Law Commentaries, Understanding the Law

Understanding the Kenya Land Registration (General) (Amendment) Regulations, 2024

On May 23, 2024, Kenya’s land registration landscape underwent significant changes with the introduction of the Land Registration (General) (Amendment) Regulations, 2024, enacted through Legal Notice No. 77, 2024 by the Cabinet Secretary for Lands, Public Works, Housing, and Urban Development. These regulations primarily revise the fees charged for services at Kenya’s land registries, marking the first major update in over three decades for some fees. The goal? To align service costs with modern operational demands while enhancing efficiency and accessibility.

Why the Change?

According to Gazette Notice No. 15243, 2023, the fee adjustments address long-overdue revisions to balance the cost of providing services with the quality of delivery. The regulations aim to:

  • Ensure affordability while maintaining high service standards.
  • Introduce fees for previously uncosted services.
  • Harmonize statutory instruments for fairness across service seekers.
  • Eliminate outdated charges.
  • Support innovation and technology in land registry operations.

By modernizing the fee structure, the government seeks to streamline processes and improve service delivery for individuals, businesses, and organizations interacting with land registries.

Key Updates to Fees

The amended regulations outline new fees for a wide range of services at Kenya’s land registries, payable via the Ardhisasa platform. Below is a summary of some notable fees:

  • Official Search Certificate (Online/Manual): KShs. 1,000
  • Document Registration: KShs. 1,000
  • Issuance of Certificate of Title/Lease: KShs. 2,500
  • Replacement of Title: KShs. 2,500
  • Trust Incorporation: KShs. 10,000
  • Rectification of Register (e.g., name correction): KShs. 2,000
  • Surrender of Lease/Discharge of Charge: KShs. 5,000
  • Boundary Dispute Resolution: KShs. 3,000
  • Land Control Board Consent: KShs. 3,000 (Special Consent: KShs. 10,000)
  • Approval of Transaction by Ineligible Person: KShs. 250,000
  • Sectional Unit Approval: KShs. 500 per unit
  • Professional Advice by Registrar: KShs. 3,000

For a complete list of fees, stakeholders are encouraged to consult the full regulations.

What This Means for You

The updated fee structure affects anyone engaging with Kenya’s land registries, from property owners and developers to legal practitioners and corporations. Key takeaways include:

  • Mandatory Use of Ardhisasa: All payments must be made through the Ardhisasa platform to ensure transparency and efficiency.
  • Compliance is Critical: Incorrect submissions or failure to pay the correct fees may result in document rejection, triggering an additional KShs. 1,000 re-submission fee.
  • Enhanced Services: The fee adjustments support technological advancements, aiming for faster and more reliable service delivery.

Adapted from: BM Musau