Surveyors Review Proposed Regulations

Members of the Institution of Surveyors of Kenya held a consultative meeting with the taskforce established by the Cabinet Secretary to come up with regulations on Land Act (2012) and Land Registration Act (2012). The meeting was held on 16TH May at the Sarova Panafric Hotel, Nairobi.

Surveyors review Land Law Regulations

The following were the key areas that were canvassed:

  1. Controlled Land – while the constitution specifies only three categories of land (public, private and community land), the surveyors raised concern that the Cabinet Secretary was trying to bring in a new category known as “controlled land” which is being put beyond the reach of NLC. They requested the task force to relook into the issue.
  2. Spirit of Devolution – some surveyors felt that the regulations went against the spirit of devolution by requiring too many references to the cabinet secretary – who in any case is represented by a physical planner, registrar and surveyor in almost all activities. They proposed that counties be given more power in decision making over lands.
  3. Dual nature of leasehold – while leases are usually held as private property, they usually are derived from public land. NLC is charged with managing public land. The cabinet secretary wants control over private land – and the tensions are evident in the proposed regulations.
  4. Compulsory Acquisition – while a survey is required before compensation, it was noted that the government is usually reluctant to do the final survey. As a result, the beneficiaries often have their land inordinately cautioned while the government enjoys the land. Surveyor’s requested that the regulations stipulate tight and mandatory time lines for the final survey.
  5. Migration to New Registries – surveyors felt that the regulations need to provide for the preservation of historical data during the migration to new registries to ensure old land records remain available for future research purposes.
  6. Digital Signatures – surveyors requested that the regulations make provision for digitally signed records
  7. New Register Entries – the regulations now provide for the entry of a spouse’s name on the register as well as land user. This will help land owners not to lose their freehold when their land is converted to other use.
  8. LSK Terms and Conditions – the surveyors felt that the regulations should not adopt these terms without subjecting them to stakeholder consultations – noting that this may impose unnecessary burdens on land transactions.

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