Kenya’s land registration system was reformed by the Land Registration Act No. 3 of 2012, which repealed and consolidated multiple earlier statutes. The Act establishes a single, unified registration system and clarifies the legal effect of registration.
How Registration Works
Every parcel of land is assigned a unique parcel number. The Land Registry maintains a register for each parcel containing the parcel description, the registered proprietor’s name, and a record of encumbrances. The certificate of title (title deed) is conclusive evidence of ownership, subject to the exceptions in Section 26. The principle of indefeasibility means that a purchaser who relies on the register and acquires for value without notice of fraud takes good title.
Types of Land Tenure
Freehold (absolute proprietorship) is held indefinitely, but cannot be held by non-citizens. Leasehold is held for a specified term, typically 99 years, reverting to the grantor at expiry unless renewed. Community land is held collectively under the Community Land Act 2016.
Encumbrances
A charge (mortgage) grants security over the land. A caution warns that a person claims an unregistered interest and requires notice before any dealing is registered. A restriction prevents specified dealings without further order or consent. These instruments are visible in a title search, which is why conducting a search before any transaction is essential.
Common Title Defects
Irregular allocations, where land was allocated in violation of public land procedures, remain a significant issue. Historic irregularities can result in a title being challenged even where it appears valid on its face. Due diligence beyond the title search is essential for high-value transactions.
Protecting Your Interest Before Completion
If you have paid a deposit under a sale agreement but the transfer has not yet been registered, lodge a caution at the Land Registry immediately to prevent the seller from dealing with the property pending completion.
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