The quorum for a meeting of the Board shall be one half of all the gazetted members, of whom the chairman, or deputy chairman, shall be one.

At every meeting of the Board each member shall have the right to one vote on any matter under discussion:

Provided that in the event of the voting for and against being equal the chairman shall have a casting vote.

The Board shall normally meet four times in a year in the Survey Office in Nairobi:

Provided a special meeting of the Board may be called by the Chairman or by at least one-half of the members of the Board.

The Secretary shall keep minutes of all meetings of the Board in a minute book kept for that purpose, which shall be preserved in the Survey Office when not in use.

The Secretary shall notify every member of the Board of every meeting not less than fourteen days before the date fixed for the meeting.

The members of the Board and the secretary may claim travelling and subsistence expenses for attendance at meetings, in accordance with these Regulations and at the rates for the time being in force in respect of such allowances to Government officers.

All claims under paragraph (1) shall be made in such form as the Director may determine, and shall be addressed to the Secretary.

The chairman shall preside at meetings, but if he is unable to attend any meeting he may nominate any other member of the committee or an officer of the Survey Department to be chairman at such a meeting.

The quorum for a meeting of the Committee shall be three members.

The secretary shall give at least fifteen days’ notice of all meetings.

The frequency of meetings shall not be fixed, but shall be determined by the amount of business to be disposed of.

Members may claim travelling and subsistence expenses for attendance at meetings in accordance with these Regulations and at the rates for the time being in force in respect of such allowances to Government officers.

All such claims shall be in such form as the Director may determine, and shall be addressed to the Secretary.

The Board shall appoint a moderator and at least two of the examiners.

All papers shall be marked independently by at least two of the examiners.

The moderator shall report to the Board full particulars of the marks given to each candidate in each subject.

A report under paragraph (3) shall be in writing, signed by each examiner.

The results of the examinations shall be determined by the Board, and shall be conveyed in writing by the Secretary to the candidates within a period of six months from the date of the sitting presentation.

Examiners may claim certain travelling and subsistence expenses incurred in their duties, and all such claims, shall be in such form as the Director may determine, addressed to the Secretary.

The Secretary shall inform examiners of the scale of payment for the time being approved by the Board in respect of any claim under paragraph (6).

The qualifications set out in the First Schedule shall be recognised by the Board and shall entitle candidates who apply for exemption to be granted exemption from examination in the respective subjects set out in that Schedule.

Every applicant for exemption shall forward declarations in Forms A and B in the Third Schedule.

The pass-mark in the Law Examination shall be 50 percent.

Marks will not be allocated for a Trial Survey, but a candidate shall be adjudged as having either passed or failed.

A candidate must have had at least two years’ approved training and experience in land surveying before taking the examination.

The trial survey shall be so designed that a competent candidate can complete it in ten weeks.

Candidates shall sit the Law Examination at a time to be decided by the Board.

The Board shall appoint one or more invigilators to be in attendance for any written examination.

The moderator shall submit for the approval of the Board the particulars of the Trial Survey and Law Examinations.

If a dispute arises between a licensed surveyor and the Director over the application of the regulations, either party may refer the matter to the Board.

The Board shall hear and determine any dispute under paragraph (1) and its decision shall be final.

All distances shown on plans shall be in international metres and decimals of a metre.

All angular measurements shall be in degrees, minutes and seconds of arc.

For purposes of conversion from imperial feet to international metres, the relationship to be used shall be one international metre = 3.280 840 feet, or one foot = 0.3048 metres.

All co-ordinates required by regulations 85, 92 and 93 of these Regulations shall be listed in the same units as the datum points.

Every licensed surveyor shall maintain his theodolite, measuring bands and all other equipment in good order, and the Director may refuse to authenticate any survey which has been made with defective equipment.

Every measuring band, tape, thermometer and spring balance shall be submitted to the Director before use and thereafter not less often than once in every twelve months for comparison with the official standard in the custody of the Director.

Every surveyor shall record in his field notes the manufacturer’s name and number of the model of the theodolite used for each survey.

The Director shall assign a unique official number to every measuring band submitted to him for comparison with the official standard of length, and shall keep a record of all particulars of every measuring band so submitted.

Whenever any measuring band is broken, the breakage shall be recorded in the field notes.

Every surveyor shall record in his field notes the official number of the measuring band used for each survey.

The Director may require any licensed surveyor to submit any measuring equipment for his inspection, and he may refuse to authenticate any survey which has been made with measuring equipment which is thereby found to be defective.

Every licensed surveyor shall be personally responsible for the accuracy, fidelity, and completeness of every survey presented by him for the approval of the Director.

It shall be the duty of every surveyor making any survey under these Regulations to record all the relevant information that may aid in securing the accuracy and completeness of every such survey.

Every surveyor shall perform sufficient work to enable him to apply a thorough check to every part of his survey.

Every surveyor shall present his plan, computations and connected documents of every survey in such a manner as the Director, after consultation with the Board, may require, and if any surveyor forwards to the Director any plan, computation or connected document which does not conform substantially with the appropriate requirements, the Director may, at his discretion, return the plan, computations and connected documents to the surveyor and may refuse to authenticate any such plan, computation or connected document until it has been made to confirm with the appropriate requirements.

All surveys returned to a surveyor shall be re-submitted to the Director without undue delay.

The director of Surveys shall not release the final documents for registration of title without express authority from the licensed surveyor who carried out the survey.

Before carrying out any survey, every licensed surveyor shall be provided, or shall provide himself, with all available information in respect of any previous survey of the plot of land to be surveyed and of any adjoining plot.

Applications to the Director for this information shall be in writing, and shall state whether the land is freehold or leasehold, and shall, whenever applicable, make reference to the approval for sub division, or other transaction.

The Director shall make available to any licensed surveyor all technical information in his possession. Where the licensed surveyor extracts the information himself by personal search no fee will be payable, but where the information is extracted on his behalf by the Director, the fee prescribed in the Seventh Schedule shall be paid.

Before submitting any survey to the Director, a licensed surveyor shall ensure that approval has been obtained for a subdivision or other transaction of any plot of land in any case where such approval is required by any Act and that the survey submitted conforms with such approval.

The competent authority responsible for giving approval under each respective Act is shown in the Fourth Schedule of these Regulations.

In pursuance of section 23 of the Act, the Director shall furnish to every surveyor an official letter of authority in Form D in the Third Schedule to these Regulations and every such letter of authority shall bear the official seal.

Every surveyor shall present his letter of authority to any owner or occupier of land who demands proof that such surveyor is duly authorized to enter upon his land.

Every surveyor so authorized shall, whenever practicable, give reasonable notice to the owner or occupier of the land of his intention to enter thereon.

When the amount of compensation has been determined in accordance with paragraph (4) of this regulation, the agreed amount shall be paid by the Government surveyor, or by the licensed surveyor himself when he has caused the damage in question to the owner or occupier of the land:

Provided that compensation shall not be paid for damage to trees or crops within any reservation for a trigonometrical station or fundamental benchmark which is made in accordance with section 25 of the Act.

No licensed surveyor shall employ an approved assistant without the written approval of the Board:

Provided that the Director may give provisional approval pending decision by the Board.

When such approval is given it shall be for a period as indicated by the licensed surveyor in the first instance and may be cancelled or renewed at the discretion of the Board.

Such approval shall normally be limited to such number of assistants as the Board may determine in each case.

The work done by any such approved assistant shall be under the director personal control of the licensed surveyor, who shall himself carry out a sufficient check to ensure that the work done by such assistant is correct. The licensed surveyor shall accept full personal responsibility for all work performed by the approved assistant.

The approved assistant shall certify all field notes and computations made by him, and those field notes and computations shall be signed by the approved assistant and countersigned by the licensed surveyor.

The surveyor shall supply a certificate which shall be drawn up in the form in the Ninth Schedule to these Regulations.

If the Director finds that an approved assistant has performed any work which has not been supervised and checked by the licensed surveyor he may suspend approval for the employment of the approved assistant, and the case shall be referred to the Board whose decision on the matter shall be final.

The Director shall charge fees for all surveys carried out by the Survey Department in accordance with the charges prescribed in the Fifth and Sixth Schedules to these Regulations.

The Director shall charge fees in accordance with the charges prescribed in the Sixth Schedule to these Regulations for the authentication under section 32 of the Act of a plan submitted by a licensed surveyor.

The Director shall charge fees in respect of all documents issued or services rendered by the Survey Department in accordance with the charges prescribed in the Seventh Schedule to these Regulations.

The fees prescribed in the Eighth Schedule to these Regulations shall be charged by a licensed surveyor in respect of work done by him.

Any licensed surveyor who charges or attempts to charge or offers to do work at, or holds himself out as being prepared to do work at, a survey fee other than that which is prescribed in the scale of fees in the Eighth Schedule to these Regulations shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding five months, or to both such fine and such imprisonment; and a licensed surveyor who is a partner in a firm which, or who is associated with a person who charges, or attempts to charge or offers to do work at, or holds himself out as being prepared to do work at a survey fee other than which is prescribed in the scale of fees in the Eighth Schedule to these Regulations shall be guilty of an offence punishable as aforesaid, unless he proves that he took all reasonable steps to prevent any such breach of this regulation.

Every person who applies to the Director to have a plan prepared from existing survey records in respect of his land shall provide a beacon certificate from a licensed surveyor to the effect that the beacons exist or have been re-established in accordance with the Survey Act

The design of survey marks shall be as specified by the Director, except in special circumstances which must be set out in the report on the survey.

When an original grant is being re-surveyed or subdivided, any beacon which does not constitute a permanent and fine mark shall be replaced by a new beacon or be referenced to a nearby witness mark.

Every new triangulation or trilateration station other than a purely auxiliary station shall be permanently marked.

In third order traverses as defined in regulation 60 of these Regulations, all traverse stations shall whenever possible be permanent points.

Where conditions do not permit the establishment of permanent traverse stations, the surveyor shall provide an alternative form of referencing, and the reason shall be stated in the surveyor’s report.

Boundary beacons shall be of such type as the Director may require, and shall normally be surmounted by a cairn of stones or a mound of earth.

The primary consideration in placing all survey beacons is their durability, having regard to the fineness of the mark required for the purpose.

All boundary beacons for which no adequate reference mark already exists, the co-ordinates of which are required by regulation 92 of these Regulations to be tabulated on a plan, shall, except as provided below, be referenced by the establishment, with adequate check, of a permanent underground mark in the vicinity of the beacon and in a position where it is least likely to be disturbed; such underground mark may be a permanent control station established under regulation 37 of these Regulations:

Provided that two existing nearby beacons may be used instead of one underground mark.

The guiding principle in the placing of reference marks is the necessity to provide a ready and accurate means of re-establishing the beacons of the property as well as to provide the basis for any future survey, and the surveyor shall ensure that this requirement is met in a reasonable manner.

With a view to facilitating the location of isolated boundary beacons, such beacons shall, in addition, be referenced to any nearby telephone pole, suitable tree or other prominent physical feature.

In order to maintain a record of reference marks, the surveyor shall verify the position of any previously placed reference marks at beacons involved in his survey, and shall record the appropriate measurements in the field notes.

Where a rectilinear boundary intersects a curvilinear boundary, and a beacon cannot be placed at the intersection, a beacon shall be placed on the rectilinear boundary as near as is practicable to the intersection. Such beacon shall be known as a line beacon.

Where the rectilinear boundary continues on both sides of the curvilinear boundary, a line beacon shall be placed on both sections of the rectilinear boundary.

Where the curvilinear boundary falls within a river or swamp, the line beacon shall be placed above flood level and shall be known as a river beacon.

Distances from line or river beacons shall be measured to the precision required by regulation 88(3).

All subdivisions of a property (including any remainder) which are situated across a road or railway reserve shall be fully beaconed as self-contained units.

When a curvilinear feature is adopted as a sub divisional boundary the several subdivisions and any remainder shall be fully beaconed as self-contained units.

Where a beacon is placed on a boundary line, it shall be proved to be on line by establishing either directly or indirectly its relationship with the terminal beacons of the line.

Where no rectilinear boundary of a subdivision coincides in whole or in part with any perimeter boundary of the land being subdivided, the relationship of the sub-divisional beacons to at least two of the perimeter beacons shall be directly or indirectly established.

Where any area of land which shares a common boundary with an area of trust land is surveyed, that common boundary shall be defined by intervisible beacons.

Where any land adjoining any boundary of a forest area is surveyed, the common boundary shall be surveyed and defined by beacons placed thereon at reasonable intervals, so that the boundary can be easily identified.

Where the common boundary surveyed as aforesaid has been cut through forest, beacons need not be intervisible, but they shall be intervisible when the boundary passes through glades or scattered bush.

When the corner of a plot of land coincides with the corner of a permanent building, such corner shall be surveyed and it may be adopted as the beacon.

Where the corner of a plot of land does not coincide with the corner of a permanent building but is in such close proximity to it that a standard boundary beacon cannot be established, such corner of the building shall be surveyed and its position relative to the plot corner established.

When the corner of a plot of land falls within inaccessible ground, where a beacon cannot be placed, the position of such corner shall be permanently referenced by at least one indicatory beacon placed on a boundary line as near as possible to the corner.

In all the above situations details shall be indicated on the plan.

When the corner of a plot of land is occupied by a permanent and easily recognized mark, such as a substantial fence-post and fencing or a tree, such corner shall be referenced by at least one permanent underground mark.

Every surveyor engaged on Government work who discovers any trigonometrical station to be damaged and in need of repair shall carry out such repair as may be necessary.

A licensed surveyor not engaged on Government work is not required to repair any damaged trigonometrical station, but he shall report in writing to the Director the name, number and position of such station and the nature of the damage which he has observed.

If a surveyor is required to re-establish a missing beacon he shall submit his field notes, computations, and report, to the Director.

Normally such survey shall be carried out in conformity with the provisions of these Regulations covering the determination of new beacons, having regard to all other evidence, but in special cases such as within the areas of the compass surveys in the Coast Province, the Director may authorize methods and make alternative requirements.

A careful search shall be made in the position indicated by the previous survey to ascertain whether or not any evidence of an old beacon or its reference marks still exists, and the position of any buildings or other development shall be recorded.

Where the situation allows, the surveyor, before taking further action, shall provide the Director with a full report, and shall request instructions.

All new triangulation and trilateration of lower order than geodetic or secondary required to provide general control for cadastral surveys shall be brought into harmony with existing control by methods conforming with current survey practice.

When issuing survey data for such work to a licensed surveyor, the Director may recommend either a particular sequence in the computation of new work or any special computations which the circumstances may require, and it shall be the duty of a licensed surveyor so informed not to depart from the Director’s recommendation without reasonable cause.

A micrometer theodolite of an approved pattern reading directly to one second of arc, or better, shall be used for geodetic, secondary, or tertiary triangulation.

A micrometer theodolite of an approved pattern reading directly to twenty seconds of arc or better, shall be used for minor triangulation.

Electronic distance measuring equipment of an approved pattern shall be used for trilateration distance measurement.

The minimum requirement for tertiary and minor triangulation shall be two arcs observed on different zeros:

Provided that two rounds observed in different zeros may be sufficient for observations to points situated less than two kilometres distant.

An arc of angular observations for triangulation shall consist of two rounds observed in opposite directions on the same zero, one round being on face left and the other on face right.

For each arc a suitable reference stating shall be selected and both rounds of the arc shall be closed on to it, and the misclosure of each round shall be appropriate to the class of theodolite used.

The difference between measurements of any angle on different arcs shall be appropriate to the class of theodolite used.

Where electronic distance measuring equipment is used, sufficient observations shall be taken to eliminate any ambiguities, and achieve the accuracy required by regulation 27.

Triangulation, trilateration, or a combination of these techniques for determining the position of beacons shall be carried out in accordance with the procedure laid down in regulations 53 to 56 of these Regulations and the method of computation shall conform with current standard survey practice.

Where traverses are extremely short, a reasonable misclosure shall be allowed irrespective of the minimum requirements under these Regulations.

A theodolite permitted by regulation 55(2) shall be used for all traverses other than subsidiary traverses.

Angular measurements for subsidiary traverses may be made either with a theodolite or a compass of approved pattern, subject to the necessity to achieve the standard of accuracy required by regulation 60 (3)(b) of these Regulations. If a compass is used, both forward and back observations must be observed at each station.

At every traverse station in other than subsidiary traverses, not less than two rounds on different faces and different zeros shall be observed. It is not necessary to close the rounds on to a reference station.

The first round at each station shall be set, when possible to the general orientation which is to be used throughout the survey.

All linear measurements of third and fourth order traverses shall be measured using equipment and methods appropriate to the standards of accuracy specified in regulation 60 of these Regulations.

Slopes shall be determined by a theodolite, with a degree of precision appropriate to the standards specified in regulation 60 of these Regulations, and where the slope is in excess of 10° the theodolite shall be read on both faces.

All measurements shall be reduced to the horizontal at mean sea level and corrected for temperature and sag.

In survey of curvilinear boundaries by the tacheometric method, distances determined by staff readings shall normally not exceed 200 metres and all three stadia readings on the staff shall be recorded.

Offsets substantially exceeding 75 metres in surveys of plots over 10 hectares in area, and exceeding 50 metres in surveys of smaller plots, shall be set out instrumentally and the method recorded in the field notes.

If a surveyor wishes to adopt an existing survey of a curvilinear boundary for a sub-divisional survey, he shall first obtain the consent of the Director.

A road or railway reserve boundary shall be taken as a line parallel to the centre line of the road or railway at such distance from it as may be specified.

When an area fronts on to a railway reserve, and the approved scheme of subdivision or grant demands that the boundary between the property and the railway reserve be demarcated by straight lines, this boundary shall be defined by one or more straight lines, not exceeding 30 metres each in length, beacons being placed at the specified distance from the centre line:

Provided that the Director may relax this requirement where he considers that such relaxation will not materially affect the definition of the reserve.

Field notes and field note cover pages shall be made on such forms as the Director may require.

Licensed surveyors shall pay to the Director the cost price of any blank forms supplied to them by the Director.

At each triangulation station every surveyor shall, when taking observations, record in his field notes the date, the time, the weather conditions and the degree of visibility.

When it is necessary, for any reason, for a surveyor to divide his observations, at any station into two sets, the second set shall in corporate at least two stations which have been observed in the first set.

All traverse observations and measurements shall be recorded in the field notes, in the sequence in which they are observed or measured.

A full description of every beacon and other mark used in the course of survey, whether placed, found and used, or adopted, shall be recorded in the field notes.

Sketched topographical features shall be recorded where possible, and with special care in the vicinity of a beacon to facilitate its location.

All developments on any plot, such as buildings, wells and boreholes, and any other development, such as pipelines which in the surveyor’s opinion may involve a question of easement, right-of-way or any prescriptive rights, shall be surveyed.

All observations and measurements made in the field shall be recorded clearly and legibly in hard pencil, and shall be in such manner as the Director may require.

All entries in field notes, which are not made in the field shall be written in blue or blue-black ink.

All entries in field notes shall be indexed and referenced in such a way that any competent person may be able to prepare a true plan therefrom, and they shall be in such form that they have only one reasonable and correct interpretation.

In no circumstances shall any erasure be made in field notes.

Corrections shall be made by drawing a thin line through the erroneous entry, so as to leave the original entry still legible; the correct entry shall be written outside the erroneous entry and not across it.

Corrections to field notes shall be made in the field, and shall be a true record of actual measurements or re-observation, and shall be initialed by the surveyor.

The letters, names, or numerals, by which any beacon or survey mark is identified in field notes shall be in plain roman or italic script.

In choosing suitable descriptions, surveyors shall take care to avoid nomenclature which is likely to lead to confusion, and the letters, I, O, S, and Z, shall not be used.

The cover page of field notes shall be completed with such information as the Director may require.

This information shall include the standard temperature and tension for the measuring band used in the survey and, where measurements have been made in catenary, the weight per 100 feet (or other standard length) of the measuring band.

The pages of field notes shall be numbered, and an index in alphabetical and numerical order of all observations and measurements in the field notes shall be given on the reverse of the cover page.

Computations shall be made on such forms as the Director may require.

Licensed surveyors shall pay to the Director the cost price of any blank forms supplied to them by the Director.

In surveys carried out by traverse methods, each separate traverse shall normally be set out in suitable form so as to demonstrate the initial datum bearing or bearings, the bearing misclosure and the consequent adjustment of bearing.

The linear error of closure, its distribution through the traverse, and the final adjusted values of all traverse points, shall be demonstrated in conformity with current standard survey practice.

Rectilinear areas shall be computed mathematically.

When a portion of the boundary of a property is a curvilinear boundary, the area of the property shall be determined partly by computing from co-ordinates and partly by planimeter determination from a large scale drawing of the carvilinear boundary, in conformity with regulation 88 of these Regulations.

If necessary, the co-ordinates of accurately scaled points on the drawing of the curvilinear boundary shall be used in the computation, in order to reduce to a minimum the effect of plotting and other errors on the area determined by the planimeter.

All plans shall be drawn in waterproof inks on such plan forms as the Director may require.

Licensed surveyors shall pay to the Director the cost price of any plan forms supplied to them by the Director.

Plans shall be plotted at one of the standard scales tabulated in regulation 89.

The scale shall be selected so that all essential detail is clearly shown, and the plan area of any parcel shall not be less than 5 square centimetres:

Provided that, in a survey comprising both large and small parcels, enlargements of the small parcel(s) may be shown in inset(s) at a larger scale than that of the main plan.

Curvilinear boundaries of any property not exceeding 1,000 hectares in extent, being boundaries which have been fully surveyed, shall be plotted accurately on scale not smaller than 1 in 5,000; for larger areas the Director shall specify the scale to be used.

Where a rectilinear boundary intersects a curvilinear boundary and the provisions of regulation 40(1) and (2) are applicable, the distance from each line or river beacon to the intersection shall be shown to the nearest metre, but the distances between successive beacons along the rectilinear boundary shall be shown to the degree of precision required by regulation 92(3).

A curvilinear boundary shall be distinctively described.

All plans shall be plotted by rectangular co-ordinates.

A plotting grid of squares covering the surveyed area shall be drawn in blue or such other colour as the Director may require as such, that grid line values shall be multiples of the metric intervals shown in the following table:

Provided that where regulation 24(2) requires co-ordinates to be expressed in feet, the line values shall be multiples of the foot intervals in the table.

Every plan shall contain at least one complete grid square and no square shall have sides exceeding 20 cm. in length.

Every detail shown on a plan shall be distinct, and the camping of figures shall be avoided.

The north point on every plan shall be upwards, and parallel to the sides of the plan form.

All boundaries abutting on any property which has been surveyed shall be shown on the plan.

Where the plot or plots adjoin a surveyed road or railway reserve, and when the scale of plotting permits, the boundaries abutting on to the opposite side of the reserve shall be shown.

In every survey the co-ordinates of block corners of regular shaped figures, of permanent control and numerical stations, and of all beacons of irregular-shaped figures shall be shown on the plan.

The length and bearing of every boundary shall, when possible, be inscribed along the lines to which they refer, and such lengths and bearings shall be deduced from the final co-ordinates as tabulated on the plan.

In surveys of all properties the lengths and co-ordinates shall be shown to two decimal places of a metre.

All data of any unco-ordinated connexions as prescribed in regulation 39 of these Regulations and of terminal and perimeter connections as prescribed in regulation 41 of these Regulations, and of connexions to building corners as prescribed in regulation 44 (2), and any other data which serve to clarify or to complete any survey plan, shall be shown on the plan.

All topographical features have been accurately fixed by survey, or have been sketched with reasonable precision, in accordance with regulation 72 of these Regulations, shall be shown in their correct plotted positions of the plan.

When roads have not been surveyed with the same accuracy as other features, they shall be marked "approximate only".

When form lines add nothing of significant value to the plan, they shall not be shown.

Topographical information may be taken from any official map published by the Director, or any authority approved by the Director with due caution in regard to the limitations enjoined by the scale of the map.

Where topographical information is taken from aerial photographs or other remotely sensed data, the source shall be quoted on the plan.

No erasures shall be made after a plan has been drawn in ink.

Necessary corrections shall be made by scoring through the incorrect word, letter, or numeral, in ink, and every such correction shall be initialed by the surveyor.

Deed plans shall be drawn in waterproof ink on such forms as the Director may require, and shall be used by every surveyor.

Licensed surveyors shall pay to the Director the cost price of any forms supplied to them by the Director.

Deed plans for initial grants of Government land shall normally be prepared by the Director.

Printed deed plans may be used in such circumstances as the Director may decide.

Except where the contrary is expressly stated in the documents of the case issuing from the Commissioner of Lands, deed plans for the purpose of surrender, regrant, change of user, or consolidation, may be prepared by a licensed surveyor.

Regulations 44(4), 87, 88(3), 90(1), and 98 of these Regulations shall apply to deed plans.

The director shall specify the quality of the deed plan material to be used.

Areas shall be shown in the manner specified in regulation 92(4).

When two or more properties are combined in one Certificate of Title, the total shall be given as in regulation 92(4)(a) and (b), and beneath such total each area must be tabulated separately as follows —

L.R.No.................................. area ........................ ha.(approx.)

L.R.No.................................. area ........................ ha.(approx.)

L.R.No.................................. area........................ ha.(approx.)

Total area................................................. ha.(approx)

All the areas shall be quoted to the precision for the total area by regulation 84 of these Regulations.

No erasures shall be made on a deed plan.

Corrections shall not exceed three in number on any one deed plan, and shall be effected by scoring through the incorrect letter, word, or numeral.

Such corrections shall be initialed by or on behalf of the Director and not the surveyor.

Deed plans shall be prepared in duplicate.

One copy shall be authenticated by bearing thereon the signature of the Director or of a person authorized by him, together with the date of signature. The other copy shall bear the printed name of the person who signed the authenticated copy, together with the date of signature and the imprint of the official seal.

The signed copy of every deed plan shall be deposited with the Director, and shall be the official copy, and the evidence contained in his official copy, read with the authenticated survey plan upon which it has been based, shall prevail in every case.

The Director may at his discretion prepare and issue a duplicate copy of a deed plan that has been mislaid or lost. Such copy shall bear the signature of the Director or of a person authorized by him, together with the date of signature and the imprint of the official seal and the words "Certified True Copy".

In accordance with section 33 of the Act, any deed plan which is withdrawn by the Director shall be cancelled by him, and evidence of the cancellation shall be the word "Cancelled" inscribed on the deposited copy supported by the signature of the Director, or of a person authorized by him.

The duplicate and triplicate copies of a cancelled deed plan shall, whenever available, be withdrawn from the person in whose custody they are kept, and shall be destroyed.

Where unalienated Government land fronting on the area coast is being surveyed for alienation, a strip of land not less than 60 metres in width shall normally be reserved above high-water mark for Government purposes:

Provided that, if the interests of development require, the Minister may direct that the width of this reservation shall be less than 60 metres in special cases.

High-water mark in all cases in these Regulations means the Mean High Water Mark of Spring Tides.

Where an area fronts on a swamp, a give-and-take straight line boundary shall be adopted wherever possible.

Indefinite median lines, which cannot be re-established by survey, shall be avoided.

Swamps of an average width of 150 metres or more shall be excluded from farms, and a straight line boundary along the edge of the swamp shall be surveyed and beaconed.

Any person shall have access, free of, to every published map and plan in the possession of the Director:

Provided that the Director or his representative may refuse access as he may deem necessary in the public interest.

A search fee of one hundred shillings per plan shall be paid in advance by any person who is not a licensed surveyor or not on Government duty, for access to any unpublished plan.

The Government copyright of all maps published by the Director and of all plans deposited in the survey office in accordance with the provisions of section 30 of the Act, is vested in the Director.

No person shall publish or cause to be published a copy of any map or plan of which the copyright is vested in the Director without payment of such royalty as the Director may determine in each case.

The quorum for a meeting of the Board shall be one half of all the gazetted members, of whom the chairman, or deputy chairman, shall be one.

At every meeting of the Board each member shall have the right to one vote on any matter under discussion:

Provided that in the event of the voting for and against being equal the chairman shall have a casting vote.

The Board shall normally meet four times in a year in the Survey Office in Nairobi:

Provided a special meeting of the Board may be called by the Chairman or by at least one-half of the members of the Board.

The Secretary shall keep minutes of all meetings of the Board in a minute book kept for that purpose, which shall be preserved in the Survey Office when not in use.

The Secretary shall notify every member of the Board of every meeting not less than fourteen days before the date fixed for the meeting.

The members of the Board and the secretary may claim travelling and subsistence expenses for attendance at meetings, in accordance with these Regulations and at the rates for the time being in force in respect of such allowances to Government officers.

All claims under paragraph (1) shall be made in such form as the Director may determine, and shall be addressed to the Secretary.

The chairman shall preside at meetings, but if he is unable to attend any meeting he may nominate any other member of the committee or an officer of the Survey Department to be chairman at such a meeting.

The quorum for a meeting of the Committee shall be three members.

The secretary shall give at least fifteen days’ notice of all meetings.

The frequency of meetings shall not be fixed, but shall be determined by the amount of business to be disposed of.

Members may claim travelling and subsistence expenses for attendance at meetings in accordance with these Regulations and at the rates for the time being in force in respect of such allowances to Government officers.

All such claims shall be in such form as the Director may determine, and shall be addressed to the Secretary.

The Board shall appoint a moderator and at least two of the examiners.

All papers shall be marked independently by at least two of the examiners.

The moderator shall report to the Board full particulars of the marks given to each candidate in each subject.

A report under paragraph (3) shall be in writing, signed by each examiner.

The results of the examinations shall be determined by the Board, and shall be conveyed in writing by the Secretary to the candidates within a period of six months from the date of the sitting presentation.

Examiners may claim certain travelling and subsistence expenses incurred in their duties, and all such claims, shall be in such form as the Director may determine, addressed to the Secretary.

The Secretary shall inform examiners of the scale of payment for the time being approved by the Board in respect of any claim under paragraph (6).

The qualifications set out in the First Schedule shall be recognised by the Board and shall entitle candidates who apply for exemption to be granted exemption from examination in the respective subjects set out in that Schedule.

Every applicant for exemption shall forward declarations in Forms A and B in the Third Schedule.

The pass-mark in the Law Examination shall be 50 percent.

Marks will not be allocated for a Trial Survey, but a candidate shall be adjudged as having either passed or failed.

A candidate must have had at least two years’ approved training and experience in land surveying before taking the examination.

The trial survey shall be so designed that a competent candidate can complete it in ten weeks.

Candidates shall sit the Law Examination at a time to be decided by the Board.

The Board shall appoint one or more invigilators to be in attendance for any written examination.

The moderator shall submit for the approval of the Board the particulars of the Trial Survey and Law Examinations.

If a dispute arises between a licensed surveyor and the Director over the application of the regulations, either party may refer the matter to the Board.

The Board shall hear and determine any dispute under paragraph (1) and its decision shall be final.

All distances shown on plans shall be in international metres and decimals of a metre.

All angular measurements shall be in degrees, minutes and seconds of arc.

For purposes of conversion from imperial feet to international metres, the relationship to be used shall be one international metre = 3.280 840 feet, or one foot = 0.3048 metres.

All co-ordinates required by regulations 85, 92 and 93 of these Regulations shall be listed in the same units as the datum points.

The Director may issue specifications for instruments to be used for surveys and guidelines on calibration of such instruments.

Every surveyor shall record in their field notes the manufacturer's name and number of the model of the equipment used for each survey.

The Director may require a licensed surveyor to submit any measuring equipment for inspection.

The Director may on receipt of measuring equipment under paragraph (3), refuse to authenticate any survey, which has been made with inappropriate or defective measuring equipment.

Every licensed surveyor shall be personally responsible for the accuracy, fidelity, and completeness of every survey presented by him for the approval of the Director.

It shall be the duty of every surveyor making any survey under these Regulations to record all the relevant information that may aid in securing the accuracy and completeness of every such survey.

Every surveyor shall perform sufficient work to enable him to apply a thorough check to every part of his survey.

Every surveyor shall present his plan, computations and connected documents of every survey in such a manner as the Director, after consultation with the Board, may require, and if any surveyor forwards to the Director any plan, computation or connected document which does not conform substantially with the appropriate requirements, the Director may, at his discretion, return the plan, computations and connected documents to the surveyor and may refuse to authenticate any such plan, computation or connected document until it has been made to confirm with the appropriate requirements.

All surveys returned to a surveyor shall be re-submitted to the Director without undue delay.

The director of Surveys shall not release the final documents for registration of title without express authority from the licensed surveyor who carried out the survey.

Before carrying out any survey, every licensed surveyor shall be provided, or shall provide himself, with all available information in respect of any previous survey of the plot of land to be surveyed and of any adjoining plot.

Applications to the Director for this information shall be in writing, and shall state whether the land is freehold or leasehold, and shall, whenever applicable, make reference to the approval for sub division, or other transaction.

The Director shall make available to any licensed surveyor all technical information in his possession. Where the licensed surveyor extracts the information himself by personal search no fee will be payable, but where the information is extracted on his behalf by the Director, the fee prescribed in the Seventh Schedule shall be paid.

Before submitting any survey to the Director, a licensed surveyor shall ensure that approval has been obtained for a subdivision or other transaction of any plot of land in any case where such approval is required by any Act and that the survey submitted conforms with such approval.

The Director may from time to time give guidance on the competent Authority responsible for giving approval for the subdivision of land or other transaction of any plot of land under relevant legislation.

In pursuance of section 23 of the Act, the Director shall furnish to every surveyor an official letter of authority in Form D in the Third Schedule to these Regulations and every such letter of authority shall bear the official seal.

Every surveyor shall present his letter of authority to any owner or occupier of land who demands proof that such surveyor is duly authorized to enter upon his land.

Every surveyor so authorized shall, whenever practicable, give reasonable notice to the owner or occupier of the land of his intention to enter thereon.

When the amount of compensation has been determined in accordance with paragraph (4) of this regulation, the agreed amount shall be paid by the Government surveyor, or by the licensed surveyor himself when he has caused the damage in question to the owner or occupier of the land:

Provided that compensation shall not be paid for damage to trees or crops within any reservation for a trigonometrical station or fundamental benchmark which is made in accordance with section 25 of the Act.

No licensed surveyor shall employ an approved assistant without the written approval of the Board:

Provided that the Director may give provisional approval pending decision by the Board.

When such approval is given it shall be for a period as indicated by the licensed surveyor in the first instance and may be cancelled or renewed at the discretion of the Board.

Such approval shall normally be limited to such number of assistants as the Board may determine in each case.

The work done by any such approved assistant shall be under the director personal control of the licensed surveyor, who shall himself carry out a sufficient check to ensure that the work done by such assistant is correct. The licensed surveyor shall accept full personal responsibility for all work performed by the approved assistant.

The approved assistant shall certify all field notes and computations made by him, and those field notes and computations shall be signed by the approved assistant and countersigned by the licensed surveyor.

The surveyor shall supply a certificate which shall be drawn up in the form in the Ninth Schedule to these Regulations.

If the Director finds that an approved assistant has performed any work which has not been supervised and checked by the licensed surveyor he may suspend approval for the employment of the approved assistant, and the case shall be referred to the Board whose decision on the matter shall be final.

The Director shall charge fees for all surveys carried out by the Survey Department in accordance with the charges prescribed in the Fifth and Sixth Schedules to these Regulations.

The Director shall charge fees in accordance with the charges prescribed in the Sixth Schedule to these Regulations for the authentication under section 32 of the Act of a plan submitted by a licensed surveyor.

The Director shall charge fees in respect of all documents issued or services rendered by the Survey Department in accordance with the charges prescribed in the Seventh Schedule to these Regulations.

The fees prescribed in the Eighth Schedule to these Regulations shall be charged by a licensed surveyor in respect of work done by him.

Any licensed surveyor who charges or attempts to charge or offers to do work at, or holds himself out as being prepared to do work at, a survey fee other than that which is prescribed in the scale of fees in the Eighth Schedule to these Regulations shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding five months, or to both such fine and such imprisonment; and a licensed surveyor who is a partner in a firm which, or who is associated with a person who charges, or attempts to charge or offers to do work at, or holds himself out as being prepared to do work at a survey fee other than which is prescribed in the scale of fees in the Eighth Schedule to these Regulations shall be guilty of an offence punishable as aforesaid, unless he proves that he took all reasonable steps to prevent any such breach of this regulation.

Every person who applies to the Director to have a plan prepared from existing survey records in respect of his land shall provide a beacon certificate from a licensed surveyor to the effect that the beacons exist or have been re-established in accordance with the Survey Act

The design of survey marks shall be as specified by the Director, except in special circumstances which must be set out in the report on the survey.

When an original grant is being re-surveyed or subdivided, any beacon which does not constitute a permanent and fine mark shall be replaced by a new beacon or be referenced to a nearby witness mark.

Every new triangulation or trilateration station other than a purely auxiliary station shall be permanently marked.

In third order traverses as defined in regulation 60 of these Regulations, all traverse stations shall whenever possible be permanent points.

Where conditions do not permit the establishment of permanent traverse stations, the surveyor shall provide an alternative form of referencing, and the reason shall be stated in the surveyor’s report.

Boundary beacons shall be of such type as the Director may require, and shall normally be surmounted by a cairn of stones or a mound of earth.

The primary consideration in placing all survey beacons is their durability, having regard to the fineness of the mark required for the purpose.

All boundary beacons for which no adequate reference mark already exists, the co-ordinates of which are required by regulation 92 of these Regulations to be tabulated on a plan, shall, except as provided below, be referenced by the establishment, with adequate check, of a permanent underground mark in the vicinity of the beacon and in a position where it is least likely to be disturbed; such underground mark may be a permanent control station established under regulation 37 of these Regulations:

Provided that two existing nearby beacons may be used instead of one underground mark.

The guiding principle in the placing of reference marks is the necessity to provide a ready and accurate means of re-establishing the beacons of the property as well as to provide the basis for any future survey, and the surveyor shall ensure that this requirement is met in a reasonable manner.

With a view to facilitating the location of isolated boundary beacons, such beacons shall, in addition, be referenced to any nearby telephone pole, suitable tree or other prominent physical feature.

In order to maintain a record of reference marks, the surveyor shall verify the position of any previously placed reference marks at beacons involved in his survey, and shall record the appropriate measurements in the field notes.

Where a rectilinear boundary intersects a curvilinear boundary, and a beacon cannot be placed at the intersection, a beacon shall be placed on the rectilinear boundary as near as is practicable to the intersection. Such beacon shall be known as a line beacon.

Where the rectilinear boundary continues on both sides of the curvilinear boundary, a line beacon shall be placed on both sections of the rectilinear boundary.

Where the curvilinear boundary falls within a river or swamp, the line beacon shall be placed above flood level and shall be known as a river beacon.

Distances from line or river beacons shall be measured to the precision required by regulation 88(3).

All subdivisions of a property (including any remainder) which are situated across a road or railway reserve shall be fully beaconed as self-contained units.

When a curvilinear feature is adopted as a sub divisional boundary the several subdivisions and any remainder shall be fully beaconed as self-contained units.

Where a beacon is placed on a boundary line, it shall be proved to be on line by establishing either directly or indirectly its relationship with the terminal beacons of the line.

Where no rectilinear boundary of a subdivision coincides in whole or in part with any perimeter boundary of the land being subdivided, the relationship of the sub-divisional beacons to at least two of the perimeter beacons shall be directly or indirectly established.

Where any area of land which shares a common boundary with an area of trust land is surveyed, that common boundary shall be defined by intervisible beacons.

Where any land adjoining any boundary of a forest area is surveyed, the common boundary shall be surveyed and defined by beacons placed thereon at reasonable intervals, so that the boundary can be easily identified.

Where the common boundary surveyed as aforesaid has been cut through forest, beacons need not be intervisible, but they shall be intervisible when the boundary passes through glades or scattered bush.

When the corner of a plot of land coincides with the corner of a permanent building, such corner shall be surveyed and it may be adopted as the beacon.

Where the corner of a plot of land does not coincide with the corner of a permanent building but is in such close proximity to it that a standard boundary beacon cannot be established, such corner of the building shall be surveyed and its position relative to the plot corner established.

When the corner of a plot of land falls within inaccessible ground, where a beacon cannot be placed, the position of such corner shall be permanently referenced by at least one indicatory beacon placed on a boundary line as near as possible to the corner.

In all the above situations details shall be indicated on the plan.

When the corner of a plot of land is occupied by a permanent and easily recognized mark, such as a substantial fence-post and fencing or a tree, such corner shall be referenced by at least one permanent underground mark.

Every surveyor engaged on Government work who discovers any trigonometrical station to be damaged and in need of repair shall carry out such repair as may be necessary.

A licensed surveyor not engaged on Government work is not required to repair any damaged trigonometrical station, but he shall report in writing to the Director the name, number and position of such station and the nature of the damage which he has observed.

If a surveyor is required to re-establish a missing beacon he shall submit his field notes, computations, and report, to the Director.

Normally such survey shall be carried out in conformity with the provisions of these Regulations covering the determination of new beacons, having regard to all other evidence, but in special cases such as within the areas of the compass surveys in the Coast Province, the Director may authorize methods and make alternative requirements.