HIGH COURT EXTENDS DEADLINE FOR RECTIFICATION OF LAND REGULATIONS

The High Court on 31st January, 2018 extended the deadline granted to the Ministry of Lands and Physical Planning (the “MoL”) to rectify the anomaly in the enactment of Land Regulations to 31st July, 2018 to allow the Cabinet Secretary MoL obtain parliamentary approval on the newly enacted Land Registration (General) Regulations, 2017.

The order was a further extension to an earlier order issued in December 2017 allowing use of the old forms until 31st January, 2018. Since parliamentary approval had not been obtained by the said deadline, the Cabinet Secretary successfully obtained a further extension on 31st January, 2018.

The order suspending  the earlier enacted Land Regulations was issued by Justice Onguto in Anthony Otiende Otiende v Public Service Commission & 2 others [2016] eKLR  as the Land Regulations were unprocedurally enacted without the  input of the National Land Commission and parliamentary approval.

The Land Registration (General) Regulations, 2017 prescribe a wide range of conveyancing forms to be used in various conveyancing transactions such as forms of leases, transfer, charges, discharge, power of attorney, inhibitions, caution and restrictions, searches, easement and analogous rights. They also introduce the element of electronic registration and conveyancing.

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Prepared by: Caroline Kendi

                        Emma Kyalo