The Land (Amendment) Act, 2025 was assented by the President on 15th October 2025 and its commencement date set for 4th November 2025. The recent amendments to Kenya’s Land Act, specifically, section 2 and 12 clarifies the definition of the Registrar as well as the process of registration of a public land.
The key amendments are as follows:
1. Amendment of section 2 (Definitions)
The Land (Amendment) Act 2025 amends section 2 by providing a new definition for the word “Registrar”. Registrar shall now refer to the meaning that is assigned to it under the Land Registration Act, 2012.
The amendment ensures that key definitions and responsibilities across the land sector are consistent.
2. Amendment of section 12 (Allocation of Public Land)
The Land (Amendment) Act 2025 amends section 12 by inserting new subsections immediately after subsection 12 to guide public bodies and institutions while being allocated land.
a. Application Requirement – A public body or institution is now mandated to apply to the Registrar for registration of public land allocated by the Commission, using the prescribed form.
b. Duty to Register – The Registrar is mandated to register public land that has been allocated to a public land that has been allocated to a public body or institution by the Commission.
c. Registration of Set-aside Land – The Registrar must also register land that is set aside by persons or a land buying company for a public purpose consequent upon a proposed development. This registration is done pursuant to section 58 and paragraph 7 of the third schedule to the Physical and Land Use Planning Act, 2019.
d. Post-Registration Procedures – After registering land, the Registrar is required to publish a notice in the Gazette specifying the particulars of the registration. The Registrar shall also issue a certificate of title. The Certificate of title is issued in specific names depending on the entity:
i. For an incorporated public entity, the certificate is issued in the name of the entity;
ii. For an unincorporated public entity, the title is issued in the name of the Cabinet Secretary to the National Treasury as trustee;
iii. For a county government, the title is issued in the name of the County Government.
The amendments represent a significant reform in allocation of public land in Kenya as it prevents irregular allocation of public land as well as land set-aside thus ensuring the said lands are registered and ultimately promoting accountability within the land governance sector.
