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LEGAL UPDATE: THE LAND (AMENDMENT) BILL, 2022.

The Land (Amendment) Bill, 2022 (the “Bill”), published on 28th October, 2022 seeks to amend the Land Act No.6 of 2012 (the “Act”) by providing for registration of public land.

Currently, certificates of title are not issued with respect to public land and as a result grabbing of public land has been an ongoing issue that requires regulation.

The Bill amends section 2 of the Act by including the definition of a Registrar as provided under section 2 of the Land Registration Act, 2012.

A Registrar is in charge of mainly registration of title documents with respect to the area in which the land is located.

Secondly, the Bill amends section 12 of the Act by including sub-section (13) which provides for the process of registration of public Land.

In a nutshell, where public land has been allocated to any public body/ institution or private bodies/persons by the National Land Commission for a public purpose, the Registrar of Lands may issue certificates of title in the respective names of the bodies/institutions to whom the land has been allocated as the case may be.

If the Bill is passed into Law, issuance of certificates of title in regards to public land in Kenya will take effect which will help curb the grabbing of public land.

The Bill can be accessed here.

Please contact us at info@cflegal.com should you require further information.

Contributors:

Roselyne MuyagaSetian Bundi
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