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AN OVERVIEW OF THE LAND (EXTENSION AND RENEWAL OF LEASES) RULES 2017

14-12-2017 |  By:  |  Comments

By Eva Mola

The Land (Extension and Renewal of Leases) Rules were published on 1st December, 2017. The purpose of the Rules is to offer guidance on the procedure for renewal of Leases under the new Land Act 2012.

 

First off, the National Land Commission is required under Rule 3 to take the necessary steps to inform Lease holders of their right to extend/renew the Lease (this right is contained in Section 13 of the Land Act 2012). The National Land Commission must inform Lease holders of this right within 5 years before the expiry of the Lease. The Notification may take the form of Registered Post. If the Lease holder does not respond within 1 year, the National Land Commission must publish the notice in the newspaper giving the Lease holder 6 months within which to respond. Failing any response, the National Land Commission must physically go to the ground to verify and establish the state of the property.

 

The Rules have established Forms for Renewal of Lease (FORM LA 23). The decision to renew/any a Lease is made by the County Executive Committee Member (CECM) responsible for Land (in the case of land belonging to the county). For Land held by the National Government the decision is made by the relevant Cabinet Secretary.

 

FACTORS THAT THEY CONSIDER IN MAKING THE DECISION TO RENEW A LEASE (RULE 4)

 

  1. For companies, the names of the directors and their citizenship status including a search from the Registrar of Companies showing the shares of each director
  2. Rent/Rates Clearance Certificates
  3. Evidence of compliance with terms and conditions of the Lease
  4. For County held land where the term has expired the CECM will need to seek (public) representations before renewal of the Lease

 

Once a decision is made to review or not review of Lease, the CS or CECM communicates the decision to the National Land Commission.

 

The National Land Commission is expected to implement the decision of the CS/ CECM

 

Where the application is approved, the National Land Commission must then ensure that the land is re-valued to determine the payable rent/fees.

 

Further the Rules provide a procedure for compulsory acquisition per Section 13(1)(a) Land Act.

 

If you are unhappy with the decision to grant / reject a renewal of Lease you can within 30 days file an appeal to the National Land Commission (Regional Office). The Appeal must be decided within 60 days. The decision of this Ad hoc Independent Appeal Committee is binding. This decision can be challenged on appeal to the courts.


  National Land Commission, Kenya, Law, Lease, Land, Act,

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