Lands, issue a writ of possession in favour of the Government in the prescribed form in respect of any land which, by possession in favour virtue of section 17, is deemed to be Government land, and the writ of Government.

shall be enforced according to the terms thereof by an ofcer of the Land Registration Court or the High Court.

Persons 46.

If, in the execution of a writ of possession issued under section hindering execution of writ 45, the ofcer charged with the execution of the writ is resisted or may be called upon obstructed by any person, or if after the ofcer has delivered possession to show cause.

the person placed in possession is hindered by any person in taking complete and effectual possession, the Commissioner of Lands may at any time within one month from the time of the resistance or obstruction or hindrance complain thereof to the Recorder of Titles, and the Recorder of Titles shall appoint a day for the determination of the complaint and intimate to the person resisting or obstructing or hindering the writ that he will be heard in opposition to the complainant if he appears before the Recorder of Titles for that purpose on the day so appointed.

Penalty for 47.

On the hearing of the complaint, the Recorder of Titles, if hindering he is satised of the obstruction or resistance or hindrance complained execution of writ.

of, may sentence the person or persons so obstructing or resisting or hindering to imprisonment for a term not exceeding six months or to a ne not exceeding two thousand shillings.

Exemption from 48.

No certicates of titles issued under this Act shall be liable stamp duty.

to stamp duty.

Fees.

49.

The fees specied in the Second Schedule shall be payable in respect of the several acts, matters and things therein mentioned.

Payment of fees.

50.

(1) The Recorder of Titles shall xa date within which the G.N.

1603/1955, L.N.

172/1960.

fee payable in respect of a certicate of title shall be paid by the person entitled to the certicate.

(2) If the fee has not been paid by that date, the Recorder of Titles shall endorse on the certicate the sum then payable in respect of the certicate, together with a note that the sum is due and payable to the Government, and shall then issue the certicate to the person entitled thereto.

(3) In the case of every certicate of title, the sum endorsed thereon shall be a debt due to the Government from the person to whom the certicate has been granted and his heirs and successors, and, in the Rev.

2010] Land Titles CAP.

282 21 case of a certicate of ownership, shall have priority over all charges or interests over the land the subject of the certicate, whether existing at the date of the certicate or created thereafter.

(4) Until the fee payable in respect of a certicate of ownership has been paid, any sale, mortgage, charge or other disposition of the land the subject of the certicate or any right or interest in or over that land, and every agreement for the sale, mortgage, charge or other disposition (except a devise by will or any lease for a period not exceeding twelve months), to which the consent of the President has not been expressed, shall be void.

(5) The Minister may, in any case he may think proper, authorize the Recorder of Titles to remit the whole or a portion of the fee payable in respect of a certicate of title, and in that case the Recorder of Titles shall endorse the certicate with a note of the remission.

51.

The Recorder of Titles shall not individually, nor shall Protection of Recorder of Titles.

any person acting under his authority, be liable to any action, suit or proceeding for or in respect of any matter bona de done or omitted to be done under this Act.

52.

(1) Whenever the Recorder of Titles, in the course of dealing Grant of with any claim or claims under this Act, is satised that any person certicate of title who has made a claim for a certicate of ownership has agreed with where claimant has agreed to exchange the Government to surrender to the Government his rights and interests with Government.

in or over the immovable property claimed in consideration of the Government granting to him a certicate of ownership in respect of other immovable property in the district, area or place to which this Act has been applied, he may issue to that person a certicate of ownership in respect of the area of Government land which the Government has agreed to grant to him and he has agreed to accept.

(2) In every such case the Recorder of Titles shall record in the le relating to the claim made by the claimant the fact that he has surrendered to the Government all his rights and interest in and over the immovable property claimed and that the certicate granted has been granted in consideration of the surrender.

(3) That record shall for all purposes be conclusive evidence of the facts therein set forth.

53.

If the Recorder of Titles, in the course of dealing with any Grant of certicate of title claim under this Act, is satised that any person has any interest in any where no valid claim Government land subject to this Act but is prevented from asserting that made.

claim by reason only that he has not made a claim in respect thereof G.N.

1603/1955, in the manner or within the time prescribed, the Recorder of Titles L.N.

172/1960.

22 CAP.

282 Land Titles [Rev.

2010 may, with the consent of the Minister or of such ofcer as the Minister may appoint in that behalf, grant to that person a certicate which the Recorder of Titles is satised that he would have been entitled to had he made a claim under and in accordance with this Act.

part IIIreGIStratION OF dOCuMeNtS aFter a CertIFICate OF OwNerShIp GraNted Application of Part.

54.

This Part shall apply to all holdings in respect of which a certicate of ownership has been issued by the Recorder of Titles.

Interpretation Part.

55.

For the purposes of this Part (a) each parcel of land the subject of a certicate of ownership shall be deemed to be a separate holding; and (b) holding includes the land and the coconut trees, houses and buildings for the time being on the land.

Principal Registrar 56.

(1) The President may appoint, by notice in the Gazette, such and registrars.

person as he may think t to be the Principal Registrar for the purposes of this Part.

(2) The President may appoint, by notice in the Gazette, such person or persons as he may think t to perform the duties of the registrar under this Part, and may dene the area or areas in respect of which the person or persons shall perform those duties.

(3) A registrar appointed under subsection (2) shall have, for and on behalf of the Recorder of Titles, the custody of the register, provided for by section 26, relating to the area in respect of which he is appointed.

Documents to be 57.

After the issue of a certicate of ownership of a holding registered.

under this Act every document affecting the holding or any interest in the holding shall, subject to the provisions of this Part, be registered 24 of 1959, s.

7.

in the register: Provided that powers of attorney relating to or affecting any such holding or any interest in any such holding, and revocations of those powers, which have been duly registered under and in accordance with Cap.

281.

the Registration of Titles Act shall be deemed to have been registered under and for the purposes of this Act.

Effect of 58.

Every document unless so registered shall be deemed void non-registration.

against all parties claiming an adverse interest thereto for valuable 24 of 1959, s.

8.

consideration by virtue of any subsequent document which has been Rev.

2010] Land Titles CAP.

282 23 duly registered: Provided that (i) fraud or collusion in obtaining the last-mentioned document, or in securing the prior registration, shall defeat the priority of the person claiming thereunder; (ii) priority shall not be lost merely in consequence of the person claiming under the registration having been affected with actual or constructive notice of the document rst executed, except in case of actual fraud; (iii) nothing herein contained shall be deemed to give any greater effect or different construction to any document registered in pursuance thereof, save the priority hereby conferred on it; (iv) priority shall not be affected by the subsequent registration of any document executed before the document rst registered; and (v) nothing in this section shall apply to the following documents, nor shall they be capable of registration (a) a composition deed; (b) a document relating to shares in a joint stock company, notwithstanding that the assets of the company consist in whole or in part of immovable property subject to this Part; (c) a debenture given by such a company and creating only a floating charge over the assets of the company (notwithstanding that the charge, upon the happening of a subsequent event, becomes xed upon all or any of the assets): Provided that this section shall nevertheless apply to such a debenture if it is not protected by a caveat registered under section 72; (d) an endorsement upon or transfer of any debenture issued by any such company; (e) a document not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest to or in immovable property subject to this Part, but merely creating a right to 24 CAP.

282 Land Titles [Rev.

2010 obtain another document, which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest; or (f) a lease for one year only or for any term not exceeding one year.

.

No charge to be 59.

(1) No lien, charge or mortgage (other than such as may arise created except by or be created in favour of the Government under or by virtue of any Act registered or other enactment) shall be created or effected so as to be of any legal document.

validity upon or in respect of a holding or interest therein, unless it is 24 of 1959, s.

9 created or effected by a last will, of which probate is registered under this Act, or by the order of a competent court or by a duly executed instrument, such order or instrument being duly registered under this Part.

(2) Nothing in this section (a) shall affect the lien of any advocate in respect of taxable costs, charges or expenses due to or incurred by him in connexion with the holding or any interest therein; (b) shall apply to an equitable mortgage by deposit of documents of title, if a memorandum of the equitable mortgage has been registered in the register; and on the discharge of the equitable mortgage a memorandum of discharge shall be registered in the register; and every memorandum shall be transmitted to the registrar of the area in which the immovable property thereby affected is situated in duplicate, and shall be in such form, and there shall be paid on the registration thereof such fee, as may be prescribed.

60.

(1) Except as is hereinafter otherwise provided, every Priority given by document presented for registration shall be accompanied by the registration not by execution.

prescribed form and fee, and shall be registered in the order of time in which it is presented for that purpose; and documents registered 24 of 1959, s.10.

in respect of or affecting the same land shall be entitled to priority according to the date of registration, and not according to the dates of the respective documents.

(2) The registrar, upon registration thereof, shall le a photostat copy in the register and shall deliver the original to the person entitled thereto, and, so soon as registered, every document shall for the purposes of this Act be deemed and be taken to be embodied in the register as part and parcel thereof.

(3) The time of presentation endorsed on the document in the Rev.

2010] Land Titles CAP.

282 25 registry shall be deemed to be the time of registration.

61.

A court in which a judgment, decree or order has been Registration of pronounced, granted or made relating to or affecting any immovable judgments, decrees and orders property subject to this Part, or any right, title or interest therein, shall of court.

transmit a copy thereof to the registrar for the purposes of registration, along with any map or plan which may have been put in evidence and referred to in the judgment, decree or order: Provided that the judgment, decree or order shall not be registered unless and until the prescribed fee has been paid by the persons in whose favour it is pronounced, granted or made.

62.

(1) On the death of any person possessed of or entitled to Registration of probates and immovable property or interest therein subject to this Part, the person to letters of whom probate of the will or letters of administration has been granted, administration.

and every wasi or court administering the estate of a deceased African, shall (a) forthwith apply to the registrar for the registration of the will or letters of administration, or of the order of the court appointing the wasi, or declaring that the estate shall be administered by the court; and (b) transmit to the registrar for registration a document in which are set out the names of the person or persons on whom the immovable property subject to this Part of the estate of the testator or intestate have devolved together with a sufcient description, for the purposes of identication, of the immovable property, and a statement as to the estate or interest therein of each person.

(2) Any person who fails to comply with the requirements of subsection (1) shall be guilty of an offence and liable to a ne not exceeding six hundred shillings; but no proceedings under this subsection shall be taken except on an information or complaint laid by the Principal Registrar.

63.

(1) The registrar shall not register any document purporting to Provision transfer immovable property to which this Part applies situated within regarding property in the area of jurisdiction of a local authority unless there is produced local authority area.

to the registrar the written statement referred to in section 21 of the 24 of 1959, s.

11, 13 of 1972, Sch.

Rating Act and unless that statement is expressed to be available until Cap.

267.

the day upon which, or until a day not earlier than that upon which, the document was registered.

(2) The registrar shall not register any document purporting to 26 CAP.

282 Land Titles [Rev.

2010 transfer or create any interest in land unless a certicate is produced to him certifying that no rent is owing to the Government in respect of the land, or that the land is freehold.

Registrar may call for 64.

(1) A registrar may require any person applying for the registration of a document to prove its due execution, and the identity proof and give notice to third parties.

of the immovable property affected by the document or of the parties to it, and, in case of an authenticated copy other than the copy of a 24 of 1959, s.

12.

judgment, decree or order of a court, the loss or destruction of the original; and, where he may have reason to believe that a fraud has been or is about to be committed on any person, he shall give notice to that person of the intended registration in order to prevent it being effected to his prejudice.

(2) If the registrar is satised upon inquiry that the document was duly made and, in the case of an authenticated copy, of the loss or destruction of the original, and as to the identity of the immovable property or the parties, and that there is no reason to believe that a fraud has been or is about to be committed, he shall register the document, and the registration shall take effect from the time of presentation.

(3) If he is not satised, he shall refuse to register the document, and shall return it unregistered, together with a statement of his reasons in writing.

Plans and 65.

(1) A document (other than a judgment, decree or order of a descriptions of court) to which there is attached a map or plan which is not signed by property.

the Director of Surveys shall not be accepted for registration.

(2) The registrar shall not register any document presented for registration unless a clearly written description of the property concerned is attached thereto signed by the Director of Surveys, nor shall any document be presented for registration if the description is insufcient to identify the parcel therein referred to without a plan attached signed by the Director of Surveys: Provided that (i) in the case of refusal, if the document is presented for registration together with a plan to the satisfaction of the registrar within such time as the registrar considers reasonable under the circumstances of the case, the registration of the document shall take effect as from the time when it was rst presented for registration; (ii) an appeal shall lie against an order made by a registrar Rev.

2010] Land Titles CAP.

282 27 under this subsection to the Principal Registrar, and the Principal Registrar may reverse or alter that order; but if the Principal Registrar conrms the order of the registrar, his decision thereon shall be nal.

66.

(1) Every document or copy thereof produced for registration Mode of description of shall contain embodied therein, or in a schedule annexed thereto, an property.

accurate and clear description of the property affected thereby and its boundaries, extent and situation, and a reference to the volume and folio of the register in which the property has been previously registered.

(2) If the property consists of a divided portion of land, the property of the person alienating it or any interest therein, that portion shall be clearly and accurately dened by its particular boundaries and extent.

(3) If the property consists of an undivided share in immovable property, the proportion which it bears to the entire property shall be stated, and a description of the entire property shall be given as required by subsection (1).

67.

No document which does not state the particulars required by Admission of documents section 66 shall be admitted to registration, except with the sanction of the Principal Registrar upon the necessary particulars being supplied by containing insufcient afdavit by the person producing the document for registration and on description or such other terms as the Principal Registrar may think expedient.

particulars.

68.

The registrar may refuse to register any document which he Documents unsuit- considers unsuitable for photostat copying.

able for photostat copying.

24 of 1959, s.

13.

69.

(1) An appeal shall lie against an order refusing to register any Appeal from order refusing registration.

document from the registrar to the Principal Registrar, and the Principal Registrar may reverse or alter the order.

(2) Any person dissatised with the decision of the Principal Registrar on appeal may, except as otherwise provided in subsection (2) of section 65, appeal to the High Court within thirty days from the decision being communicated to him.

70.

(1) If the registration of the document is ordered by the Where Principal Registrar or the High Court to be made on condition of payment registration ordered conditionally.

of a fee for registration or other terms, then upon the compliance of the person seeking registration with the condition or terms the registrar shall 24 of 1959, s.

14.

register the document, and the document shall be deemed to have been 28 CAP.

282 Land Titles [Rev.

2010 registered on the date of compliance.

(2) If the Principal Registrar or the High Court decides that the document should have been registered when originally tendered to the registrar, the document shall, upon registration, be deemed to have been registered at the time of its presentation.

Document not 71.

If any document presented for registration is not written in written in English, Arabic or Kiswahili, or such other language as may from time specied language to to time be prescribed, either generally or locally, the registrar shall refuse be accompanied by translation.

to register it unless it is accompanied by a true translation in English, certied to the satisfaction of the registrar.

Caveats.

72.

(1) Any person claiming the right, whether contractual or 24 of 1959, s.

15, otherwise, to obtain some dened interest in land capable of creation by 21 of 1990, Sch., an instrument registrable under this Act, and any person in whose favour 6 of 2006, s.

80.

a debenture has been executed by a company within the meaning of the Cap.

486.

Companies Act or by a company to which Part X of that Act applies, creating a oating charge over land (hereinafter called the caveator) may lodge a caveat with the registrar forbidding the registration of any document affecting the property either absolutely or unless the transaction is expressed to be subject to the claim of the caveator as may be required in the caveat, or to any conditions conformable to law expressed therein.

(1A) For the prevention of any fraud or improper dealing or for any other sufcient cause, the Registrar may lodge a caveat which shall be in the prescribed form forbidding the registration of any document affecting the land the subject thereof absolutely and shall lodge a non- absolute caveat over any property in respect of which he is informed by the National Museums Board of Directors that a declaration by the Minister under the National Museums and Heritage Act has been applied for, or is about to be gazetted or has been gazetted affecting the property in question; upon gazettement the caveat takes effect as a charge over the land.

Form of caveat.

(2) A caveat lodged under subsection (1) shall be in the form in the Third Schedule and shall be veried by the oath of the caveator or his agent and shall contain an address within Kenya at which notices may be served.

Notice to (3) Upon the receipt of a caveat, the registrar shall make a caveatee.

memorandum thereon of the date and hour of the receipt thereof and shall enter a memorandum thereof in the register, and shall forthwith send a notice of the caveat, by post or otherwise, to the person against whose title the caveat has been lodged (hereinafter called the caveatee).

Rev.

2010] Land Titles CAP.

282 29 Effect of caveat.

(4) So long as any caveat remains in force prohibiting the transfer or other dealing with the land, the registrar shall not, unless the caveator consents or (if the caveat does not forbid registration absolutely) the transaction is expressed to be made subject to the claim of the caveator or to any conditions expressed in the caveat, enter in the register any memorandum of transfer or other instrument purporting to transfer or otherwise deal with or affect the land in respect to which the caveat is lodged.

Opposing caveat.

(5) The proprietor or other person claiming the land may, by summons, call upon the caveator to attend before the court to show cause why the caveat should not be withdrawn, and the court may, upon proof that the caveator has been summoned and upon such evidence as the court may require, make such order in the premises, either ex parte or otherwise, as to the court seems t; and where a question of right or title requires to be determined the proceedings shall be as nearly as possible in conformity with the rules of court in relation to civil causes.

Removal of caveat (6) Except in the case of a caveat lodged by the registrar, the caveatee may make application in writing to the registrar to remove the caveat, and thereupon, and upon payment of the prescribed fee, the registrar shall give twenty-eight days notice in writing to the caveator requiring that the caveat be withdrawn, and after the expiration of the notice the registrar shall remove the caveat from the register by entering a memorandum that it is discharged, unless he has previously been served with an order of the court extending the time as herein provided.

Caveatee to give (7) A caveatee shall in an application under this section give an address.

address in Kenya at which notices and proceedings may be served.

(8) The caveator may, either before or after receiving the notice Extension of time to from the registrar, apply by summons to the court for an order to extend caveator.

the time beyond the twenty-eight days mentioned in the notice, and the summons may be served at the address given in the application of the caveatee, and the court may, upon proof that the caveatee has been summoned and upon such evidence as the court may require, make such order in the premises, either ex parte or otherwise, as the court thinks t.

(9) The caveator may, by notice in writing to the registrar, Withdrawal of withdraw his caveat at any time, but withdrawal shall not prejudice the caveat.

power of the court to make an order as to payment by the caveator of the costs of the caveatee incurred before the receipt by the caveatee of the notice withdrawing the caveat.

30 CAP.

282 Land Titles [Rev.

2010 Registration of (10) An entry shall be made by the registrar in the register of the withdrawal.

withdrawal, lapse or removal of any caveat or of any order made by the court.

(11) The same person or anyone on his behalf shall not lodge No second caveat relating to same a further caveat in relation to the same matter and against the same matter.

title.

Compensation for (12) Any person, other than the registrar, lodging or continuing wrongful caveat.

any caveat wrongfully and without reasonable cause shall be liable to make compensation to any person who may have sustained damage thereby.

Fees to be paid 73.

Neither the Principal Registrar nor any registrar shall be before required to register any document or do any other act under this Act registration.

unless the prescribed fee has been paid.

24 of 1959, s.16.

Method of 74.

(1) Save as may be otherwise prescribed by this Act, the registration.

registrar, on payment of the prescribed fee, shall le a photostat copy of 24 of 1959, s.17.

every document to be registered, and, in the case of a document falling within section 71, also of the translation, in such part of the register as relates to the land affected by the document.

(2) Every such copy led shall bear the number of the volume and folio in which it is registered and the date of registration.

Document when reg- 75.

The registrar shall, immediately after registration, make istered to be endorsed by registrar.

and sign an endorsement thereof on the document registered, and deliver it to the person who presented it for registration, or his agent or representative, and the endorsement shall be substantially in form C in the Third Schedule.

Where holdings 76.

Documents affecting holdings lying in the areas of two or lying in two or more more registrars shall be registered in the ofce of the registrar of each registration areas such area.

Power of registrar to 77.

For the purposes of inquiries under this Part, the Principal hold inquiry.

Registrar and any registrar may cite and examine witnesses upon oath or afrmation and call for the production of any document material to the inquiry from the person having custody of the document.

Appeals to 78.

Every appeal to the High Court under this Part shall be dealt Supreme Court.

with and disposed of in such manner as the Chief Justice shall, by rules 27 of 1961, Sch.

of court, prescribe.

Rev.

2010] Land Titles CAP.

282 31 79.

The Principal Registrar, registrar or a person acting under his Protection of reg- istrars.

orders shall not be liable to any action, suit or proceeding for or in respect of any matter bona de done or omitted to be done under this Act.

80.

Any person desiring information may apply either Searches.

24 of 1959, s.

18.

(a) in person to the Land Titles Registry, and, on completion of the prescribed form and on payment of the prescribed fee, may inspect the register relating to the title or documents specied in the form; or (b) by post on the prescribed form and on payment of the prescribed fee, and the registrar shall then complete and return to the applicant a postal search certicate limited to the matters specied in the form.

81.

The registrar may, upon such evidence as shall appear to him Errors in register sufcient and subject to any rules made under this Act, correct errors may be corrected.

and supply omissions in the register or in any entry therein, and may call in any outstanding document for that purpose.

24 of 1959, s.19.

82.

(1) The registrar may at any time, after such inquiry and Cancellation of determined entries notices, if any, as he may consider proper and upon production of such and destruction of evidence as may be prescribed or as he may deem necessary, withdraw spent documents.

from the register by cancellation or otherwise any document or entry 24 of 1959, s.20.

which he is satised has determined or ceased or been discharged, or for any other reason no longer affects or relates to immovable property subject to this Act.

(2) The registrar may also direct the destruction of any document in his possession or custody which has become altogether superseded by any entry in the register, or has ceased to have any effect.

83.

The Registration of Documents Act shall not apply to any Cap.

285 not to document registrable under this Act: apply to documents registrable under this Act.

Provided that, if any document relates both to immovable property which is subject to this Act and to other immovable property not so subject, that document shall be registered under this Act, and, if the document is one the registration whereof is compulsory under the Registration of Documents Act, it shall also be registered under that Act.

32 CAP.

282 Land Titles [Rev.

2010 part IVSuppleMeNtal Saving of things 84.

Any matter or thing done or any order, decree or judgment done under certain rules.

made or given under and in pursuance of the Rules made under this Act and dated the 29th August, 1912, or of the Rules made made under this Act and dated the 5th February, 1913, and not reversed or set aside shall be deemed to have been lawfully done, made or given, notwithstanding anything in this Act to the contrary.

Where claimant 85.

(1) Whenever, in the interval between the date of his claim transfers land, trans- and the date of judgment being given by the Recorder of Titles on the feree may give notice of transfer.

claim, a claimant transfers the land or portion of the land in respect of which he has claimed that he is entitled to a certicate of ownership, and the transferee cannot, by reason of the time for making claims under section 15 having expired, make a claim in respect of the land under that section, the transferee may give notice in writing to the Recorder of Titles of the sale or transfer together with the name of the transferor and such other particulars as may be required to identify the land.

(2) A transferee giving notice under this section shall pay to the Recorder of Titles a fee of four shillings.

Transferee may be 86.

Whenever notice has been given in accordance with section heard as if he had 85, the transferee shall be entitled to appear and be heard in the Land made claim for Registration Court as if he had duly made a claim for a certicate of ownership.

ownership in respect of the land of which in the notice he claims to be such transferee.

Recorder of Titles to 87.

Upon receipt of the notice, the Recorder of Titles shall inquire adjudicate as if into the claim of the original claimant and that of the transferee, and original claimant and shall enter judgment thereon, and shall issue certicates and do all transferee had made acts or things required to give effect to any judgment entered as if claim.

both the original claimant and the transferee had made claims under section 15.

Notice of transfer 88.

(1) Whenever, in the interval between the date of judgment made after Recorder given by the Recorder of Titles in favour of an applicant for a certicate of Titles judgment but before issue of of ownership and the issue of the certicate, the ownership of the land or of any portion thereof is transferred to any other person, the transferee certicate.

may give notice of the transfer to the Recorder of Titles together with such particulars as may be required to identify the land.

(2) A transferee giving notice under this section shall pay to the Recorder of Titles a fee of four shillings.

Rev.

2010] Land Titles CAP.

282 33 89.

Whenever notice has been given under and in accordance Recorder of Titles to give effect to such with section 88, the Recorder of Titles shall inquire into the matters transfer.

of which notice has been given, and if satised as to the transfer shall record a note of the transfer in the le of the case relating to that land, and shall issue certicates and do all acts or things necessary to give effect to the transfer as if the transferee had made a claim for a certicate of ownership under section 15.

90.

If by reason of transfer of land after the date of the claim by Transferee to pay cost of additional the transferor it is necessary to demark or delineate any boundary, or to survey or marks, etc.

cause any boundary mark to be placed, or to make any survey or prepare G.N.

1603/1955, any map or plan, which would not have been necessary had the transfer L.N.

172/1960.

not been effected, the transferee shall pay to the Recorder of Titles the cost of those works or things in addition to any other payment which he may be required by this Act or any rules thereunder to make, and until that amount has been paid the transferee shall not be entitled to receive and shall not, without the sanction of the Minister, be granted a certicate of ownership.

91.

(1) Any person desiring that any mortgage or other Notice of mortgage or other encumbrance or any lease, or any right or interest, of, in or over any interest created after property, granted or created after the time has expired for making claims time for making under this Act and before a certicate in respect of that property has been claims has expired issued, shall be noted in any certicate of ownership, may give notice but before grant of in writing to the Recorder of Titles of that mortgage, encumbrance, certicate.

lease, right or interest.

(2) A person giving notice under this section shall pay to the Recorder of Titles a fee of two shillings in respect of each mortgage, encumbrance, lease, right or interest of which notice is given.

92.

Whenever a notice is given to the Recorder of Titles under Recorder of Titles to adjudicate on such section 91, the Recorder of Titles shall adjudicate on the right of the mortgage or interest.

person to have the mortgage, encumbrance, lease, right or other interest of which notice has been given noted on the certicate of ownership as if the person giving notice had made a claim for a certicate of mortgage or a certicate of interest under and in accordance with this Act, and, if the mortgage or other interest is proved to his satisfaction, shall note the certicate granted in respect of the property in accordance with his judgment.

93.

(1) Any person to whom any mortgage or other encumbrance Notice of or any lease, right or interest, in respect of which a claim for a certicate transfer of mortgage of title has been made under this Act, is transferred after the time has or other interest expired for making claims under this Act but before the grant of a after time for making claims has expired certicate, may give notice in writing of the transfer to the Recorder of Titles.

but before grant of certicate.

34 CAP.

282 Land Titles [Rev.

2010 (2) A person giving notice under this section shall pay to the Recorder of Titles a fee of two shillings.

Power of 94.

Whenever notice is given under section 93, the Recorder of Recorder of Titles Titles shall adjudicate on the right of the person who has given notice to grant certicate of mortgage or other to receive a certicate of mortgage or a certicate of interest as if interest.

that person had made a claim for the certicate, and if the mortgage, encumbrance, lease, right or interest and the transfer thereof is proved to the satisfaction of the Recorder of Titles he shall issue a certicate in respect thereof to the transferee.

Claims by persons 95.

The provisions of this Act shall not apply to any person having Government claiming to be a proprietor of or having any interest in immovable titles.

Cap.

280.

property under a conveyance, lease or licence issued under the East 26 of 1897.

Africa Land Regulations, 1897, the Crown Lands Ordinance, 1902, or 21 of 1902.

the Government Lands Act.

96.

(1) In any case in which a person claiming under a conveyance, Certicates of title in respect of lease or licence issued under the East Africa Land Regulations, 1897, Government land the Crown Lands Ordinance, 1902, or the Government Lands Act to to be registered in be a proprietor of or to have any interest in immovable property has Government lands register.

applied to the Land Registration Court for a certicate of title and the 26 of 1897.

Land Registration Court has granted a certicate of title in respect of 21 of 1902.

that claim, the certicate of title shall be registered without further fee in the register of Government lands.

Cap.

280.

(2) In any case in which the Land Registration Court grants a certicate of interest in respect of land held under a conveyance, lease or licence from the Government, other than a certicate of title in respect of the conveyance, lease or licence, the certicate of interest shall be registered without further fee in the register of Government lands.

(3) Part X of the Government Lands Act shall apply as if the expression land registered under this Part used therein included Government land in respect of which the Land Registration Court had granted a certicate of title.

Part III not to apply 97.

Part III of this Act shall not apply to certicates of ownership to entries in registered under this Act in the register of Government lands.

Government lands register.

Rev.

2010] Land Titles CAP.

282 35 98.

(1) The Recorder of Titles may issue a decree for any fees Issue of decree or costs due in respect of any adjudication or order on any claim or by Recorder of Titles and execution application made under this Act, and shall have all the powers relating thereof.

to the execution of decrees of a civil court under the Civil Procedure Cap.

21.

Act in respect of decrees issued by him.

(2) The Attorney-General for and on behalf of the Government may apply for the issue of a decree and execution thereof in respect of any costs or fees due to the Government under an adjudication or order of the Recorder of Titles.

99.

The Minister may make rules under this Act for any of the Rules.

following purposes 24 of 1959, s.

21.

(a) prescribing the person by whom and the manner in which immovable property shall be valued for the purposes of this Act; (b) xing the charge to be made in respect of anything done in or emanating from the ofce of the Recorder of Titles under this Act; (c) xing the fees to be levied in the Land Registration Court; (d) prescribing the procedure to be followed on an appeal to the High Court from a judgment or order of the Recorder of Titles, the persons who shall have a right of audience on appeal and the persons in favour of whom or against whom the costs of appeals may be awarded; (e) prescribing fees and forms, either in lieu of or in addition to those set out in the First, Second and Third Schedules, in respect of any act, matter or thing to be done under this Act or any rules made thereunder; (f) for the better carrying out of or rendering effective the provisions or intentions of this Act.

36 CAP.

282 Land Titles [Rev.

2010 FIrSt SChedule FORM A1 (s.

15 (2) (a)) Application for Certicate of Title of Ownership 1.

Name, address and description of claimant.

2.

Declaration as to ownership.

3.

How ownership was obtained.

4.

Situation of the land in respect of which the claim is made.

5.

Boundaries.

6.

Is the land in physical occupation, and, if so, by whom? 7.

Is the land cultivated? 8.

Is there any mortgage thereon, and, if so, to whom and to what value and of what date? 9.

Are there any and, if so, what rights in, over or upon the land other than the claimants? What is declared above is true to the best of my [our] knowledge, information and belief and I [we] [on behalf of.

.] hereby apply for a certicate of title ownership accordingly.

[Signed].

Witness.

Name Address Description.

State where or how the applicant would prefer any further notice from the Recorder of Titles to be sent.

Rev.

2010] Land Titles CAP.

282 37 FORM A2 (s.

15 (2) (b)) Application for Certicate of Mortgage or Interest 1.

Name, address and description of claimant.

2.

Declaration as to the mortgage or other interest claimed.

3.

Date of acquisition and, if a mortgage, encumbrance or charge, names of parties and sum ofmoney involved.

4.

Situation and boundaries of the immovable property which or an interest in which is claimed.

5.

Has any person any and what right or interest in the mortgage or other interest mentioned in this claim other than the claimant? What is stated above is true to the best of my [our] knowledge, information and belief and I [we] [on behalf of .] hereby apply for a certicate of mortgage [interest] accordingly.

[Signed].

Witness Name Address.

Description.

State where or how the applicant would prefer any further notice from the Recorder of Titles to be sent.

To be inserted in Register Book No.

38 CAP.

282 Land Titles [Rev.

2010 FORM B (s.

20 (2) (a)) Certicate of Ownership I,.

, Recorder of Titles, do hereby certify that is the proprietor of an estate in fee [together with the mineral rights]* in that piece of land situated in the.

Province at.

, and which is demarcated and delineated on the plan No.

deposited in the ofce of the Recorder of Titles at Mombasa and thereon numbered.

, and containing.

or thereabouts and subjects to such mortgages and other interests (if any) as hereunder written.

.

In witness whereof I have hereunto set my hand and seal this.

day of , 19.

(L.S.) Recorder of Titles.

Mortgages and other interests above referred to:.

* The words in brackets to be deleted if the land has been acquired Rev.

2010] Land Titles CAP.

282 39 from the Government or otherwise with a reservation of minerals.

If the land has been acquired from the Government add and subject to the provisions of the (here specify the law under which the land has been acquired or by which the holding is governed).

FORM C (s.

20 (2) (b)) Certicate of Mortgage I, , Recorder of Titles, do hereby certify that.

, of.

, is the mortgagee of that piece of land [or other immovable property] situated in the.

Province at.

and whereof a certicate of ownership in respect of the estate in fee in that land [or land containing that other immovable property] has been granted to ., of , numbered in the Register Book Vol.

, by virtue of a mortgage dated the.

day of ., 19., for Sh.

In witness whereof I have hereunto set my hand and seal this.day of , 20.

(L.S.) Recorder of Titles.

_ FORM D (s.

20 (2) (c)) Certicate of Interest I, ., Recorder of Titles, do hereby certify that ., of , is the owner of the rights following, to wit situated in or upon that land situated in the Province at.

whereof a certicate of ownership in respect of the estate in fee in the land containing or bearing those rights has been granted to , of , numbered.

in Register Book Vol.

In witness whereof I have hereunto set my hand and seal this.

day of ., 19.

40 CAP.

282 Land Titles [Rev.

2010 (L.S.) Recorder of Titles.

N.B.In these case of Government lands these words would be substituted situated in or upon that Government land situated in the Province at.

and which is demarcated and delineated on the plan No.

deposited in the ofce of the Recorder of Titles at Mombasa, and thereon numbered.

and containing or thereabouts.

For additional forms, see Third Schedule and Subsidiary Legislation.

SECOND SCHEDULE (ss.

30 and 31) FeeS payable IN reSpeCt OF the SeVeral aCtS, MatterS aNd thINGS hereIN SpeCIFIed 1.

(a) Certicate of ownership.

A fee at the rate of two per cent on the value of the land in respect of which the certicate is granted: Provided that (i) no land shall be assessed for the purpose of that fee at a higher rate than Sh.

3,000 per acre or at a lower rate than Sh.

20 per acre, and that in no case shall a fee of less that Sh.

10 be payable; (ii) no such fee shall be required for a certificate of ownership in respect of land granted by or on behalf of the Government.

(b) Certicate of interest: Sh.

2.

(c) Certicate of mortgage: Sh.

2.

2.

For a certicate issued to replace one lost, mislaid or destroyed: Sh.

20 irrespective of value.

3.

For a secondary certicate: Sh.

10 irrespective of value.

4.

For a certied copy of a certicate of title Rev.

2010] Land Titles CAP.

282 41 (a) where such a certicate has no memorandum of mortgage, lease, encumbrance or other rights noted thereon: Sh.

10 irrespective of value; (b) where such certicate of title has such memorandum: Sh.

10, with an additional Sh.

1 in respect of each item noted in such memorandum.

5.

On search or inspection (a) for a specied instrument: Sh.

4; (b) for a general search: Sh.

10.

For additional fees, see Subsidiary Legislation.

THIRD SCHEDULE L.N.

375/1960.

FORM A (s.

72) CAVEAT FORBIDDING REGISRATION OF DEALING WITH LAND To: The Registrar Land Registry, Nairobi/Mombasa.

TAKE NOTICE that I.

of ., (at which address within Kenya notices may be served) claiming (1) in (2).

forbid the registration of any dealing with the land 42 CAP.

282 Land Titles [Rev.

2010 (a) absolutely or (b) unless the transaction be expressed to be subject to the claim of the Caveator (3).

Dated this day of , 19.

[Signed].

I, , of make oath and say [afrm] (3) that to the best of my knowledge and belief the claim above referred to is true.

Sworn at.

this.

day of ., 19.

Before me (1) Nature of registrable interest claimed in land.

(2) Particulars of land.

(3) Delete whichever is not applicable.

_ FORM B (s.

72) Notice of Withdrawal of Caveat To: The Registrar, Land Registry, Nairobi/Mombasa.

I/We, ., Rev.

2010] Land Titles CAP.

282 43 of ., withdraw the caveat registered as [Signed].

Date.

[Advocate for] Caveator[s] _ FORM C (s.

75) ENDORSEMENT BY REGISTRAR laNd tItleS reGIStry Registered at.

m.

,19.

Presentation Volume Folio File No.

Registrar For additional forms, see First Schedule and Subsidiary Legislation.

_ CAP44.

282 Land Titles [Rev.

2010 [Subsidiary] Cap.

159 (1948), SUBSIDIARY LEGISLATION Sub.

Leg.

Application of Act under Section 21.

The former district of Malindi.

2.

Mombasa Island.

3.

Tana River District.

4.

The area within the Coast Province the boundaries whereof, commencing at Mackenzie Point opposite Mombasa Fort, run thence in a northerly and then a north-westerly direction along the coast of the mainland bordering Port Tudor and up to what is known as the Jomvu Creek and along the course of the Kombeni River as far as the limits of the ten-mile zone; thence along the ten-mile zone to a point due west of Mwando Makonde, thence along the southern boundary of Mazrui Reserve Block No.

1 to the coast and southwards along the coast to Mackenzie Point, the point of commencement.

5.

The area of land within the Coast Province the boundaries whereof, commencing at the point where the Umba River crosses the Tanzania boundary, run thence in a straight line to Mazeras Station, thence to a point at which the Kombeni River cuts the ten-mile zone, thence following the southern boundary of the area dened in paragraph 4 above to Mackenzie Point, thence in a straight line to Ras Mwaka Senge, thence following the coast line of the mainland south to Tanzania, thence in a westerly direction along the Tanzania boundary to the point of commencement.

6.

The Island of Lamu.

7.

The Lamu Archipelago outside Lamu Island and to the remainder of the former Lamu District lying north of the boundary of the Sultanate of Witu.

8.

The Sultanate of Witu.

Rev.

2009] Land Titles CAP.

282 45 Rules under section 99 [Subsidiary] Cap.

159 (1948), THE LAND TITLES RULES Sub.

Leg.

part IprelIMINary 1.

These Rules may be cited as the Land Titles Rules.

part IIreGIStratION OF judGeMeNt deCreeS aNd OrderS OF a COurt 2.

(1) A copy of a judgment, decree or order of a court transmitted to a registrar by a court under section 61 of the Act, and a will, letters of administration or an order of a court presented for registration under paragraph (a) of subsection (1) of section 62 of the Act, shall not be copied into the register, but, on receipt of the prescribed fees, shall be led in the ofce of the registrar in such manner as the Principal Registrar shall direct, and a note referring to the judgment, decree, order, will or letters of administration and to the book in which it is led shall be entered by the Registrar in the volume and folio of the register in which the holding affected is registered.

(2) On the ling of any such document and on the entry being made in the register book, the document shall be deemed to be duly registered for the purposes of the Act.

3.

The le of documents under rule 2 shall be open to inspection on the same terms and on payment of the same fees as may, from time to time, be prescribed for search in the register book.

4.

(1) The court or person required to apply for the registration of a will or letters of administration or an order of a court under paragraph (a) of subsection (1) of section 62 of the Act, or to transmit a document as required by paragraph (b) of that subsection, shall transmit to the registrar out of the moneys of the estate the fee prescribed for the registration of the will, letters of administration, order of the court or document, as the case may be.

(2) In the case of a will, letters of administration or order of a court, the prescribed fee shall be transmitted to the registrar as soon as moneys belonging to the estate and sufcient to pay the fee have been received by the executor, administrator, wasi or court, as the case may be.

(3) In the case of a document transmitted in pursuance of paragraph (b) of subsection (1) of section 62 of the Act, the prescribed fee shall be sent to the registrar, together with the document.

part IIIaSCertaINMeNt OF Value OF prOperty 5.

(1) Whenever it is necessary that the value of any property shall be ascertained for the purpose of determining the fee to be paid in respect of a certicate of ownership to be granted under the Act, or for the purpose of determining the sum to be paid by an unsuccessful claimant under subsection (1) of section 33 of the Act, the value shall be determined by the Recorder of CAP46.

282 Land Titles [Rev.

2010 [Subsidiary] Titles, and, save as hereinafter provided, his determination shall be nal and conclusive against the person to whom the certicate is to be granted, or against the claimant, as the case may be.

(2) Any person entitled to a certicate of ownership and any person against whom an order has been made under subsection (1) of section 33 of the Act who may be dissatised with the determination of the Recorder of Titles may, within thirty days after the determination has been rst notied to him, appeal to the High Court against the determination in the manner prescribed by subsection (2) of section 7 of the Act for appeals against a nal judgment or order.

6.

Both for the purposes of the fee to be paid for a certicate of title and for the purposes of an order made against an unsuccessful claimant under subsection (1) of section 33 of the Act, the value of immovable property shall be deemed to be the market value of the property to be valued at the date of the valuation by the Recorder of Titles: Provided that in determining the value of any land for the purpose of ascertaining the fee to be paid for a certicate of ownership the Recorder of Titles shall not take into consideration the value of any trees or crops or any buildings or other improvements on the land.

7.

For the purpose of determining the value of any immovable property for any purpose under the Act, it shall not be necessary for the Recorder of Titles to have before him any documentary or oral evidence as to the value of the property: Provided that the Recorder of Titles shall, if so required by any person who would have the right to appeal against his determination, receive and record any evidence produced by or on behalf of that person as to the value of the property.

part IVappealS 8.

Every petition of appeal under the Act or any rules made there under shall be accompanied by the court fee prescribed by rules of court.

9.

The Recorder of Titles shall endorse the date of lodgment on every petition so lodged, and shall forward the record of the claim or other matters in reference to which the appeal arises, together with the appeal fee, to the Registrar of the High Court.

10.

In the event of an appellant wishing to appeal in forma pauperis, he may lodge with his petition of appeal a sworn statement as to means, and the Recorder of Titles shall attach to the record forwarded to the High Court his opinion thereon, and a judge of the High Court shall give directions as to the admission of the appeal in forma pauperis or otherwise.

11.

Every petition of appeal shall concisely set forth the grounds of appeal, and shall be accompanied by as many copies as are necessary for service Rev.

2009] Land Titles CAP.

282 47 on the Commissioner of Lands and on each party who has claimed ownership [Subsidiary] of or an interest in the land in dispute before the Recorder of Titles.

12.

The appearance of an appellant shall not be necessary for the hearing of an appeal, and if at the time of lodging his appeal he signies his intention of not so appearing he may lodge with his petition of appeal arguments in support thereof together with a sufcient number of copies for service with the petition of appeal as required by rule 11.

13.

If the original petition is in a language other than English or if the appellant does not le a sufcient number of copies as required by rules 11 and 12, the Registrar of the High Court shall cause the translation and a sufcient number of copies of the translation or of the original petition or of the arguments in support thereof, as the case may be, to be made at the cost of the appellant.

14.

No person shall be entitled to be heard at the hearing of an appeal unless he is a person interested on whom notice has been served by the Recorder of Titles.

15.

(1) The Commissioner of Lands, on behalf of the Government, shall not be entitled to be heard on an appeal except where he is the appellant or where he has notied the appellant through the Registrar of the High Court that he intends to contest the appeal on behalf of the Government.

(2) Notication shall be delivered to the Registrar of the High Court within fourteen days of the receipt of the copy of the petition of appeal by the Commissioner of Lands.

16.

No appeal shall be set down for hearing till after the time for ling appeals with regard to the claim or matter in respect of which the appeal has been led has expired, and, where more than one appeal has been led in relation to disputes arising out of the same claim or matter or affecting the same immovable property, the High Court may hear the appeals separately or consolidate them as may be deemed t.

17.

The procedure at the hearing of an appeal shall, so far as may be, follow the existing procedure at the hearing by the High Court of an appeal from a subordinate court.

18.

In addition to any other power conferred on the High Court as a court of appeal, the High Court shall have power (a) to dismiss an appeal; (b) to reverse a judgment or order on a preliminary point, and on reversal to remand a claim to the Recorder of Titles with directions to deal with it on its merits; (c) to settle issues and nally determine a claim notwithstanding that the judgment or order appealed against has proceeded wholly on some other ground than that on which the High Court proceeds; CAP48.

282 Land Titles [Rev.

2010 [Subsidiary] (d)to call additional evidence or direct the Recorder of Titles to take additional evidence; (e) to direct that any witness who has appeared before the Recorder of Titles be recalled and that his evidence on any point be recorded verbatim; (f) to reverse or vary the judgment or order against which the appeal is made; (g) to order that a judgment or order of the Recorder of Titles be set aside and that a claim or claims be reheard; (h) to settle issues and remand them to the Recorder of Titles for a nding thereon; (i) to make such order as to costs in the High Court and in the Land Registration Court as may be just, but no costs shall be awarded for or against the Commissioner of Lands except in those cases in which he is entitled to be heard under rule 15.

19.

Costs shall be allowed and taxed according to the rules and practice under which costs are allowed and taxed on appeal from a subordinate court to the High Court.

part VdeMarCatION OF bOuNdarIeS 20.

In this Part dividing line means a line cut or made in the course of and for the purposes of a survey of land under section 22 of the Act demarcating the boundary or boundaries of the lands of adjoining landowners; occupier includes the owner of unoccupied land, not being Government land.

21.

(1) Occupiers of land shall at all times maintain to the satisfaction of the Director of Surveys all dividing lines demarcating the boundary or boundaries of land occupied by them, (2) Dividing lines shall be maintained at the joint expense of the occupiers of the lands divided by those lines.

22.

The occupier of land may serve a notice on the occupier of the adjoining land requiring him to assist in doing any work which may be necessary to maintain the dividing line between those lands, and if the occupier refuses or neglects for the space of one month after the service of the notice to assist in doing the work the rst named occupier may do such work as may be necessary to maintain the dividing line and may demand and recover from the occupier his portion of the cost of the work.

Rev.

2009] Land Titles CAP.

282 49 [Subsidiary] 23.

Whenever it appears to the Director of Surveys or to any ofcer of the Survey Department that any work should be done to maintain a dividing line, the Director of Surveys or other ofcer may serve a notice on any occupier of land divided from other land by that line, requiring the occupier to do such work as the Director of Surveys or other ofcer may consider necessary for the purpose of maintaining the line and as shall be specied in the notice and to complete it within such time as shall be specied in the notice.

24.

An occupier on whom a notice has been served who fails to comply with the requirements specied therein shall be guilty of an offence and liable to a ne not exceeding six hundred shillings.

25.

(1) Whenever an occupier upon whom a notice has been served under rule 23 fails to comply with the requirements of the notice, the Director of Surveys may cause the work specied in the notice to be done, and may demand and recover from the person on whom the notice has been served the cost of the work.

(2) Any proceedings for the recovery of costs under this rule shall be taken in the name of the Director of Surveys.

26.

An occupier on whom a notice has been served under rule 23 may serve a notice on any person on whom he is authorized by rule 22 to serve a notice, requiring that person to assist in doing the work directed to be done, and, if that person refuses or neglects to assist in doing the work, the occupier may demand and recover from that person his portion of the cost of the work done by the occupier in compliance with the notice served upon him.

27.

(1) All boundary marks placed on any land for the purposes of section 22 of the Act shall be maintained and repaired at the joint or proportionate expense of the proprietor of the land and of the proprietors of land contiguous thereto.

(2) Rules 22 to 26 inclusive shall apply mutatis mutandis to the maintenance and repair of boundary marks and to the rights, duties and remedies of proprietors of land and of the Survey Department in respect thereof.

28.

Any person in the service of the Survey Department may at any time enter upon any land for the purpose of inspecting any boundary mark or boundary line erected or made for the purposes of the Act.

part VIprOCeedINGS reSpeCtING laNd tO whICh NO tItle eStablIShed 29.

At any time after all the applications for certicates in any one district or subdistrict have been adjudicated, upon or when the time allowed for making such applications has expired the Recorder may give notice in the Gazette that the remaining lands not dealt with in that district or subdistrict are Government lands.

CAP50.

282 Land Titles [Rev.

2010 [Subsidiary] 30.

After the hearing of any application for a certicate of ownership in respect of any lands to which no title is established, the Recorder may give notice in the same manner that the land comprised in the application is Government land.

31.

A notice under this Part shall not be irrevocable.

32.

At such time as may be deemed expedient, not being less than thirty days after the notices have been published by the Recorder, application may be made to the Land Registration Court by any Government ofcer thereto authorized for a certicate of ownership in favour of the Government in respect of those lands.

33.

A certicate of ownership under rule 32 shall be an indefeasible title.

THE LAND TITLES (FEES) (CUSTODY OF Cap.

159 (1948), Sub.

Leg.

DOCUMENTS ) RULES 1.

These Rules may be cited as the Land Titles (Fees) (Custody of Documents) Rules.

2.

These Rules shall apply to certicates relating to land situated on Mombasa Island only.

3.

A fee of two shillings per certicate per month or part of a month shall be charged for the custody by the Recorder of Titles of certicates of ownership which are ready for delivery on that date or thereafter: Provided that the Recorder of Titles may remit the whole or any portion of the fee in cases where it is shown to his satisfaction that good and sufcient reason exists.

4.

The fee prescribed in rule 3 shall be in addition to, and not in substitution of, other fees payable on such certicates under the Act and any rules made thereunder.

THE LAND TITLES (FEES) (LAND REGISTRATION COURT) RULES Cap.

159 (1948), Sub.

Leg., 1.

These Rules may be cited as the Land Titles (Fees) (Land Registration G.N.

859/1952, L.N.

21/1959.

Court) Rules.

2.

The fees specied in the Schedule shall be leviable by the Land Registration Court in respect of the several matters and proceedings mentioned therein.

3.

The Minister may authorize the Recorder of Titles to remit any fees in any particular case.

Rev.

2009] Land Titles CAP.

282 51 [Subsidiary] SCHEDULE (r.

2) Sh.

cts.

1.

On every summons, motion, application or demand taken out, made or led (not particularly charged).

.

.

10 00 2.

On ling an afdavit in support of above.

.

4 00 3.

On every order made thereon.

.

.

.

.

4 00 4.

On every decree or order.

.

.

.

.

.

.

5 00 5.

For service of petition, answer, motion paper, notice, warrant, decree, order or other documents on a party, witness, assessors or other person under any branch whatever of the jurisdiction within two miles of the court issuing the same.

2 00 beyond that distancesuch fee as will cover the cost of service, but not less than Sh.

46.

On every warrant of attachment or sale of property (a) Court fee on order of attachment where the property attached does not exceed 75.

5 00 where the property attached exceeds 75.

.

.

10 00 (b) Brokers fee on attachment of movable property where the property attached does not exceed 20 20 00 thereafter 5 per cent on value of such property, to include keeping possession for 15 days; for keeping possession each day after the rst 15 days 1/4 per cent not exceeding Sh.

10 per diem (c) Brokers fee on attachment of immovable property where property attached (within a township) does not exceed 75.

.

.

.

.

.

.

15 00 where property attached exceeds 75.

.

10 00 (d) Brokers fee on sale of attached property in addition to the foregoing, such fee as may be provided in the Government scale for sales by ofcial brokers for the time being in force CAP52.

282 Land Titles [Rev.

2010 [Subsidiary] to be reckoned on the amount to be levied less costs of levy in the event of a sale not realizing the sum to be levied, the above fee shall be calculated on the sum actually realized less costs of levy.

Note.Where a sum for which execution has been issued is tendered to a broker entrusted with the execution before, or at the time of, or within half an hour after, attaching the property, together with his legally recoverable fees and expenses to that time, he shall not be entitled to charge possession fees.

7.

For taking an afdavit.

.

.

.

.

.

.

.

2 00 L.N.

108/1965.

THE LAND TITLES (SURVEY FEES) RULES 1.

These Rules may be cited as the Land Titles (Survey Fees) Rules.

Cap.

299, Sub.

Leg.

2.

Survey fees shall be charged in accordance with the Fifth Schedule to the Survey Regulations.

3.

In the case of destitute persons, the fees prescribed by these Rules may be remitted by the Minister on the recommendation of the Recorder of Titles.

4.

In the event of survey fees not being paid and in the event of a transfer of the property which is the subject of the certicate being made, the Government may charge a transfer fee up to the amount of the actual cost of the survey to the purchaser or transferee of the property.

THE LAND TITLES (REGISTRATION FEES) L.N.

161/1976, RULES, 1994 L.N.

217/1988, L.N.

302/1994.

L.N.

5/2010.

1.

These Rules may be cited as the Land Titles (Registration Fees) Rules, 1994, and shall come into operation on the 26th August, 1994.

2.

The following fees are prescribed in addition to those specied in the Second Schedule to the Act Fees KSh.

(a) For every document presented for registration 500 (b) For every notice (excluding notice given on registration of a caveat) 500 (c) For acceptance of an afdavit under section 67 of the Act 500 (d) For correcting errors or supplying omissions Rev.

2009] Land Titles CAP.

282 53 in the register under section 81 of the Act 500 [Subsidiary] (e) For every personal search 1,000 (f) For every postal search 500 (g) On appeal to the Principal Registrar from an order refusing to register a document under section 65 and 69 of the act 500 (h) For attendance by any ofcer of the registry at a place outside the registration ofce (per day or part thereof of the absence from the registry and the expenses incurred) 2,500 (i) On resubmission for registration of any document previously rejected because of an error thereon or for failure to comply with any prerequisite of registration (per document rejected) 500 (j) For every copy of a registered document or abstract of title Where the number of pages or folios does not 200 per copy exceed ve of such pages or folios Where the number of pages or folios exceed ve 200 per copy of the rst ve pages or folios plus KSh.

10 per page or folio in excess of the said ve pages or folios Note.In (i) and (ii) above, a folio or a page or a register (title) shall be deemed to be two folios or pages.) (k) For any act or thing not otherwise provided for 1,000 3.

The fees prescribed by these Rules include the provision of the photostatic copy prescribed by the Act.

4.

Government miscellaneous receipts shall be issued upon payment of the fees prescribed in these Rules.

L.N.

217/1988.

5.

The Land Titles (Registration Fees), 1988, are revoked.

CAP54.

282 Land Titles [Rev.

2010 [Subsidiary] L.N.

375/1960, THE LAND TITLES (FORMS) RULES L.N.

162/1976, L.N.

67/1991.

1.

These Rules may be cited as the Land Titles (Forms) Rules.

L.N.

67/1991.

2.

(1) Forms B (1), D, E, F, G, H, I, J and K in the Schedule to these Rules are prescribed in addition to the forms in the Third Schedule to the Act.

(2) The fees payable in all matters connected with the Forms B (1), D, E, F, G, I, J and K wherever applicable shall be those prescribed by the Minister.

3.

The forms hereby prescribed shall be used in all cases under Part II of the Act.

4.

The Registrars of Land Titles at Nairobi and Mombasa shall keep a supply of Forms A to K for the use of the public.

L.N.

67/1991.

5.

The Registrars of Land Titles shall cause to be impressed on all applications on which fees are paid and on all copies thereof a stamp recording the date and time of presentation in such manner (in the case of the original) as to cancel the stamps afxed in payment of fees; and that impression shall in the absence of fraud be conclusive evidence of the date and time of presentation and that the fees, stated in the application to have been paid, have been paid.

SCHEDULE (r.

2) Form B (1) applICatION FOr reMOVal OF CaVeat To: The Registrar, Our reference: Land Registry, Nairobi / Mombasa.

.

.

I/We, ., of.

hereby apply to you to remove the Caveat registered as.

.

Adhesive revenue stamps to the value of Sh.

.

in payment of fees are afxed hereto.

[Signed] Date.

[Advocate for] Caveatee [s] To be submitted in triplicate.

Rev.

2009] Land Titles CAP.

282 55 Form D [Subsidiary] NOtICe OF appeal aGaINSt reFuSal by a reGIStrar tO reGISter a dOCuMeNt To: The Registrar-General of Titles, Our reference: The Principal Registrar,.

LandRegistry , Nairobi , TAKE NOTICE that I/We, ., of P.O.

Box ., hereby appeal against the decision of the Registrar set forth in his letter No.

.

dated ., refusing to register: Description of Document Date of Document Parties to Document.

Land Reference Number(s) Presented on ., 19 ., by.

.

My/ Our grounds of appeal are as follows: (If this space is insufcient please continue on the back.) Adhesive revenue stamps to the value of Sh.

in payment of fees are afxed hereto.

Date.

Signature of Appellant or his Advocate To be submitted in triplicate.

Form E applICatION FOr perSONal SearCh OF Land Reference Number Title or Deed File Number Adhesive revenue stamps to the value of the prescribed fee are afxed hereto.

Date Signature Postal address.

CAP56.

282 Land Titles [Rev.

2010 [Subsidiary] Deed le checked on completion of search by: Counter Clerks initials.

CONDITIONS 1.

This form must be submitted in duplicate with revenue stamps to the value of the prescribed fee afxed to the original, which will be retained in the Land Registry.

2.

Persons making searches may take brief notes in pencil, but no document shall be copied.

3.

In no circumstances may any note or mark be made on any document, le or register produced for inspection.

4.

Persons making searches shall check the contents of any deed le produced to them and have it checked by the Counter Clerk both before and on completion of the search, and obtain his initials on the duplicate search form; otherwise the person searching will be held liable for any document lost or damaged.

5.

The Counter Clerks duty does not extend to answering questions on matters of title, and no responsibility is accepted for any opinion which may be expressed by him.

FOrM F applIatION FOr pOStal SearCh To: The Registrar, Our reference: Land Registry, Nairobi/Mombasa APPLICATION is made for a certied copy of the last complete page of the abstract register or register of titles relating to Land Reference No.

, Title/Deed File No.

.,and any subsequent entries.

An adhesive revenue stamp to the value of the prescribed fee is afxed hereto.

Date.

Signed.

Name in block capitals.

Postal address.

Rev.

2009] Land Titles CAP.

282 57 [Subsidiary].

_ (For completion in the Registry) pOStal SearCh CertIFICate NO.

Certied copy forwarded as requested above.

.

Registrar To be submitted in duplicate.

_ FOrM G The conditions on the back of this form shall be complied with.

applICatION FOr reGIStratION of the undermentioned documents in the following order of priority: CAP58.

282 Land Titles [Rev.

2010 [Subsidiary] Date of Description Land Deed Documentation Reference File Number Number Fees (1) (2) (3) (4) Sh Number of new certicates of title required at the prescribed fee _ Adhesive revenue stamps afxed to the value of _ The following documents are enclosed for endorsement:(5) Grant No.

Lease No.

Certicate No.

.

_ The following supporting documents are also enclosed:(6) Clearance Certicate Estate Duty Certicate Registration Copy of Land Control Consent Registration Copy of Provincial Commissioners Consent Land Rent Certicate Withholding Tax Certicate (W.

70) The following consents are endorsed on the documents: Commissioner of Lands or the Chief Engineer, East African Railways and Harbours Administration under the terms of the Grant Chargee to surrender of lease under section 44 of the Registration of Titles Act.(Cap.

281) Special instructions, including, if necessary, the name and address of the person to whom the documents are to be sent if other than the presentor: _ Rev.

2009] Land Titles CAP.

282 59 Signature.

[Subsidiary] Name in block capitals.

Postal address Date.

To be submitted in triplicate (Reverse) CONDITIONS Every documents presented for registration must be accompanied by Form to this form.

accompany documents.

Application for registration forms are printed in sets of three, each set Number of forms to comprising an original, duplicate and triplicate.

Forms may be obtained post submit.

free from the Registrar of Titles, Nairobi and Mombasa.

The form must be completed accurately in accordance with these How to conditions.

Failure to do so may result in the rejection of the application.

The complete.

information supplied by the presentor must appear legibly in English on all three forms.

If registration is sought at both the Nairobi and Mombasa Registries, separate applications accompanied by the document must be addressed to each.

The following are the explanations of the numbers appearing in brackets on the form: (1) Give a brief description of each document, e.g.

Conveyance, Assignment, Transfer, Charge, etc.

(2) The Land Reference Numbers of all parcels of land dealt with in each document must be entered, e.g.

1870/XX/9, 1870/XX/10.

If the document is not to be registered against a title to land, e.g.

powers of attorney, building plans, agreements, etc., the word NIL must be inserted.

(3) Where possible the deed le number should be inserted in this column.

In the case of titles registered under the Registration of Titles Act (Cap.

281) this is the title number.

For titles registration under other Acts, the number of the deed le is shown in the right-hand column of the registration endorsement on the last registered document.

(4) The registration fee tendered must be entered in this column, on the total fees entered at the foot thereof.

The fee payable on presentation is the prescribed fee per entry in the register.

and is not refundable.

This fee is inclusive of copying.

A document purporting to deal with two or more titles will attract the prescribed fee in respect of each title against which it is to be registered.

CAP60.

282 Land Titles [Rev.

2010 [Subsidiary] (5) All documents presented for registration against titles under the Registration of Titles Act, other than caveats, statutory notications and court orders, must be accompanied by the appropriate title deed, and the registration particulars of that deed must be inserted in this paragraph of the form.

No documents are required for endorsement under the other Acts.

(6) Indicate, by placing a tick in the appropriate boxes, the supporting documents which accompany the application or consents which are endorsed on the documents.

Payment of fees.

Fees may only be paid by afxing adhesive revenue stamps to the required value in the space provided on the original application form.

Such stamps may be obtained from Post Ofces.

Spoilt or damaged adhesive revenue stamps will not be accepted but stamps upon which the presentor has placed his name stamp shall not be deemed spoilt or damaged for this purpose.

Separate A separate set of application forms must be submitted for each documents, applications to be except in the case of a set of documents which are to be registered against the made.

same title or are related to each other.

For example, a discharge of a charge, a surrender of a lease, a transfer and a new charge all relating to L.R.

No.

999/999 would probably form the subject of one application, and similarly a power of attorney executed by the registered proprietor followed by a transfer executed by the attorney are related to each other and can form the subject of one application.

Submission of Applications may be submitted as follows application.

(a) by post to the appropriate Registrar; (b) by delivery in the box provided at the appropriate Land Registry; (c) by requesting the Collector of Stamp Duties to forward the application form to the appropriate Registrar after stamping the document.

Priority is not established until the application is in the hands of the Registrar, and no responsibility is accepted by the Collector for any delay.

Rejections.

Documents re-presented for registration following their previous rejection must be accompanied by a fresh set of forms of application duly completed.

The fee in such a case is the prescribed fee for every document which was the subject of a formal rejection.

Rev.

2009] Land Titles CAP.

282 61 FOrM h [Subsidiary] MeMOraNduM OF equItable MOrGaGe by depOSIt OF dOCuMeNtS OF tItle Document of title registered in Volume No.

Folio File No.

relating to.

was deposited by.

of P.O.

Box (Mortgagor) with .of P.O.

Box (Mortgagee) by way of equitable mortgage on the.

day of.

, 19 The mortgagor and the mortgagee hereby certify, in accordance with the provisions of section 68 (3) of the Stamp Duty Act, that the amount hereby secured is Sh.

.

/uncertain and that the mortgagee hereby acknowledges to have received the above-mentioned document of title.

Dated this day of.

, 19.

Signed in the presence of.

Postal address.

Description Signed in the presence of: Signature or Common Seal of.

mortgagee: Postal address.

.

Description Drawn by: _ CAP62.

282 Land Titles [Rev.

2010 [Subsidiary] FOrM I MeMOraNduM OF dISCharGe OF aN equItable MOrGaGe by depOSIt OF dOCuMeNt OF tItle The equitable mortgage by deposit of document of title registered in Volume No.

Folio No.

File No.

relating to was discharged on the.

day of ., 19 It is hereby certied that (a) the greatest amount at any time secured was Sh.

., (b) this is a partial discharge.

Dated this.

day of ., 19 Signed in the presence of Signature or Common Seal of Mortgagee Postal address.

.

Description Drawn by: _ Rev.

2009] Land Titles CAP.

282 63 [Subsidiary] FOrM j applICatION FOr COpy To: The Registrar, Our reference: Land Registry, Nairobi/Mombasa.

I/We request you to supply .certied/uncertied copy/copies of the following: Adhesive revenue stamps at the rate of Sh.

2 per certied copy are pinned to Delete if not this application to meet the stamp duty payable thereon.

applicable.

Adhesive revenue stamps to the value of Sh.

.

in payment of fees are afxed hereto.

Date Signature Insert below in block capitals the name and address in Kenya to which the copy/ copies is/are to be sent: Name.

Postal address.

_ (For completion in the Registry) The above-mentioned copy/copies is/are forwarded herewith.

The above request cannot be met because Date.

Registrar To be submitted in duplicate.

_ CAP64.

282 Land Titles [Rev.

2010 [Subsidiary] FOrM KL.N.

67/1991 CaVeat SeCurING addItIONal StaMp duty (Section 72 (1a) of the Act) To : The Registrar Land Titles Registry Mombasa Land Reference Number TAKE NOTICE that pursuant to my powers under the Land Titles Act, I, on behalf of the Government of Kenya, for the purpose of securing the payment of Sh.

.

additional stamp duty on a.

and registered in volume folio le.

on the.

day of.

, 19.

as assessed by the Collector of Stamp Duties, forbid the registration of any dealing with the land known as Land Reference Number.

This Caveat shall remain registered against the title to the said land until such time as the additional stamp duty together with penalties incurred for late payment has been paid or an appeal against the assessment by the collector has been upheld.

Signed.

Principal Registrar of Titles.

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