Further to the earlier directives issued by the Ministry of Lands and the Office of the Attorney General, further guidelines have been issued with respect to the operations of the Lands and Companies Registries in the midst of the COVID-19 pandemic. Below is a summary of the further guidelines:-

          1. Ministry of Lands and Physical Planning

Following the closure  of the Lands Registry, the Cabinet Secretary of the Ministry of Lands and Physical Planning issued a further notice declaring that the period between 17^th March 2020 to 13^th April 2020 (both days inclusive) shall not be factored in when computing the timelines prescribed for registration of instruments under the Land Registration Act (the Act).

This effectively means that the timelines prescribed for registration of various documents under the Act stopped running from 17^th March 2020 and shall continue to run from 14^th April 2020. Given that the situation in the country has not improved, it is likely that the closure of the Lands Registries might subsist for a longer period than that envisaged under the notice. Therefore, there is a likelihood that further directive will be issued extending this period. We will continue to monitor the situation as it develops and note to keep you updated.

          2. Office of the Attorney General and Department of Justice

The Office of the Attorney General and Department of Justice – Business Registration Service (BRS) also issued a further notice on 26^th March 2020 clarifying the critical and essential services that continue to be provided despite the physical closure of the Registry. The services are as follows:

a) The online services on brs.ecitizen.go.ke

b) Registration of businesses

c) Registration of Debentures and Charges

d) Enquiries relating to insolvency matters

e) Support to investigative agencies

f) Persons seeking other services other than those listed above are advised to contact BRS through their

official emails.

We will keep you updated on any developments with respect to any further directives that might be issued by the Office of the Attorney General and Department of Justice during this period.

This alert is for informational purposes only and should not be taken as or construed to be legal advice. If you have any queries or need clarifications, please do not hesitate to contact Nelly Gitau, Partner or Tesrah Wamache, Associate or your usual contact at our firm, for legal advice relating to the COVID-19 pandemic and how the same might affect you.