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.

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

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

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.

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.

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.

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.

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.

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.

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

Every bid shall be submitted in a sealed envelope.

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

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.

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

Bids shall be opened in the presence of the bidders.

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.

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.

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

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.

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

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.

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

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.

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.

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.

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.

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

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

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

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.

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.

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

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

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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

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.

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.

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

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

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.

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.

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

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.

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.

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.

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

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.

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

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

The Commission shall receive verbal and written representations.

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

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.

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.

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.

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

Pursuant to section 15(3) the Act, Commission shall keep and maintain an inventory of land based natural resources.

The inventory shall be available for inspection by members of public.

The Commission may vary the conditions of care, control or management of public land attached to the vesting order mentioned in regulation 5, in accordance with section 16(2) of the Act.

Where the variation will affect not only the respective agency, statutory body or State or county corporation but also a third party, the Commission shall, in accordance with section 16(3) of the Act, notify the third party of the intended variation in Form LA 17 set out in the Third Schedule before publishing the variation order in the Gazette.

The Commission shall consider the submissions and give a written feedback to the affected third party within seven days of receipt of the submissions.

The Commission shall require the public institutions vested with the control, care and management of public land to submit an inventory of all land under their control and actual occupation.

The Commission shall conduct annual inspections to ensure that developments on public land are in accordance with the relevant development, management and land use plans.

If upon inspection the Commission establishes that conditions of development, management and land use have been breached, a notice of not more than sixty days specifying the actual breach and actions to be taken to remedy the breach may be given by the Commission.

All management bodies shall ensure that the interests of local communities and the national values and principles of governance set out under Article 10 of the Constitution are observed.

An application for a temporary occupation licence shall be submitted to the national or relevant county government.

Upon receipt of the application, the national or relevant county government shall process the application and forward their recommendation to the Commission for grant of licence to the successful applicant in Form LA 19 set out in the Third Schedule.

An application for consent to transfer a temporary licence shall be made to the Commission in Form LA 20 set out in the Third Schedule.

The fees payable under any licence shall be paid to the Commission which shall remit such funds into the Consolidated Fund account in the case where the national government is the licensor; and, to the County Revenue Fund account where the county government is the licensor.

The Commission may, after the expiration of the period specified in the licence, serve the licensee with a notice to vacate the public land in Form LA 21 set out in the Third Schedule.

The notice shall require the licencee to remove any structures on the land within a specified period.

The Commission shall issue land rent demand notes to the lessees in accordance with the terms of a lease.

Land rent shall be paid into a bank account designated by the Commission.

Where the national government is the head lessor, the Commission shall remit such funds into the Consolidated Fund account and where the county government is the head lessor, the Commission shall remit such funds into the respective County Revenue Fund account by the fifth day the following month.

Upon payment of the outstanding land rent, an application for the land rent clearance certificate shall be made in Form LA 24 set out in the Third Schedule.

Rent Clearance Certificate shall be issued in Form LA 25 set out in the Third Schedule at the county office of the Commission where the land is registered or in any other means as may be determined by the Commission.

An application for consent to transfer, sublease or charge land shall be submitted to the Commission in Form LA 26 set out in the Third Schedule.

An application under paragraph (1) shall be accompanied by a rent clearance certificate issued under regulation 12.

The Commission shall conduct a site inspection to confirm any matter in relation to the land.

Where an application to transfer land owned by national public institutions to private individuals or entities is received, the Commission shall require that such application be accompanied by a written confirmation from the Cabinet Secretary in charge of the institution that the transfer is done in accordance with the relevant procurement and disposal procedures.

Where an application to transfer land owned by county government to private individuals or entities is received, the Commission shall require that such application be accompanied by a written confirmation from the County Government that the transfer is done in accordance with the laid down procurement and disposal procedures.

The Commission shall within five years from the commencement of these regulations undertake the conversions of all freehold titles and leases held by non-citizens that exceed ninety nine years.

The Commission shall require the Chief Land Registrar to cause an entry to be made on all registers of land owned by non-citizens whose term was reduced to ninety-nine years with effect from the 27^th August, 2010.

The Commission shall cause the land to be re-surveyed, geo referenced and cadastral map and plan produced by the authority responsible for survey.

The registered proprietor shall be required to surrender the original title document to the Commission.

Upon receipt of the original title document and cadastral map and plan from the authority responsible for survey, the Commission shall prepare a lease for a term of ninety-nine years in the name of the registered proprietor.

The Commission shall forward the original title document, the lease and the cadastral map and plan to the Chief Land Registrar for registration.

All Government processing fees incurred under the process will be free of charge.

Any transfer of land from a non-citizen to a citizen that may have occurred after the 27th August, 2010 shall be deemed to have transferred a leasehold term of no more than ninety-nine years.

Application for subdivision, amalgamation, partition and reparcellation of freehold land shall be submitted to the county government and shall be processed and approved in accordance with the laws relating to physical planning.

Upon receipt of representations sought under paragraph (2), the county government may grant development permission within thirty days and forward a copy to the Cabinet Secretary.

Where development permission from the county government is not granted, the county government shall notify the applicant of its decision, in writing, within thirty days of the decision stating the reasons for refusal.

Upon fulfillment of the requirements in paragraph (2) and (3), the applicant shall cause a survey to be carried out and submit a cadastral map and plan to the Chief Land Registrar for registration and issuance of resultant title(s).

The Chief Land Registrar shall decline to register a document unless development permission has been granted as required under these regulations.

The applicant shall be required to submit the existing certificate of title to the Chief Land Registrar in exchange for a new one.

Application for subdivision, amalgamation, partition and reparcellation of leasehold land shall be submitted to the county government.

Where the approval is not granted, the county government shall notify the applicant of its decision, in writing, within thirty days, stating the reasons for refusal.

The Commission shall prepare the subsequent lease(s) and forward them to the Chief Land Registrar for registration in Form LA 29 set out in the Third Schedule.

The applicant shall be required to submit the existing certificate of lease to the Chief Land Registrar in exchange for a new one.

Application for change or extension of user on freehold land shall be submitted to the relevant county government.

Where the development permission from the county government is not granted, the county government shall notify the applicant of its decision, in writing, within thirty days, and shall specify the grounds for refusal.

Where the development permission is granted, the county government shall forward to the Cabinet Secretary for processing.

The Cabinet Secretary shall cause an endorsement to be prepared in Form LA 30 set out in the Third Schedule which shall be forwarded to the Chief Land Registrar for noting in the register and the original certificate of title.

Application for change or extension of user on leasehold land shall be submitted to the to the relevant county government.

Where the development permission from the County Government is not granted, the County Government shall notify the applicant of its decision, in writing in writing, within thirty days stating the reasons for refusal.

The Cabinet Secretary shall communicate, in writing, the conditions for change or extension of user together with the cadastral map and plan(s), where applicable, to Commission.

The Commission shall prepare the lease and forward it to the Chief Land Registrar for registration in Form LA 29 set out in the Third Schedule.

The applicant shall be required to submit the existing certificate of lease to the Chief Land Registrar in exchange for a new one.

Application for building plans on leasehold land shall be submitted to the relevant county government.

Where the county government has approved building plans or any other development on leasehold land, it shall communicate the said approval to the Cabinet Secretary and the Commission for purposes of noting that the conditions of the lease have been met.

Applications for consent to transfer, sublease or charge leasehold land shall be submitted to the county government or the Cabinet Secretary as the case may be in Form LA 31 set out in the Third Schedule.

The Cabinet Secretary or county government may conduct a site inspection to confirm any matter relating to the land.

Where the leasehold land is for agricultural purposes, consent shall be obtained in accordance with the Land Control Act.

Where an application to transfer foreign Government owned land is received, the Cabinet Secretary or the County Government shall refer the application to the Attorney-General for confirmation that the transaction is sanctioned and approved by the respective foreign government in accordance with their laws.

Pursuant to section 107(2), an acquiring body shall apply, in writing, to the Commission for compulsory acquisition of land.

The Commission shall require the acquiring body to confirm, in writing, that it has sufficient funds for the intended acquisition.

The Commission shall further satisfy itself that the geo-referencing of the land to be acquired has been done.

Upon receipt of an application for compulsory acquisition, the Commission shall publish at least a thirty days' notice of intention to acquire the land in Form LA 33 set out in the Third Schedule in the Gazette, in at least two daily newspapers with nationwide circulation, one local newspaper and affix notices at the County, Sub County and ward offices.

The Commission shall, in accordance with section 131 of the Act, serve the notice of intention to compulsory acquire land to the affected persons and Registrar.