The Kenya Registered Land Act Cap 300

CHAPTER 300
THE REGISTERED LAND ACT
ARRANGEMENT OF SECTIONS
Section
Part I – Preliminary
1 - Short title.
2 - Application.
3 - Interpretation.
4 - Conflict with other laws.
Part II - Organization and Administration
Division 1- Land Registries and Officers
5 - Registration districts.
6 - Land registries.
7 - Appointment of officers.
8 - General powers of Registrar.
9 - Seal of registry.
Division 2- The Land Register
10 - The land register.
11 - Compilation of land register for special areas.
12 - Compilation of land register where land register under other
Acts, and of Government land and trust land.
13 - Transitional provisions.
14 - First registration.
15 - Manner of registration.
16 - New editions of register.
17 - Cancellation of obsolete entries.
Division 3- Maps, Parcels and Boundaries
18 - Registry map.
19 - Power to alter registry map and to prepare new editions.
20 - Further surveys.
21 - Boundaries.
22 - Fixed boundaries.
23 - Maintenance of boundary features.
24 - Interference with boundary features.
25 - Combinations and subdivisions.
26 - Reparcellation.
Part III - Effect of Registration
27 - Interest conferred by registration.
28 - Rights of proprietor.
29 - Voluntary transfer.
30 - Overriding interests.
31 - Entries to constitute actual notice.
Part IV - Title Deeds, Certificates of Lease
and Searches
32 - Title deeds and certificates of lease.
33 - Production of certificate.
34 - Dispositions of leases and charges.
35 - Lost or destroyed certificates.
36 - Searches and copies.
37 - Evidence.
Part V – Dispositions
Division 1- General
38 - Subsequent dealings.
39 - Protection of persons dealing in registered land.
39A - Vesting instruments and dispositions in the name of the
proprietor.
40 - Additional fee for delayed registration.
41 - Power to compel registration.
42 - Priority of registered interests.
43 - Stay of registration.
44 - Merger of registered interests.
Division 2- Leases
45 - Leases.
46 - Periodic tenancies.
47 - Registration of leases.
48 - Lessor’s consent to dealing with lease.
49 - Lease of charged land.
50 - Duration of leases.
51 - Future leases.
52 - Holding over.
53 - Agreements implied in leases on part of lessor.
54 - Agreements implied in leases on part of lessee.
55 - Meaning of “in repair”.
56 - Lessor’s right of forfeiture.
57 - Effect of forfeiture on subleases.
58 - Notice before forfeiture.
59 - Relief against forfeiture.
60 - Variation and extension of leases.
61 - Substitution of leases.
62 - Subleases.
63 - Surrender of leases.
64 - Determination of leases.
Division 3- Charges
65 - Form and effect of charges.
66 - Second or subsequent charges.
67 - Statutory charges.
68 - Presumption that money paid is interest.
69 - Agreements implied in charges.
70 - Chargee’s consent to transfer.
71 - Variation of charges.
72 - Right of redemption.
73 - Right of third party to transfer of charge.
74 - Chargee’s remedies.
75 - Chargee’s powers of leasing.
76 - Appointment, powers, remuneration and duties of receiver.
77 - Power of sale.
78 - Application of purchase money.
79 - Variation of powers.
80 - No right of entry into possession or foreclosure.
81 - Discharge of charge.
82 - Satisfaction of charges.
83 - Tacking and further advances.
84 - Consolidation.
85 - Transfer.
86 - Certificates as to payment of rates.
86A - Certificate as to rent.
87 - Transfer to take effect immediately.
88 - Conditions repugnant to interest transferred.
89 - Transfer of part.
90 - Transfers of leases.
91 - Effect of transfer on agreements in leases.
92 - Transfer subject to charge.
93 - Transfer subject to lease.
Division 5- Easements, Restrictive Agreements, Profits
and Licences
94 - Easements.
95 - Restrictive agreements.
96 - Profits.
97 - Release and extinguishment of easements, profits and
restrictive agreements.
98 - Discharge and modification of easements, profits and
restrictive agreements.
99 - Saving of certain rights.
100 - Licences.
Division 6- Co-proprietorship and Partition
101 - Registration of more than one proprietor.
102 - Characteristics of joint proprietorship and severance thereof.
103 - Characteristics of proprietorship in common.
104 - Partition.
105 - When Registrar may order sale.
106 - Procedure where share small.
Division 6A- Groups
106A - Groups.
Division 7- Succession on Death
107 - Succession on death.
Part VI - Instruments And Agents
108 - Form of instruments.
109 - Execution of instruments.
110 - Verification of execution.
111 - Stamps.
112 - Disposal of instruments.
113 - Minors.
114 - Agents and person under disability.
115 - Gift to person under disability.
116 - Powers of attorney.
117 - Effect of registered power of attorney.
Part VII - Transmissions and Trusts
118 - Transmission on death of joint proprietor.
119 - Transmission on death of sole proprietor or proprietor in
common.
120 - (Repealed).
121 - (Repealed).
122 - Effect of transmission on death.
123 - Transmission on bankruptcy.
124 - Liquidation.
125 - Transmission in other cases.
126 - Trusts not to be entered.
127 - Survivor of trustees.
Part VIII - Restraints on Disposition
Division 1- Inhibitions
128 - Power of court to inhibit registered dealings.
129 - Effect of inhibition.
130 - Cancellation of inhibition.

Division 2- Cautions
131 - Lodging of cautions.
132 - Notice, and effect of caution.
133 - Withdrawal and removal of caution.
134 - Second caution in respect of same matter.
135 - Wrongful cautions.
Division 3- Restrictions
136 - Restrictions.
137 - Notice and effect of restriction.
138 - Removal and variation of restrictions.
139 – 141 (Part IX)-(Repealed by 21 of 1968, Sch.).
Part X - Rectification and Indemnity
142 - Rectification by Registrar.
143 - Rectification by court.
144 - Right to indemnity.
145 - Amount of indemnity.
146 - Procedure for claiming indemnity.
147 - Recovery of indemnity paid.
148 - Errors in survey.
Part XI - Decisions of Registrars and Appeals
149 - Power of Registrar to state case.
150 - Appeals.
151 - Effect of appeal on disposition.
Part XII - Miscellaneous Provisions
152 - Addresses.
153 - Service of notices.
154 - Meaning of “opportunity of being heard”.
155 - Offences.
156 - Fees.
157 - Recovery of fees and expenses.
158 - Enforcement of Registrar’s orders for payment.
159 - Jurisdiction of courts.
160 - Rules.
161 - Saving of rights of Government and Trust Land Board.
162 - Act to bind Government.
163 - Application of common law.
164 - Indian Transfer of Property Act not to apply to registered
land.