Act No: No. 6 of 2012
Act Title: LAND
SUBSIDIARY LEGISLATION
Arrangement of Sections
LAND (ALLOCATION OF PUBLIC LAND) REGULATIONS, 2017

ARRANGEMENT OF SECTIONS

PART I – PRELIMINARY

1.

Citation

2.

Interpretation

3.

Methods of allocation of public land

PART II – PUBLIC AUCTION

4.

Commission to appoint auctioneer

5.

Notice of the auction

6.

Conduct of the auction

7.

Procedure when the reserve price is not met

8.

Compliance with public procurement requirements

PART III – ALLOCATION TO TARGETED GROUP OF PERSONS

9.

Vetting of targeted group of persons

PART IV – ALLOCATION BY WAY OF TENDERS

10.

Commission to invite bids

11.

Details of the notice inviting bids

12.

Receipt of the bids

13.

Closing of bids

14.

Commission to prepare list of bids and the bidders

15.

Selection of the winning bid

16.

Notification of the successful bidder

17.

Payment of the purchase price

18.

Cancellation or amendment of tender

19.

Commission not to be liable for any losses on cancellation

20.

Disclosure of interest

21.

Compliance with public procurement requirements

PART V – ALLOCATION BY PUBLIC DRAWING OF LOTS

22.

Invitation for public drawing

23.

Commission to shortlist the applicants

24.

Preparation of lots

25.

Balloting to be conducted in public

26.

Commission to issue letters of allotment and publish list of beneficiaries

PART VI – ALLOCATION THROUGH PUBLIC REQUEST FOR PROPOSALS

27.

Commission to invite public proposals

28.

Setting aside land for investment purposes at the request of the county

29.

Allocation of land for investments

30.

Application for allocation of land by a public body

31.

Letters of allotment for public entities

32.

Regularizing of existing allocation in urban areas by defunct local authorities

33.

Allocation of public land by public exchange

PART VII – MISCELLANEOUS PROVISIONS

34.

Allocation and other transactions on controlled land

35.

Payment of fees

36.

Preparation of leases on public land

_______________________

SCHEDULES

SCHEDULE

LAND (ALLOCATION OF PUBLIC LAND) REGULATIONS, 2017
PART I – PRELIMINARY
1.
Citation

These Regulations may be cited as the Land (Allocation of Public Land) Regulations, 2017.

2.
Interpretation

In these Rules unless the context states otherwise requires—

"ballot paper” means an instrument picked by applicants to determine successful persons in land allocation process;

"base map” means a topographical map depicting the natural and man-made features of the land.

3.
Methods of allocation of public land
(1)

Pursuant to section 12(1) of the Act, the Commission shall upon the request of the national or a county government, where necessary, allocate the whole or part of a specific public land, by—

(a)

public auction;

(b)

application confined to a targeted group of persons or groups;

(c)

public notice of tenders;

(d)

public drawing of lots;

(e)

public request for proposals; and

(f)

public land exchange of equal value.

(2)

In determining the method of allocation the Commission shall, in consultation with the national government or respective county Government as the case may be, take into consideration all prevailing circumstances including the purpose for the allocation.

PART II – PUBLIC AUCTION
4.
Commission to appoint auctioneer

The Commission shall, after giving notice in accordance with section 14 of the Act, appoint a licensed auctioneer, by name, as its agent, for all or each parcel of land available for auction.

5.
Notice of the auction

The Commission shall publish a notice in at least two daily newspapers of nation-wide circulation, one local newspaper and affix the notice at the county, sub-county and ward offices, specifying—

(a)

the date of the auction which shall be at least one month from the date of the publication of the notice;

(b)

the description of the land;

(c)

the reserve price being the stand premium;

(d)

the date, time and venue of the auction;

(e)

the amount to be paid at the fall of the hammer; and

(f)

the terms and conditions of allocation.

6.
Conduct of the auction
(1)

Every auction shall be conducted by an agent appointed under regulation 4 in the presence of an authorized officer of the Commission.

(2)

The agent shall declare as winner the name of the highest bidder if the bid is higher than the reserve price.

(3)

The winner of the bid shall, at the fall of the hammer, pay to the commission the full amount of the bid or percentage specified in the notice.

(4)

Notwithstanding paragraph (3) the amount to be paid at the fall of the hammer shall be at least twenty-five per cent of the stand premium.

(5)

The agent shall immediately on the fall of the hammer issue a certificate of sale in Form LA 4 set out in the Schedule signed by the agent to the winner of the bid and the commission as evidence of the sale.

(6)

The winner of the bid shall present the certificate issued under paragraph (5) to the Commission for issuance of the letter of allotment in Form LA 5 set out in the Schedule and pay the outstanding balance within ninety days.

7.
Procedure when the reserve price is not met

If the reserved price is not met by the bidders, the agent shall declare that fact and the auction shall be repeated on subsequent occasions until a winner is found.

8.
Compliance with public procurement requirements

The Commission shall ensure that the process under this Part complies with the Public Procurement and Asset Disposal Act, 2015 (No. 33 of 2015).

PART III – ALLOCATION TO TARGETED GROUP OF PERSONS
9.
Vetting of targeted group of persons
(1)

Where the national or county government is satisfied that it is necessary to allocate land to a targeted group in order to ameliorate the group's disadvantaged position pursuant to section 12 (1)(b) of the Act, the national government or county government shall, after giving notice in accordance with section 14 of the Act, vet the targeted group to ascertain the nature of the group's disadvantaged position.

(2)

In order to ascertain the disadvantaged position of the group the national or county government shall consider—

(a)

aspects of gender and equity;

(b)

persons with disabilities within the group;

(c)

social imbalances and injustices against the group;

(d)

historical injustices against the group; and

(e)

economic and cultural marginalization against the group.

(3)

The national or county government shall prepare a report on the disadvantaged nature of the group and recommend allocation of the identified land to ameliorate the group's disadvantaged position.

(4)

The Commission shall study the report and if satisfied reserve the recommended land to be implemented under section 134 of the Act.

PART IV – ALLOCATION BY WAY OF TENDERS
10.
Commission to invite bids

The Commission shall, after giving notice in accordance with section 14 of the Act, invite bids for tenders by publishing a notice in Form LA 6 set out in the Schedule at the county, sub-county and ward offices and in two daily newspapers of nationwide circulation and one local newspaper at least two months before the date of the opening of the bids.

11.
Details of the notice inviting bids

The notice inviting the bids shall, with respect to each tender, specify—

(a)

the sale number;

(b)

bidding information including—

(i) the particulars of the parcel or parcels on offer;
(ii) the date and time for submission of the bid registration form;
(iii) the bid submission closing date and time;
(iv) the bid opening time; and
(v) the reserve price;
(c)

a schedule of the list of properties with the item number for bidder reference;

(d)

place and time to inspect land;

(e)

bidder registration requirement as well as contact person(s) or place(s) and times at which bidders can register and obtain bid forms; and

(f)

any other specific terms and conditions of sale.

12.
Receipt of the bids
(1)

Every bid shall be submitted in a sealed envelope.

(2)

The sealed envelope containing the bid shall be placed in a closed and sealed box provided for that purpose.

(3)

Where a bid is received by an officer authorized to receive the bids, the officer shall, upon receipt, stamp the sealed envelope with an official date stamp and shall place it a closed and sealed box provided for that purpose.

13.
Closing of bids
(1)

Upon the closing of the bids, the authorized officer of the Commission shall empty the sealed box containing the bids.

(2)

Bids shall be opened in the presence of the bidders.

14.
Commission to prepare list of bids and the bidders
(1)

The bids shall be numbered consecutively and the word "last" endorsed on the last bid and initialed by the authorized officer and witnessed by at least one other member of the Commission.

(2)

The authorized officer of the Commission and at least one other member of the Commission shall prepare and sign a list of the bids showing the number of the bid and the name of the bidder.

(3)

Upon preparation and signature of the list prepared under paragraph (2)—

(a)

the original list shall be retained by the authorized officer for eventual incorporation in the minutes;

(b)

the duplicate list shall be retained by the witnessing member; and

(c)

the triplicate list shall be forwarded to the accounting officer of the county government or national government, as the case may be.

15.
Selection of the winning bid
(1)

The Commission shall meet within two official working days of the date of opening of the bids to select the winning bid.

(2)

Where the Commission is of the opinion that it was not in the public interest to award the tender to the highest bidder, the Commission shall reject the bid and reasons for the rejection be recorded in the minutes.

(3)

Minutes of the meetings held for the purposes of selecting winning bids shall be recorded by the secretary and signed by the chairman.

16.
Notification of the successful bidder
(1)

Within seven days of the meeting of the Commission, the secretary shall notify the successful bidder of their success and shall also notify every unsuccessful bidder of the rejection of their bids and the details of the successful bid.

(2)

The Commission shall issue a letter of allotment in Form LA 5 set out in the Schedule to the successful bidder.

17.
Payment of the purchase price

The successful bidder shall pay to the Commission the stand premium within ninety days of receipt of the Commission's letter of notification under regulation 16(1).

18.
Cancellation or amendment of tender
(1)

The Commission may cancel or amend the whole or part of a tender for the sale of any land at any time and for any reason.

(2)

Without limiting the generality of paragraph (1), the Commission may cancel a tender if the Commission—

(a)

receives information of or suspects any collusion among bidders;

(b)

suspects the use of coercion or threats by a bidder or bidders to dissuade the submission of bids by others or to affect the contents of another bidders' bid; or

(c)

suspects any engagement in improper activity, by any person, in connection with the tender.

19.
Commission not to be liable for any losses on cancellation
(1)

Subject to paragraph (2), where the Commission shall not be liable for any costs or liabilities incurred by any bidder or third parties upon cancels the tender, the Commission shall not be held responsible for.

(2)

Upon the cancellation of a tender, the Commission shall, within fourteen days of the date of cancellation, refund all bid deposits received and any other funds received except for the non-refundable bid submission fee.

20.
Disclosure of interest
(1)

A member of the Commission who has an interest in the tendering process before the Commission shall disclose that interest and exclude himself or herself, as the case maybe, from the process.

(2)

A member of the Commission who fails to disclose any existing conflict of interest commits an offence.

21.
Compliance with public procurement requirements

The Commission shall ensure that the process under this part is in compliance with Public Procurement and Asset Disposal Act, 2015 (No. 33 of 2015).

PART V – ALLOCATION BY PUBLIC DRAWING OF LOTS
22.
Invitation for public drawing

The Commission shall, after giving notice in accordance with section 14 of the Act, send notices inviting applications for allocation by public drawing of lots.

23.
Commission to shortlist the applicants

On receipt of the applications, the Commission shall review the applications and shortlist the applicants based on the following—

(a)

in cases of industrial and commercial parcels, evidence of capacity to develop the Parcel;

(b)

citizenship;

(c)

proof of prior possession of the land where applicable;

(d)

in case of residential parcels, preference will be given to residents of the particular urban area who have no other residential property; and

(e)

any other criteria set by the Commission.

24.
Preparation of lots
(1)

The Commission shall prepare lots equivalent to the number of the shortlisted applicants.

(2)

The lots to be used in the draw shall be in Form LA 7 set out in the Schedule and shall have the following particulars-—

(a)

parcel number of the subject land for the affirmative lots, or the words 'not successful' for the negative lots;

(b)

blank spaces to fill in Name, ID number or passport number of successful applicants; and

(c)

the name and signature of the presiding officer.

(3)

The affirmative lots shall be equivalent to the available parcels of land.

25.
Balloting to be conducted in public
(1)

The balloting shall be conducted in public and witnessed by an officer from the national government or county government authority responsible for betting, as the case may be.

(2)

The presiding officer shall fill in the particulars of every successful allottee on the ballot paper and append his or her name and signature on the ballot paper.

(3)

The presiding officer shall enter the particulars of the successful allottees in the register kept by the Commission.

(4)

The Presiding officer shall issue a certificate to the successful applicant in Form LA 8 set out in the Schedule.

(5)

The Commission shall compile a report on the balloting consisting of—

(a)

the minutes of the allocation process meeting;

(b)

a list of successful applicants; and

(c)

copies of notices.

26.
Commission to issue letters of allotment and publish list of beneficiaries
(1)

Upon the completion of the allocation processes the commission shall issue letters of allotment to the successful applicants in Form LA 5 set out in the Schedule and publish a notice in two newspapers of nationwide circulation, one locally circulating newspaper where applicable, and at the headquarters of the respective county setting out—

(a)

a list of the beneficiaries;

(b)

a requirement of the beneficiaries to physically collect their letters of allotment from the Commission's County offices; and

(c)

the date and place where the allocation was done.

(2)

The letter of allotment shall contain the details of the offer including—

(a)

the name, identification number and address of the allottee;

(b)

the particulars of the parcel of land on offer including the parcel number, size, location and term of lease;

(c)

the stand premium and any other fees payable;

(d)

the time within which to pay the stand premium and the fees; and

(e)

applicable special conditions.

PART VI – ALLOCATION THROUGH PUBLIC REQUEST FOR PROPOSALS
27.
Commission to invite public proposals
(1)

The Commission may, at the request of the National or County Government and after giving notice in accordance with section 14 of the Act, invite the public for proposals for utilization or development of the land.

(2)

The Commission shall—

(a)

notify the public by issuing at least thirty days' notice in two newspapers with nationwide circulation;

(b)

specify in the notice details, the terms of reference and requirements of the proposal; and

(c)

specify the mode, method and process of submission of the proposals.

(3)

Upon receipt of proposals, the Commission shall determine viable proposals based on the specified criteria, prepare a report and submit it to the national or respective county government for consideration.

(4)

The national or the respective county government shall consider the report to determine the suitable proposals and recommend the successful applicants to the Commission for allocation of land.

(5)

The Commission shall issue letters of allotment in Form LA 5 set out in the Schedule to the successful applicants and notify the unsuccessful applicants accordingly.

28.
Setting aside land for investment purposes at the request of the county
(1)

Pursuant to section 12(3) of the Act, the Commission shall upon the request by the national or a county government set aside land for investment purposes.

(2)

The national government or a county government shall submit the request for the setting aside of the land to the Commission in Form LA 9 set out in the Schedule.

(3)

In order to determine suitable land to be set aside for investment purposes, the Commission shall consider—

(a)

the size and suitability for investment;

(b)

the viability of relevant infrastructure; and

(c)

whether the proposed investment is in conforms with the approved development plans and development conditions for the land.

(4)

The request shall be accompanied by a base map indicating the location of the land.

(5)

The Commission shall satisfy itself that the land proposed for reservation does not fall in the categories set out in section 12(2) of the Act.

(6)

The Commission shall initiate public consultations by placing a notice in, at least two daily newspapers of nation-wide circulation, one local newspaper and affix notices at the county, sub county and ward offices inviting comments or objections on the intended setting aside of public land.

(7)

The notice referred to in sub-regulation (6) shall—

(a)

contain a description of the land in issue;

(b)

specify the date, venue and time of the public consultations; and

(c)

allow for not less than thirty days period for making the representations.

(8)

Upon receipt of the representations from the public on the intended reservation, the Commission shall—

(a)

analyze the representations and ascertain the general opinion of the public;

(b)

take into consideration all other matters required under this Act or any other law; and

(c)

determine whether based on the considerations referred to under paragraph (a) and (b) the setting aside ought to be approved.

29.
Allocation of land for investments
(1)

Where the Commission is satisfied that all the conditions set in regulation 28 have been met, the Commission shall advise the national or county government to undertake the planning, survey, geo-referencing and servicing of the land.

(2)

Allocation of land to investors within the reserved land shall be in accordance with the Regulations depending on the mode of allocation.

30.
Application for allocation of land by a public body
(1)

Where any public institution wishes to be allocated public land or is in actual occupation of the public land, the public institution shall apply to the Commission for the formalization of the allocation and registration in the name of the institution.

(2)

In order to determine an application under paragraph (1), the Commission shall—

(a)

satisfy itself that there is merit in the application and that such land is available;

(b)

consult and seek views of the national or county government; and

(c)

require the land to be planned, surveyed, geo-referenced and the necessary services provided.

31.
Letters of allotment for public entities

The Commission shall, subject to the law governing the management of public entities, issue letters of allotment—

(a)

in the case of an incorporated public entity, in the name of the entity or other body authorized by law;

(b)

in the case of unincorporated entity, the Cabinet Secretary to the National Treasury as trustee, or other body authorized by law;

(c)

in the case of county government, in the name of the county government or other body authorized by law; or

(d)

in accordance with the relevant national or county government law on registration of land.

32.
Regularizing of existing allocation in urban areas by defunct local authorities
(1)

Allocation of land made under any of the repealed Acts may be regularized by the Commission at the request of the county governments pursuant to section 162(1) of the Act.

(2)

Without limiting the generality of the foregoing, the Commission if satisfied that an occupier of public land was lawfully allocated land by any of the defunct local authorities in accordance with the repealed Acts and remains unregistered, it shall formally allocate the land.

(3)

The Commission shall—

(a)

satisfy itself that the land does not fall within any of the categories set out in section 12(2) of the Act;

(b)

where the allottee is a non-citizen, ensure that the approval of the Cabinet Secretary is obtained where the land is controlled land as defined in section 12A(1) of the Act; and

(c)

require that the land is planned, surveyed, geo-referenced and serviced.

(4)

Upon the Commission satisfying itself that all the conditions have been met, it shall issue letters of allotment in Form LA 5 set out in the Schedule.

33.
Allocation of public land by public exchange
(1)

The Commission may allocate public land through the process of public exchange, upon a request from the national or county government, where private land is required for public purpose.

(2)

Upon receipt of the request under paragraph (1), the Commission shall satisfy itself that the land that is the subject of exchange is suitable for the intended purpose.

(3)

Upon being satisfied on the suitability of the land for the intended purpose, the Commission shall negotiate and enter into an agreement with the registered owner of the land for the purposes of exchanging the private land with another public land of equal value.

(4)

The Commission shall execute a deed of exchange or transfer on behalf of the national or county government, on the one part and the registered proprietor, on the other part.

(5)

Upon the execution of the deed of exchange, the Commission shall forward it to the Land Registrar.

(6)

The Commission shall facilitate the issuance of the respective titles and the conveyance fees shall be borne by the benefiting institution.

(7)

The proprietor shall only surrender the original title in exchange for the title of the parcel of land received in exchange.

(8)

The national or county government shall not take possession of the exchanged land until the title has been issued to the proprietor of the exchanged private land.

PART VII – MISCELLANEOUS PROVISIONS
34.
Allocation and other transactions on controlled land
(1)

Where application for allocation of public land has been processed by Commission under these Regulations and identifies the applicant is an ineligible person under section 12A of the Act, the Commission shall seek the approval of the Cabinet Secretary before allocation in Form LA 10 set out in the Schedule.

(2)

The Cabinet Secretary shall, before granting approval, seek the approval of the relevant authorities in accordance with section 12A (3).

(3)

The Cabinet Secretary shall communicate his or her decision to the Commission in Form LA 11 set out in the Schedule.

35.
Payment of fees
(1)

An allotee shall pay fees within the period provided in the letter of allotment which shall not be more than ninety days from the date of the issuance of the letter of allotment.

(2)

Fees payable in the letter of allotment shall be paid in the name of the Commission in an account to be designated by the Commission.

36.
Preparation of leases on public land
(1)

The Commission shall prepare and execute leases emanating from allocation of public land.

(2)

In order to facilitate the preparation of leases on public land, the Commission shall request for three copies of sealed cadastral plan and cadastral map in Form LA 12 set out in the Schedule from the office or authority responsible for surveys.

(3)

Upon receipt of the sealed cadastral plan and cadastral map, a lease document in Form LA 13 set out in the Schedule shall be executed by designated officers of the Commission duly designated by notice in the Gazette, on behalf of the national government or county government.

(4)

The executed Lease document and the cadastral map and plan shall be forwarded to the Chief Land Registrar for registration and issuance of Certificate of Lease to the proprietor.

(5)

The Commission shall forward the documents in paragraph (4) to the Chief Land Registrar in Form LA 14 set out in the Schedule.

SCHEDULE

FORM LA 4

[Reg. 6(5).]

FORM LA 5

[Regs. 6(6), 16(2), 26(1), 27(5) & 32(4).]

Reference Number: ......................................

NATIONAL LAND COMMISSION
LETTER OF ALLOTMENT

Name: ....................................................................

Address: ................................................................

Email Address: ......................................................

Dear Sir/Madam,

RE: Parcel No. ..........................................

I have the honor to inform you that the National Land Commission, on behalf of the National/County Government of ....................................., hereby offers you a grant of the above parcel subject to your formal written acceptance of the following conditions and to the payment of the charges as prescribed hereunder:

AREA: ............................................... hectares (approximately)

TERM .................. years from the ......... day of .................. 20 ..........

STAND PREMIUM Kshs. ................................................................

ANNUAL RENT Kshs. .....................................................................

Rent from ....................................... to .............................

Conveyance Fees Kshs. ..........................................................

Registration Fees Kshs. ...........................................................

Rates Kshs. ..................................................................

Stamp Duty Kshs. ..................................................................

Survey Fees Kshs. .................................................................

Road and Drains Kshs. .............................................................

Others Kshs. .......................................................................

Receipt No. ................. Less Deposit ......................................

TOTAL Kshs.

__________________

GENERAL: This Letter of Allotment is subject to, and the lease will be made under the provisions of the Land Act, 2012 (No. 6 of 2012) and certificate of title will be issued under the Land Registration Act, 2012 (No. 3 of 2012)

SPECIAL CONDITIONS: (See attached)

I should be glad to receive your acceptance of the attached conditions together with banker's cheque for the amount as set out above within 90 days of the postmark:

If acceptance and payment respectfully are not received within the said 90 days from the date hereof the offer herein contained will be considered to have lapsed.

At the time you commence building you should exercise the greatest care to ensure that any building or other works are contained within the boundaries of the parcel for should you overstep the aforesaid boundaries the cost of removal and reconstruction must be borne by you.

The issue of the Government lease will be undertaken upon survey and proof of payment.

Your full name(s) ID, PIN, ADDRESS (Postal and Physical) AND CERTIFICATE OF INCORPORATION (where applicable) in BLOCK LETTERS, should be given for the purpose of the Certificate which will be submitted to you later. The attached special conditions form part of the offer which must be accepted in writing.

Date ......................................, 20 ...................

Yours faithfully,

Authority:

..................................................................

For: National Land Commission

CC.

TO:

CS, Ministry in charge of Lands

Director of Surveys

Director of Physical Planning

The County Executive Committee Member for Lands

O/C Land Rent

O/C Rates

The Accountant

O/C Records All to note.

Senior Plan Record Officer

_________________

FORM LA. 6

[Reg. 10.]

REPUBLIC OF KENYA
NATIONAL LAND COMMISSION
INVITATION FOR BIDS FOR ALLOCATION OF PUBLIC LAND

The National Land Commission hereby gives notice of intention to allocate the parcel(s) of land described in the schedule hereunder subject to terms available at the Commission's Office in Nairobi and at the Commission's office in .................. County. The mode of allocation shall be the way of ....................... as prescribed under section 12(1) of the Land Act, 2012.

The allocation shall take place at ................. (place) on ............... date at ............ (time)

Members of public are hereby invited to apply. Application forms are available at the office of ............................................ Offices of the Commission at the county level, office of the Cabinet Secretary, Ministry in charge of Lands, Director of surveys, Director of Physical Planning, the County Executive Committee Member for Lands, O/C Land Rent, O/C Rates, the Accountant, O/C Records or Senior Plan Record Officer or may be downloaded at the Commission's website www ..........................

Duly completed application forms should be returned to the office of ................. County Land Management Board within 30 (thirty) days from the date hereof with a nonrefundable fee of Kshs 1000/- (one thousand only).

Parcel No:

Area Hectares:

User

Fees payable

NATIONAL LAND COMMISSION

_________________

FORM LA 7

[Reg. 24(2).]

REPUBLIC OF KENYA
NATIONAL LAND COMMISSION

Serial No: .............................................

BALLOT (LOT) PAPER

Parcel No: ............................... Locality: ..............................

Name of Applicant: .................................................................

ID No./Passport No.: .............................................................

Postal Address: ..................................................................

Name of the presiding officer: ......................... Signature: ..................

Note: A Ballot with a blank parcel Number is considered to be unsuccessful.

This form is issued without erasure or alteration.

_________________

FORM LA 8

[Reg. 25(4).]

REPUBLIC OF KENYA
NATIONAL LAND COMMISSION

Serial No: .............................................

CERTIFICATE FOR ALLOCATION OF PUBLIC LAND UPON DRAWING OF LOTS

Name: ................................................................................

Postal Address: .................................................................

ID No./Passport No.: ..........................................................

PIN No: .............................................................................

This is to certify that the above named holder of this form has successfully qualified for allocation of Parcel Reference No. ............. having participated in the public drawing of lots held on .................... day of ........................... 20 ........... at ...............................

This form should be presented to the Chairman, National Land Commission within ........................... days for issuance of Letter of Allotment.

.....................................................

Chairman,

National Land Commission.

_________________

FORM LA 9

[Reg. 28(2).]

REPUBLIC OF KENYA
NATIONAL LAND COMMISSION
REQUEST FOR RESERVATION OF PUBLIC LAND FOR INVESTMENT PURPOSES

To: The National Land Commission

The National Government or County Government of ............... of P. O. Box ...................... email ....................... hereby applies for reservation of land whose particulars are described as hereunder:

(a)

Plot/parcel No. (where applicable ....................................................

(attach a cadastral plan or a base map)

(b)

Locality: ..................................................................... City/Town/Ward

(c)

Plot size (Ha) ....................................................................................

(d)

Purpose for which the land is required (specify) ................................................

(attach a brief description of the intended investment)

Date: ................................ Signature: ...................................

Name: ...........................................................................................

Designation: ..............................................................................

FOR OFFICIAL USE ONLY

Recommended/Not recommended

..................................................Chairman,National Land Commission.

Date ................................

_________________

FORM LA 10

[Reg. 34(1).]

REPUBLIC OF KENYA
NATIONAL LAND COMMISSION
APPLICATION FOR APPROVAL TO ALLOCATE CONTROLLED LAND TO INELIGIBLE PERSONS

To: The Cabinet Secretary

1.

WHEREAS the person described in paragraph 4 has successfully applied for allocation of the parcel of land described in paragraph 5, the parcel of land falls within the meaning of controlled land under the Act and requires your approval before the allocation.

2.

This is therefore to request for approval to allocate parcel of land described in paragraph 5 to the person named in paragraph 4.

3.

Annex herewith are certified copies of all relevant documents in support of this application.

4.

Name of Allottee ..............................................................................

Nationality .....................................................................................

Passport No. .......................................................... (Certified copy attached)

Certificate of Incorporation No. .......................... (Certified copy attached)

PIN (where applicable) .................................... (Certified copy attached)

Postal Address (in Kenya) .......................................................................

Physical Address (in Kenya) .......................................................................

5.

Description of land:

Parcel No. (if surveyed. If not surveyed, attach a site plan) ..............................

Locality ............................................... County/City/Town/..........................

User of the Parcel ...............................................................................

Date this ................... day of ............................... 20 ................

..............................................................

Chairman,

National Land Commission.

_________________

FORM LA 11

[Reg. 34(3).]

REPUBLIC OF KENYA
MINISTRY OF LANDS AND PHYSICAL PLANNING
APPROVAL OF ALLOCATION ON CONTROLLED LAND

To: The Chairman, National Land Commission

RE: Parcel No. .................................................................

With reference to your application date ............... day of ...................... 20 ............. (Reference No. ...........................)

Your application is:

1. Approved/Not approved .............................................;

2. Approved subject to the following conditions:

(a)

.....................................................................................

(b)

.....................................................................................

(c)

.....................................................................................

Yours faithfully,

.......................................................

Cabinet Secretary.

CC:

The County Government of ...........................................................

This approval is issued without erasure or alteration.

_________________

FORM LA. 12

[Reg. 36(2).]

REPUBLIC OF KENYA
NATIONAL LAND COMMISSION
INDENT FOR CADASTRAL MAP AND PLAN

File Reference Number: .....................................

To:

Date: .......................................... 20 ..............

The Director of Surveys

RE: Parcel Number .................................................................

Your Ref. ........................................ F/R .................................

_________________

FORM LA. 13

[Reg. 36(3).]....

THE LAND ACT, 2012

(to be completed in quadruplicate)

Presentation Book Date received for registration:

Registration Fees: Ksh. ......................................... paid

No. 20 ......................................, 20 ...................

Receipt No. ...............................................................

REPUBLIC OF KENYA
THE LAND ACT, 2012
LEASE

REGISTRATION UNIT: ...........................................................

TITLE No: ...............................................................................

KNOW ALL PERSONS BY THESE PRESENTS the National Land Commission on behalf of the County Government ..................................../National Government in consideration of the sum of shillings ..........................................

HEREBY LEASES TO: .................................................................................................... (herein after called "the lessee") ALL THAT piece of land situated in ........................... comprised in the above-mentioned title containing by measurement approximately ........................ Hectares the said parcel of land with the dimensions, abuttals and boundaries thereof as delineated on the plan annexed hereto and more particularly on the Cadastral Plan Number ................................... deposited in the office of Director of Surveys for the term of ........................ years from the .......... day of ............................... 20 ............... at the annual rent of ...................................... payable in advance on the first day of January in each year and subject to the provisions of the Land Act No. 6 of 2012 and following special conditions:

SPECIAL CONDITIONS

1.

No buildings shall be erected on the land nor shall additions or external alterations be made to any buildings otherwise than in conformity with the plans and specifications previously approved in writing by the Commission and the County Government. The Commission and County Government shall not give its approval unless it is satisfied that the proposals are such as to develop the land adequately and satisfactorily.

2.

The Lessee shall within six (6) calendar months of the actual registration of the lease submit in triplicate to the County Government and the Commission building plans (including block plans showing the positions of the buildings and system of drainage for the disposal of the sewage, surface and sullage water), drawings, elevations and specifications of the buildings the Lessee proposes to erect on the land and shall within 48 months of the actual registrations of the lease complete the erection of such buildings and the construction of the drainage system in conformity with such plans, drawings, elevations and specifications as amended (if such be the case) by the Commission.

PROVIDED that notwithstanding anything to the contrary contained in or implied by the Land Act, 2012, if default shall be made in the performance or observance of any of the requirements of this condition it shall be lawful for the Commission or any person authorized by it on behalf of the National and County Governments to re-enter into and upon the land or any part thereof in the name of the whole and thereupon the term hereby created shall cease but without prejudice to any right of action or remedy of the Commission in respect of any antecedent breach of any conditions herein contained.

3.

The Lessee shall maintain in good and substantial repair and conditions all buildings at any time erected on the land.

4.

Should the Lessee give notice in writing to the Commission that the lessee is unable to complete the buildings within the period aforesaid the Commission shall at the lessee’s expense accept a surrender of land comprised herein PROVIDED FURTHER that if such notice is aforesaid shall be given (1) within twelve months of the actual registration of the Lease, the Commission shall refund to the lessee fifty per centum of the stand premium paid in respect of the land or (2) at any subsequent time prior to the expiration of the said period to the Commission shall refund the Lessee twenty-five per centum of the said stand premium. In the event of notice being given after the expiration of the said building period no refund shall be made.

5.

The land and buildings shall only be used for ............................................ purposes.

6.

The land shall be developed in accordance with the approved development plans.

7.

The land shall not be used for any purpose which the Commission considers to be dangerous or offensive.

8.

The Lessee shall not subdivide, change or extend use of the land, without prior written consent of the Commission, the county government and any other applicable regulatory authority.

9.

The Lessee shall not sell, transfer, sublet, charge or part with possession of the land or any part thereof or any building thereon except with prior consent in writing of the Commission. No application of such consent (except in respect of a loan required for building purposes) will be considered until Special Condition No. 2 has been performed.

10.

The Lessee shall from time to time pay to the County Government on demand such proportion of the cost of maintaining all roads and drains serving or adjoining the land as the County Government may assess.

11.

The Lessee shall pay such rates, taxes, charges, duties, assessments or outgoings of whatever descriptions as may be imposed charged or assessed by the Commission on behalf of the National and County Government upon the land or the buildings erected thereon, including any contribution or other sum paid by the Commission in lieu thereof.

12.

The Commission or such person or authority as may be appointed for the purpose shall have the right to enter upon the land and lay and have access to water main service pipes and drains, telephone wire, fiber optic and electric mains of all descriptions whether overhead or underground and the Lessee shall not erect any buildings in such a way as to cover or interfere with any existing alignments of main or services pipes or fiber optic or telephone wires and electric mains.

13.

The Commission reserves the right to revise the annual ground rent payable here-under at the expiration of every ten years of the term. Such rental shall be at a rate to be determined by the Commission of the unimproved value of the land as at the end of every tenth year of the term.

Dated this ................... day of ............................... 20 ............

* Sealed with the common Seal of the Commission

Signed by:

..................................................................................

On behalf of National Land Commission

SIGNED by the Lessee in the presence of:

SIGNATURE: ..............................................................

ID/PASSPORT No: .........................................................

PIN NO: .........................................................................

I CERTIFY that the above-named appeared before me on the ................ day of ............................., 20 ................. and being known to me/being identified by .............................................. acknowledged the above signature or marks to belong to the lessee and that the lessee freely and voluntarily executed this instrument and understood its contents.

.......................................................................................

Signature of the Magistrate/or Commissioner of Oaths/

or Notary Public

REGISTERED this ................... day of ............................., 20 ............

Name: ............................... Signature and Number: .............................

Land Registrar

DRAWN BY:

National Land Commission

P.O. Box 44417-00100

NAIROBI

* Delete whichever is not applicable

_________________

FORM LA. 14

[Reg. 36(5).]

NATIONAL LAND COMMISSION
SUBMISSION OF LEASE DOCUMENT TO THE CHIEF LAND REGISTRAR

To: The Chief Land Registrar

Date: ..............................................

RE: .............................................................................

HEREWITH find Lease Document (in triplicate) for the above mentioned parcel of land duly signed and executed by both the Lessor and the Lessee for registration purposes

Registration fees of Kshs ...................................... has been paid vide Receipt No. ..................................... of ............................................

Signed: .......................................................................

For Chairman,

National Land Commission.

CC.

Owner .................................................................. (please call upon the Land Registrar for collection of your Certificate of Lease).

LAND (ASSESSMENT OF JUST COMPENSATION) RULES, 2017

ARRANGEMENT OF SECTIONS

1.

Citation

2.

Interpretation

3.

Factors to be considered in the assessment of compensation

4.

Assessment of market value

5.

Factors not to be considered in the determination of an award

6. ADDITIONAL COMPENSATION

_______________

LAND (ASSESSMENT OF JUST COMPENSATION) RULES, 2017
1.
Citation

These Regulations may be cited as the Land (Assessment of Just Compensation) Rules, 2017

2.
Interpretation

In these Rules unless the context states otherwise requires—

“market value” means the value of the land at the date of publication in the Gazette of the notice of intention to acquire the land.

3.
Factors to be considered in the assessment of compensation

The Commission shall consider the following factors when assessing compensation—

(a)

the market value of the land;

(b)

damage sustained or likely to be sustained by persons interested at the time of the Commission's taking possession of the land by reason of severing the land from his or her other land;

(c)

damage sustained or likely to be sustained by persons interested at the time of the Commission's taking possession of the land by reason of the acquisition injuriously affecting his or her other property, whether moveable or immovable, in any other manner or his or her actual earnings;

(d)

reasonable expenses incidental to the relocation any of the persons interested or who will be compelled to change residence or place of business as a consequence of the acquisition; and

(e)

damage genuinely resulting from diminution of the profits of the land between the date of publication in the Gazette of the notice of intention to acquire the land and the date the Commission takes possession of the land.

4.
Assessment of market value
(1)

The Commission shall determine an award based on the market value of the land to be acquired.

(2)

When assessing the market value—

(a)

the commission shall take into consideration the effect of any express or implied condition of title or law which restricts the use to which the land concerned maybe put;

(b)

if the market value of the land has been increased, or is currently increased, in either of the following ways, the increase shall be disregarded—

(i) an increase by reason of an improvement by the owner or his or her predecessor after the date of publication in the Gazette of the notice of intention to acquire the land; or
(ii) an increase by reason of the use of the land or premises in a manner which could be restrained by a court or is contrary to the law, or is detrimental to the health of the occupiers of the premises or to public health.
5.
Factors not to be considered in the determination of an award

In determining the amount of compensation to be awarded for land acquired under the Act, the Commission shall not consider—

(a)

the degree of urgency which has led to acquisition;

(b)

any disinclination of the person interested to part with the land;

(c)

damage sustained by the person interested which, if caused by a private person, would not be a good cause of action;

(d)

damage which is likely to be caused to the land after the date of publication in the gazette of the notice of intention to acquire the land or in consequence of the use to which the land will be put;

(e)

any increase in the actual value of the land as at the date of publication in the Gazette of the notice of intention to acquire likely to accrue from the use to which the land will be put when acquired; and

(f)

any outlay on additions or improvement to the land, incurred after the date of publication in the Gazette of the notice of intention to acquire land, unless the additions or improvements were necessary for the maintenance of any building in proper state of repair.

6.
Additional compensation

The Commission shall add a sum equal to fifteen per cent of the market value to the amount of compensation as compensation for disturbance.

LAND (CONVERSION OF LAND) RULES, 2017

ARRANGEMENT OF SECTIONS

PART I – PRELIMINARY

1.

Citation

2.

Interpretation

3.

Identification of land to be converted

4.

Conversion of public land to private land

5.

Public consultation

6.

Planning and surveying of the land intended to be converted

7.

Conversion of public land to community land

SCHEDULES

..

LAND (CONVERSION OF LAND) RULES, 2017
PART I – PRELIMINARY
1.
Citation

These Regulations may be cited as the Land (Conversion of Land) Rules, 2017.

2.
Interpretation

In these Rules unless the context states otherwise requires—

“base map” means a topographical map depicting the natural and man-made features of the land.

3.
Identification of land to be converted
(1)

The national or county government may, on its own motion or upon a request, identify the land and notify the Commission, in Form LA 1 set out in the Schedule, of its intention to convert the land from one category to another pursuant to section 9 of the Act.

(2)

The notification in paragraph (1) shall be accompanied with a base map showing the location of the land.

4.
Conversion of public land to private land
(1)

Upon receipt of the notification under regulation 3 to convert public land to private land, the Commission consider the notification and shall satisfy itself that—

(a)

the land is, at the time of the intended conversion, public land;

(b)

the purposes for which it is intended to be used are compatible with land use planning for the respective area;

(c)

the land is not part of an ecologically sensitive area;

(d)

the conversion complies with any other provisions of the Act or any other law; and

(e)

the land is not controlled land as defined in section 12A(1) of the Act.

(2)

Where the Commission is satisfied that the land meets the criteria set out paragraph (1), the Commission shall—

(a)

in the case of a substantial transaction refer the matter to the National Assembly or County Assembly for approval as the case may be as required by section 9(3) of the Act ; and

(b)

in all other cases, invite public consultations in accordance with regulation 5.

(3)

Upon receipt of approval from the National Assembly or County Assembly, the Commission shall allocate the land and enter the particulars in the register.

5.
Public consultation
(1)

Where a conversion does not amount to substantial transactions, the Commission shall, upon satisfying itself of the viability of the conversion, invite comments on or objections on the intended conversion of public land into private land by—

(a)

placing a notice in Form LA 2 set out in the Schedule, in at least two daily newspapers of nation-wide circulation and one newspaper of county-wide circulation;

(b)

affixing a notice at the County and Sub-County headquarters, wards and other strategic places within the vicinity of the land;

(c)

announcing of the notice in both official and local languages in a radio with nationwide coverage; and

(d)

announcing in public barazas and places of worship.

(2)

The notice referred to in paragraph (1) shall—

(a)

contain a description of the land in issue;

(b)

provide the nature of conversion including particulars of the person or persons to whom the land is intended to be converted;

(c)

specify the date, venue and time of the public consultations; and

(d)

allow for representations to be received within fifteen days.

(3)

The Commission shall receive verbal and written representations.

(4)

Upon receipt of the representations from the public on the intended conversion, the Commission shall—

(a)

analyze the representations and ascertain the general opinion of the public;

(b)

consider all other matters required under this Act or any other law; and

(c)

determine, based on the considerations received, whether the conversion ought to be approved.

(5)

If the Commission approves intended conversion of the land, it shall allocate the land and enter the particulars in the register.

6.
Planning and surveying of the land intended to be converted

The Commission shall require the national or county government to plan, survey, geo-reference and service the land before commencement of the conversion.

7.
Conversion of public land to community land
(1)

Where public land is to be converted to community land the national or county government shall present an application to the Commission in Form LA 3 set out in the Schedule requesting for conversion of land from public land to community land.

(2)

Upon receipt of the application under paragraph (1), the Commission consider the application and shall satisfy itself that—

(a)

the land is public land; and

(b)

the land shall be used for the benefit of the community as provided under Article 63 of the Constitution.

(3)

The Commission shall, upon satisfying itself of the viability of the conversion, invite comments or objections on the intended conversion of public land to community land by placing a thirty days' notice in—

(a)

placing a notice in Form LA 2 set out in the Schedule, in at least two daily newspapers of nation-wide circulation and one newspaper of local circulation;

(b)

affixing a notice at the County and Sub-County headquarters, wards and other strategic places within the vicinity of the land;

(c)

announcing of the notice in both official and local languages in a radio with nationwide coverage; and

(d)

announcing in public barazas and places of worship.

(4)

In cases where there are objections from the stakeholders and the Commission is satisfied that the objections are reasonable, the Commission shall notify the national or county government as the case may be.

(5)

In cases where there are no objections, the Commission shall publish a notice in the Kenya Gazette of the conversion of the public land to community land.

(6)

The Commission shall advise the land registrar to enter the conversion in the community land register.

..

LAND (EXTENSION AND RENEWAL OF LEASES) RULES, 2017

ARRANGEMENT OF SECTIONS

1.

Citation

2.

Extension of lease

3.

Notification of approaching expiration of the lease

4.

Renewal of lease before expiry

5.

Renewal of expired leases after expiry

6.

Commission to seek for recommendations

7.

Independent Appeals Committee

SCHEDULES

SCHEDULE

LAND (EXTENSION AND RENEWAL OF LEASES) RULES, 2017
1.
Citation

These Rules may be cited as the Land (Extension and Renewal of Leases) Rules, 2017.

2.
Extension of lease
(1)

At any time before expiry of a lease, a lessee may apply to the Commission, through the office of the Commission in the respective county, for extension of lease in Form LA 22 set out in the Schedule.

(2)

Upon receipt of the application, the Commission shall within seven days forward the application, to the Cabinet Secretary, where the national government is the lessor or the County Executive Committee Member responsible for matters relating to land, in the respective county government, where the county government is the lessor for, consideration.

(3)

Upon receipt of an application under paragraph (2), the Cabinet Secretary or the County Executive Committee Member responsible for matters relating to land in the respective county government shall review the application on behalf of the national or county government, respectively, and within ninety days of receipt of the application either—

(a)

approve the extension of lease for a specified term with such terms and conditions as may be specified; or

(b)

decline to extend the lease and give the reasons thereof.

(4)

In order to determine whether to grant or decline to grant an extension, the Cabinet Secretary or the County Executive Committee Member responsible for matters relating to land of the respective county government shall consider—

(a)

in the case of a company, the names of the directors and their citizenship status including a search from the Registrar of Companies showing the shares of each director;

(b)

the clearance certificate, relating to all land rates and rents from the relevant authority;

(c)

information relating to any existing encumbrances on the title of the land for which an extension is applied for;

(d)

evidence that the lessee has complied with the terms and conditions of the existing lease to the satisfaction of the lessor; and

(e)

where the application for extension is by a non-citizen, the unexpired term and the term of extension sought to ensure that they do not cumulatively exceed ninety-nine years.

(5)

The Commission shall not require a lessee to surrender the unexpired term of an existing lease as a condition for the grant of an extension of a lease.

(6)

The decision to grant or not grant an extension shall be communicated to the Commission for implementation.

(7)

Where approval of extension of the lease is granted, the Commission shall—

(a)

require the lessee to have the land revalued in order to determine the land rent and other requisite fees, payable;

(b)

require the lessee to have the land re-surveyed and geo-referenced, where applicable;

(c)

prepare a lease for the extended period, stating the terms and conditions of the extension; and

(d)

have the lease executed;

(e)

forward the executed lease to the Registrar for the registration and the noting of the extended term in the register.

(8)

The grant of an extension of lease shall not extinguish the unexpired term and shall take effect from the last day of the unexpired term.

(9)

Where the extension of lease is not granted by the national or county government, the Commission shall communicate the decision to the lessee within seven days of receipt of the decision and advice the lessee of the right of appeal.

3.
Notification of approaching expiration of the lease
(1)

Within five years before the expiry of a leasehold tenure, the Commission shall, in accordance with section 13 of the Act, notify the lessee, by registered post and any other means provided under these regulations, that the lease is about to expire and forward a copy of the notification to the Cabinet Secretary or County Executive Committee Member responsible for matters relating to land in the relevant county government, as the case may be.

(2)

The notification under paragraph (1) shall indicate the date of expiry the leasehold tenure, inform the lessee of the lessee's pre-emptive right, under section 13 of the Act, to apply for the extension of the lease and to whom to make the application.

(3)

If the lessee does not respond to the notification under paragraph (1) within one year from the date of service of the notification, the Commission shall publish the notification in two newspapers of nationwide circulation and require the lessee to respond within six months from the date of the publication.

(4)

If the lessee does not respond to the notification referred to in paragraph (3), the Commission shall undertake physical verification of the land to establish the status of the land.

(5)

If upon verification under paragraph (4) the Commission establishes that the lessee is in occupation of the land, the Commission shall advise the lessee on the need to apply for renewal and the consequences of failing to apply for the renewal.

(6)

The service of a notification by the Commission under this regulation shall not preclude the lessee from seeking an extension of lease under regulation 2.

4.
Renewal of lease before expiry
(1)

A person who wishes to renew a lease shall apply to Commission for renewal, through the office of the Commission in respective county, in Form LA 23 set out in the Schedule.

(2)

The Commission shall within seven days of receipt of an application under paragraph (1), forward the application to the Cabinet Secretary or County Executive Committee Member responsible for matters relating to land in the relevant county government for consideration.

(3)

In order to determine whether to grant or not grant renewal, the national government or county government shall require—

(a)

in the case of a company, the names of the directors and their citizenship status including a search from the Registrar of Companies showing the shares of each director;

(b)

clearance certificate from the relevant authority in relation to all land rates and rents; and

(c)

evidence that the lessee has complied with the terms and conditions of the existing lease to the satisfaction of the lessor.

(4)

Where the national or county government needs the land for public purpose in accordance to section 13(1)(a) of the Act, the national or county government shall notify the Commission of need for the land for public purpose and require the Commission to notify the lessee accordingly.

(5)

Upon notification by the Commission under paragraph (4)—

(a)

the national or county government shall carry out an inventory of the developments on the land;

(b)

the lessee shall be required not to put up new developments or improvements thereon.

(6)

The national government or county government shall within ninety days of receipt of the application under regulation 2—

(a)

approve the renewal of lease for a specified term with such terms and conditions as may be specified; or

(b)

not approve the renewal of the lease and give the reasons thereof.

(7)

The decision of the national government or county government under paragraph (6) shall be forwarded to the Commission for implementation.

(8)

Where approval of renewal of the lease is granted, the Commission shall—

(a)

require the lessee to have the land revalued to determine the payable land rent and other requisite fees;

(b)

require the lessee to have the land re-surveyed and geo-referenced; and

(c)

issue a new letter of allotment in Form LA 5 set out in the Schedule for the parcel and a new lease shall be issued in accordance with the provisions of the Act and these Rules.

(9)

Where the renewal of lease is not granted by the national government or county government, the Commission shall communicate the decision to the applicant within seven days of receipt of the decision and advice the applicant of the right of appeal.

5.
Renewal of expired leases after expiry
(1)

Where the term of the lease has expired, the Commission shall require the lessee to apply for renewal of the lease in Form LA 23 set out in the Schedule.

(2)

In order to determine whether to grant or not grant renewal, the Commission shall require, whether the lessee is a citizen or non-citizen—

(a)

in the case of a company, the names of the directors and their citizenship status including a search from the Registrar of Companies showing the shares of each director;

(b)

clearance certificate relating to all land rates and rents, from the relevant organ; and

(c)

proof that the lessee has complied with the terms and conditions of the lease.

(3)

In instances of substantial transactions, the Commission shall, in consultation with the national or county government ensure that—

(a)

the renewal is beneficial to the economy and the country as a whole;

(b)

the investment purpose is in accordance with the national or regional or county policies and plans; and

(c)

the renewal is in public interest, public safety, public order, public morality, public health and land use planning.

(4)

The Commission shall carry out a site inspection to verify the status of developments.

6.
Commission to seek for recommendations
(1)

The Commission shall within seven days of receipt of an application under rule 5(1), forward the application to the County Executive Committee Member responsible for matters relating to land in the relevant county government for consideration.

(2)

The County Executive Committee Member responsible for matters relating to land in the relevant county government shall before the determining an application for renewal of lease under rule 5(1) seek representations from the relevant authorities.

(3)

The County Executive Committee Member responsible for matters relating to land in the relevant county government shall consider the representations of the relevant authorities and approve the renewal of the lease where favorable representations for renewal of the lease are received.

(4)

Where approval of renewal of the lease is granted, the Commission shall—

(a)

require the lessee to have the land revalued to determine the payable land rent and other requisite fees;

(b)

require the lessee to have the land re-surveyed and geo-referenced; and

(c)

issue a new letter of allotment in Form LA 5 set out in the Schedule for the parcel and a new lease shall be issued in accordance with the provisions of the Act and these Rules.

(5)

Where the national or county government needs land for public purpose in accordance to section 13 of the Act and upon satisfying themselves that the land is included in the National or County Spatial Plan and cities and urban area plans under County Governments Act, 2012 (No. 17 of 2012) and Urban Areas and Cities Act, 2011 (No. 13 of 2011) respectively, the national or county government shall notify the Commission of its intention not to renew the lease.

(6)

The notice under paragraph (5) shall include the justification for the need of the land for public purpose.

(7)

Upon notification under paragraph (6)—

(a)

the national or county government shall carry out an inventory of the developments on the land;

(b)

the lessee shall be required not to put up new developments or improvements thereon.

(8)

Where the renewal of lease is not granted by the county government, the Commission shall communicate the decision to the applicant within seven days of receipt of the decision and advice the applicant of the right of appeal to the Commission.

7.
Independent Appeals Committee
(1)

A lessee who is aggrieved by the decision not to extend or renew a lease may within thirty days, of receipt of the decision, appeal to the Commission through the office of the Commission in the respective county.

(2)

The Commission shall within thirty days of receipt of an appeal the matter to an ad hoc Independent Appeals Committee established by the Commission at the county consisting of—

(a)

a representative from the Commission, who shall be the chairperson of the committee;

(b)

a representative from Kenya Institute of Planners;

(c)

a representative from Institution of Surveyors of Kenya;

(d)

a representative from Law Society of Kenya;

(e)

a representative from Kenya Bankers Association; and

(f)

a representative from Kenya Private Sector Alliance.

(4)

The ad hoc Independent Appeals Committee shall hear and determine appeals within sixty days from the date of receipt of the appeal.

(5)

The decision of the ad hoc Independent Appeals Committee shall be binding and any party dissatisfied with the decision may appeal to the court.

SCHEDULE

LAND REGULATIONS, 2017

ARRANGEMENT OF SECTIONS

PART I – PRELIMINARY

1.

Citation

2.

Interpretation

PART II – ADMINISTRATION OF PUBLIC LAND

3.

Commission to maintain data base

4.

Inventory of land based natural resources

5.

Care, control and management of reserved public land

6.

Variation Order

7.

Revocation of order

8.

Inventory of public land vested in public entities

9.

Issuance of licences on un-alienated public land

10.

Notice to licencee to quit un-alienated public land

11.

Payment of land rent

12.

Deleted

13.

Application for consent to transfer, sublease or charge

PART III – CONVERSION OF FREEHOLD AND LEASEHOLD TENURE OVER NINETY-NINE YEARS OWNED BY NON CITIZENS

14.

Commission to notify affected non-citizen land owners

15.

Conversion of tenure

PART IV – ADMINISTRATION OF PRIVATE LAND

16.

Subdivision, amalgamation, partition and reparcellation of freehold land

17.

Subdivision, amalgamation, partition and reparcellation of leasehold land

18.

Change or extension of user on freehold land

19.

Change or extension of user on leasehold land

20.

Approval of building plans or other development on leasehold land

21.

Application for consent to transfer, sublease or charge on leasehold land

PART IVA – ELECTRONIC LODGING

21A.

User accounts

21B.

Users' obligations

PART V – COMPULSORY ACQUISITION OF INTERESTS IN LAND

22.

Application for compulsory acquisition

23.

Notification of the proposed acquisition

24.

Entry of the proposed acquisition in the register

25.

Notice of inquiry to be issued by Commission

26.

Valuation of claims and interests

27.

Preparation and service of award

28.

Acquisition of part of the land and survey

29.

Payment of compensation

30.

Power to obtain temporary occupation of land

31.

Reference of matters to court for determination by the Commission

PART VI – SETTLEMENT PROGRAMMES

32.

Planning and survey of settlement scheme land

33.

Establishment of the sub-county selection committee

34.

Identification and verification of beneficiaries

35.

Preparation of list of beneficiaries

36.

Determination of the cost of land

37.

Allocation of land in settlement schemes

38.

Board to publish names of successful beneficiaries

39.

Breach of settlement land allocation conditions

40.

Development and promotion of settlement programmes

41.

Settlement of squatters

42.

Procedures of the Board

43.

Trustees' administrative managements

44.

Opening accounts

45.

Books of accounts

46.

Audit

47.

Financial year of the Board

48.

Conflict of Interest

49.

Trustees Liability

50.

Transitional provision

PART VII – EASEMENTS AND ANALOGOUS RIGHTS

51.

Applications for creation of public rights of way to the Commission

52.

Notices by the Commission

53.

Creation of a public right of way where there are no objections

54.

Objections to create public right of way

55.

Public inquiry in case of objections

56.

Notice of public inquiry

57.

Referral to the county government

58.

Negotiations where there are objections

59.

Compensation for land and other interests on creation of public right of way

60.

Order to create public right of way

61.

Registration of the way leave or public right of way

PART VIII – MISCELLANEOUS

62.

Controlled land

63.

Eviction notice to unlawful occupiers of public land

64.

Eviction notice to unlawful occupiers of unregistered community land

65.

Eviction notice to unlawful occupiers of private land

66.

Proper identification of persons taking part in the eviction

67.

Formal authorizations for evictions

68.

Time during which evictions should be undertaken

69.

Protection of property or possessions

70.

Service of Notices

SCHEDULES

FIRST SCHEDULE [Regulation 5.] —

GUIDELINES FOR MANAGEMENT OF PUBLIC LAND HELD BY PUBLIC AGENCIES, STATUTORY BODIES AND STATE CORPORATIONS

SECOND SCHEDULE [Regulation 26(2).] —

GUIDELINES AND CRITERIA FOR DETERMINATION OF JUST COMPENSATION

THIRD SCHEDULE —

FORMS

FOURTH SCHEDULE [Reg. 70(2).]