Frequently Asked Questions (FAQs) - Conveyancing and Real Estate

1.0 What is the legislative framework governing Conveyancing and Real Estate in Kenya?

The Constitution of Kenya, 2010 – Chapter 5 of the Constitution which is titled “Land and Environment” provides a legal framework for transactions in land in the country;

National Land Commission Act, 2012 (NLCA) which provides for the functions and powers of the National Land Commission (NLC);

Land Registration Act, 2012 (LRA) and the Land Registration (General) Regulations, 2017 which consolidate and rationalize the registration of titles to land, to give effect to the principles and objects of devolved government in land registration;

Land Act, 2012 which gives effect to Article 68 of the Constitution, to revise, consolidate and rationalize land laws; to provide for the sustainable administration and management of land and land-based resources;

Community Land Act, 2016 which provides for the recognition, protection and registration of community land rights, their management and administration;

Sectional Properties Act, 2020 which provides for the division of buildings into units, ownership of common property of buildings and for the use and management of these units and common areas;

Distress for Rent Act (Chapter “Cap.” 293) which provides for recovery of rent arrears by a landlord from a tenant by seizing and selling the tenants goods;

Land Adjudication Act (Cap. 284) which provides for the ascertainment and recording of rights and interests in Trust land;

Registration of Documents Act (Cap. 285) which provides for registration of documents;

Rent Restriction Act (Cap. 296) which restricts the increase of rent, fixes standard rents in relation to dwelling houses and for other incidental purposes connected with the relationship of landlord and tenant over a dwelling house;

Landlord and Tenant (Hotels, Shops, Hotels and Catering Establishments) Act (Cap. 301) which provides for the protection of tenants in commercial premises from eviction or exploitation;

Land Control Act (Cap. 302) which regulates transactions affecting agricultural land and establishes the various Land Control Boards;

Landlord and Tenant Bill, 2021 which underwent the 1st reading on 25th March The Bill seeks to consolidate the laws relating to the renting of business and residential premises and repeal the Distress for Rent Act, the Rent Restriction Act and the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, set Tribunals for dispute resolution among other purposes. We shall keep an eye on whether the Bill will be enacted into law.

2.0 Which Acts of Parliament relating to administration and management of land were repealed following the enactment of the post 2010 land laws?

Acts Repealed by the Land Registration Act:

The Registered Land Act (RLA) 300

The Government Lands Act (GLA) 280

The Land Titles Act (LTA) 282

The Registration of Titles Act (RTA) 281

The Indian Transfer of Property Act, 1882

Acts Repealed by the Land Act, 2012:

The Wayleaves Act (Cap. 292)

The Land Acquisition Act (Cap. 295)

Acts Repealed by the Community Land Act, 2016:

The Land (Group Representatives) Act (Cap. 287)

The Trust Lands Act (Cap. 288)