The Land (Amendment) Bill, 2022
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
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Executive
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Final
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Mandatory Registration of Allocated Public Land
Public bodies and institutions must apply to the Registrar of Lands to register public land allocated to them by the National Land Commission. The Registrar is obligated to register such land in the prescribed form.
Registration of Land Set Aside for Public Purposes
Pursuant to Section 58 and the Third Schedule of the Physical and Land Use Planning Act, 2019, the Registrar must register land set aside by individuals or land buying companies for public purposes during proposed developments.
Categorised Issuance of Certificates of Title
Once land is registered, the Registrar of Lands will issue certificates of title based on the entity status:
- Incorporated Public Entities: Issued in the name of the entity.
- Unincorporated Public Entities: Issued to the Cabinet Secretary to the National Treasury as trustee.
- County Governments: Issued in the name of the county government.
Bill No.
No. 40 of 2022
Gazette No.
Supplement No. 165
Sponsor
Simon King'ara
Background
The Land (Amendment) Bill, 2022 seeks to amend the Land Act, 2012 (No. 6 of 2012) to address the vulnerability of public land and land set aside by land buying companies. Currently, public land allocated to public institutions and land reserved for public utilities during private subdivision often lack formal certificates of title, making them susceptible to encroachment and acquisition by private entities.
Key Amendments
Definitions
- Section 2 of the principal Act is amended to define "Registrar" as having the meaning assigned to it under Section 2 of the Land Registration Act, 2012 (No. 3 of 2012).
Registration and Ownership Framework
- Section 12 of the Land Act, 2012 is amended by inserting new subsections (13), (14), (15), and (16) to establish a clear registration procedure.
- The Registrar of Lands is mandated to register public land allocated to public bodies or institutions by the National Land Commission.
- The Registrar must also register land set aside by individuals or land buying companies for public purposes under Section 58 and paragraph 7 of the Third Schedule to the Physical and Land Use Planning Act, 2019 (No. 13 of 2019).
New Obligations
Applications for Registration
- Public bodies and institutions are required to apply to the Registrar for the registration of allocated public land using the prescribed form.
Holding of Titles
Upon registration, the Registrar must issue certificates of title to the following specified trustees or entities:
- Incorporated public entities: In the name of the incorporated entity.
- Unincorporated public entities: In the name of the Cabinet Secretary to the National Treasury as trustee.
- County governments: In the name of the respective county government.
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Updates will be visible here once they are approved and applied to this bill.