THE LAND (AMENDMENT) BILL, 2022
| PROPOSED PROVISION FOR AMENDMENT | PROPOSED AMENDMENT | OUR COMMENTS |
|---|---|---|
| Clause 2 Amendment of section 2 of No. 6 of 2012 | The Land Act, 2012 is amended in section 2 by inserting the following new definition in proper alphabetical sequence: “Registrar” has the meaning assigned to it under section 2 of the Land Registration Act, 2012. | The definition has been added to ensure consistency with the land laws in force. |
| Clause 12 Amendment of section 12 of No. 6 of 2012 | Section 12 of the Land Act, 2012 is amended by inserting the following new sub-sections immediately after sub-section (12): (13) A public body or institution shall apply to the Registrar for registration of public land allocated by the Commission in the prescribed form. (14) The Registrar shall register public land allocated to a public body or institution by the Commission. (15) Pursuant to section 58 and paragraph 7 of the Third Schedule to the Physical and Land Use Planning Act, 2019, the Registrar shall register land set aside by persons or a land buying company for a public purpose consequent upon a proposed development. (16) Upon registration of land under sub-sections (14) and (15), the Registrar shall issue a Certificate of Title: a. in the case of an incorporated public entity, the Certificate of Title shall be issued in the name of the entity; b. in the case of an unincorporated public entity, the Cabinet Secretary to the National Treasury as a trustee; and c. in the case of a County Government, in the name of the County Government. | Before the proposed amendment, a Certificate of Title of land occupied by a public body would be held by the Principal Secretary of the relevant ministry. For example, the Certificate of Title of land occupied by the Kenya National Highways Authority was in the name of the Ministry of Roads. This addition seeks to prevent instances where the ministry can dispose of the public land without the knowledge of the public body occupying it. |