Through Legal Notice No.77, 2024, the Cabinet Secretary for Lands, Public Works, Housing and Urban Development made the Land Registration (General) (Amendment) Regulations, 2024 (“the Regulations”) whose effect was to majorly amend by increasing the government fees charged for services delivered in the Kenya land registries.
In Gazette Notice No.15243, 2023, the Cabinet Secretary stated that the amendment of the fees was necessary because some of those fees had not been reviewed for over 30 years hence the need to balance service delivery and the cost of providing services. The Regulations, therefore, seek to:
- Strike a balance between the services rendered by the Government and the cost of those services.
- Cost for services that have not been previously costed.
- Enhance service delivery by balancing service and cost of service hence affordability of the Government to offer the services.
- Bring equity to different service seekers by bringing all the statutory instruments into harmony with each other.
- Eliminate fees and charges for services provided that have become obsolete.
- Enable the Government to employ innovation and technology in the delivery of services.
The Regulations therefore provide the following fees for various services offered at the Kenya land registries:
| S/No. | Service | Fees (KShs.) |
|
1. |
Application for official search certificate (online and manual) | 1,000 |
| 2. | Application for registration of documents and instruments | 1,000 |
| 3. | Incorporation of a trust | 10,000 |
| 4. | Issuance of corporation certificate | 1,500 |
| 5. | Notice of change of corporation membership | 1,000 |
| 6. | Notice of change of corporation board membership | 1,000 |
| 7. | Public notice on termination of sectional status | 1,000 |
| 8. | Conversion of sub-leases and long-term leases | 1,000 |
| 9. | Issuance of certificate of title or certificate of lease | 2,500 |
| 10. | Re-submission for registration of any document previously rejected because of an error or failure to comply with any pre-requisite conditions of registration per document | 1,000 |
| 11. | Replacement of title | 2,500 |
| 12. | Opening new registries resulting from adjudication, new lease, sectional units, partition, amalgamation or subdivision for each parcel | 1,000 |
| 13. | Rectification of the register or change/correction of name not occasioned by the land registrar | 2,000 |
| 14. | Preparation of surrender of lease, discharge of charge, release of easement, release of profit or lease of restrictive agreement, application to server a joint proprietorship, application for partition, notice of revocation of power of attorney or a caution under section 36 of the Land Registration Act | 5,000 |
| 15. | Application for approval of a form not provided in the prescribed forms or which in the opinion of the land registrar requires substantial additions to or variations from the prescribed forms | 3,000 upon approval by the Chief Land Registrar |
| 16. | Application for re-establishing a missing boundary or ascertainment of a boundary in dispute in a cadastral map | 3,000 |
| 17. | Application for ascertaining and fixing boundaries under section 19 of the Land Registration Act | 3,000 |
| 18. | Placement of caution or restriction | 1,000 |
| 19. | Any formal proceeding or hearing including caution, removal of caution, restriction, double registration, correction, change of name conducted by the registrar | 3,000 |
| 20. | Application for certified copies of proceedings arising from the determination of the land registrar or chief land registrar | 1,000 for the first 10 pages and 100 for each additional page |
| 21. | Appeals to the chief land registrar from an order of the land registrar in exercise of the powers conferred to land registrars | 5,000 |
| 22. | Attending court or a place outside the office for a day or less than a day | 3,000 plus transport as per AA rates |
| 23. | Attending court or a place outside the office for more than a day | 3,000 plus transport as per AA rates and daily subsistence |
| 24. | Application for Land Control Board consent | 3,000 |
| 25. | Application for special Land Control Board consent | 10,000 |
| 26. | planning | 3% of stand premium |
| 27. | Application for creation of a public right of way (way leave) | 5,000 |
| 28. | Application for a public right of way (communal) | 5,000 |
| 29. | Application for approval of transaction on controlled land by an ineligible person | 250,000 |
| 30. | Approval of sectional units | 500 per unit |
| 31. | Attestation of mutations/sectional plans | 1,000 for 1-5 units plus 500 for additional 6-10 units plus 250 for additional units above 10 units |
| 32. | Application to convert land from one category to another | 1,500 |
| 33. | Attestation by the Registrar under section 45 of the Land Registration Act | 2,500 |
| 34. | Professional advice on any registration matters by the Chief Land Registrar/Land Registrar | 3,000 |
The general public and every entity requiring services at the Kenya land registries is required to pay the new fees through the Ardhisasa platform to access the services. Failure to adhere could lead to instruments and documents being rejected leading to another fee accruing on re-submission.
Conclusion
B M Musau & Co., Advocates LLP is a leading advisor in land matters including conveyancing, litigation and issuing advisories. For specific legal concerns, clarifications or situations, please consult us on email via info@bmmusau.co.ke
I am a Kenyan Advocate and the Managing Partner of B M Musau & Co., Advocates, a position I have held since 1999. My work encompasses regulatory reforms, reduction of administrative burdens, the structure of business entities, joint ventures, acquisitions, banking, foreign investment and other general corporate areas
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