Registered Land Rules (Cap. 300)

[Rev. 2012] L9 - 107 [Issue 1] REGISTERED LAND RULES, 1963 ARRANGEMENT OF RULES Rule 1. Citation. 2. Form of register. 3. Forms of certificates. 4. Other forms. 5. Saving of forms under Cap. 283 and Cap. 281. 6. Forms to be in English. 7. Verification of instructions. 8. Fees. 9. Assessment of fees. 10. Payment of fees. 11. Registrar not to prepare instruments in certain cases. 12. Deposit on account of fees. 12A. Disputed boundary–minimum fee. 13. Refund of fees. SCHEDULES FIRST SCHEDULE – THE REGISTER SECOND SCHEDULE – FORMS THIRD SCHEDULE – FORMS FOURTH SCHEDULE – VERIFICATION OF INSTRUMENTS: PRESCRIBED OFFICERS AND OTHER PERSONS FIFTH SCHEDULE – FEES [Rev. 2012] [Issue 1] L9 - 108 REGISTERED LAND RULES, 1963 [Cap. 300, Sub. Leg., L.N. 605/1963, L.N. 174/1976, L.N. 70/1979, Act No. 1/1987, L.N. 267/1988, L.N. 97/1991, L.N. 296/1994, L.N. 146/2005, L.N. 147/2005, L.N. 148/2005, L.N. 149/2005, L.N. 150/2005, L.N. 151/2005, L.N. 152/2005, L.N. 55/2008, L.N. 9/2010.] 1. Citation These Rules may be cited as the Registered Land Rules, 1963. 2. Form of register A register shall be in one of the forms in the First Schedule to these Rules whichever is appropriate; the registration section and the parcel number shall together form the title number, and the parcel number entered in a register in respect of a lease shall contain— (a) where the lease is of a whole parcel, the parcel number; (b) where the lease is a sublease, a letter suffix unique to that sublease; (c) where the lease or sublease is of a portion of a parcel, a subdivisional number unique to that portion, and letters and subdivisional numbers shall appear in the order in which the respective interests were created. 3. Forms of certificates A title deed and a certificate of lease shall be in the appropriate form in the Second Schedule to these Rules. 4. Other forms The forms in the Third Schedule to these Rules shall, subject to section 108 of the Act, be used in all matters to which they refer. 5. Saving of forms under Cap. 283 and Cap. 281 Notwithstanding rules 2, 3 and 4 of these Rules, any register, certificate of freehold title or instrument which complies with the form prescribed under the Land Consolidation Act shall be deemed to comply with these Rules, and a grant for a term of years which was registered under the Registration of Titles Act shall, for the purposes of registration under this Act, be deemed to be a lease. 6. Forms to be in English All forms shall be clearly and legibly completed in the English language. 7. Verification of instructions (1) In addition to the Registrar and the persons specified in section 110 of the Act, the public officers and other persons specified in the Fourth Schedule to these Rules may verify any instrument for the purposes of that section. (2) A certificate for the purpose of subsections (2) and (4) of section 110 of the Act shall be in the following form, which may be printed on, or otherwise incorporated in, any instrument present for registration— [Rev. 2012] L9 - 109 [Issue 1] and the Registrar or the public officer or other person certifying (if he has a seal or stamp of office) shall affix his seal or stamp of office to the certificate. 8. Fees The fees specified in the second column of the Fifth Schedule to these Rules shall be paid in respect of the matters specified in the first column of that Schedule: Provided that— (i) no fee shall be payable for the preparation or registration of any instrument in respect of any dealing in favour of the President, the Government, the Permanent Secretary to the Treasury (Incorporated), the Central Land Board, the Settlement Fund Trustees or in a Region, or in respect of any application, notice or caution made, given or presented by or on behalf of any of those persons or, where they are required for official purposes, for a search by or for the issue of any copy to any public officer; (ii) where a parcel is identified by reference to more than one sheet of the registry map, the sheets required to identify that parcel shall, for the purposes of any fee, be deemed to be one sheet only. 9. Assessment of fees Where any fee is calculated ad valorem and no consideration is expressed in the instrument, the value for the purposes of assessment of stamp duty shall be the value on which the fee is calculated. 10. Payment of fees (1) Except where an instrument has been prepared by the Registrar, every instrument presented for registration shall be accompanied by the prescribed form of application for registration, and the fee payable therefor shall be paid by means of adhesive revenue stamps affixed to that form in the place provided. (2) The Registrar shall cause to be impressed on all such forms and on all copies thereof a stamp recording the date of presentation in such manner (in the case of the original) as to cancel the stamps affixed in payment of fees, and such impression shall, in the absence of fraud, be conclusive evidence of the date of presentation and that the fees stated in the application to have been paid have been paid. (3) Unless the Registrar otherwise agrees, fees in all other cases shall be paid in cash. (4) A restriction under section 136 to secure the payment of additional stamp duty shall be in Form RL 30 in the Third Schedule. 11. Registrar not to prepare instruments in certain cases (1) Except where one of the parities to a disposition is the President, the Government, the Permanent Secretary to the Treasury (Incorporated), the Central Land Board or the Settlement Fund Trustees, no instrument shall be prepared by the Registrar where the amount or value for the consideration exceeds thirty thousand shillings or where the amount or value of the annual rent or other annual payment reserved exceeds two thousand shillings or where the area of the land exceeds one hundred acres, and the [Rev. 2012] [Issue 1] L9 - 110 Registrar may refuse to prepare an instrument in any case where he is of the opinion that the parties to the transaction should obtain the advice of an advocate. (2) Where an instrument is prepared by the Registrar, his responsibility is limited to the preparation of that instrument, and he shall not be concerned with, nor be in any way liable for, any other issue which may arise between the parties to any transaction. 12. Deposit on account of fees Where any fee payable for the services of the Registrar or of the Survey of Kenya cannot be assessed until the service required by an application has been completed, the Registrar may require the applicant to deposit with the Registrar such sum not exceeding the maximum amount of the prescribed fee as the Registrar may determine, and he may refuse to proceed with the application until such deposit has been made. 12A. Disputed boundary–minimum fee The minimum deposit for an application to the Registrar to indicate or determine a disputed boundary shall be four hundred shillings. 13. Refund of fees No fee shall be refunded except by order of the Chief Land Registrar. [Rev. 2012] L9 - 111 [Issue 1] FIRST SCHEDULE [Rule 2.] THE REGISTER FIRST SCHEDULE—continued FIRST SCHEDULE—continued THE REGISTER [To be printed on white paper] [Front] [Rev. 2012] [Issue 1] L9 - 112 FIRST SCHEDULE—continued SECOND SCHEDULE [Section 3.] [Act No. 1 of 1987, s. 3.] TITLE DEED REPUBLIC OF KENYA [Rev. 2012] L9 - 113 [Issue 1] REGISTRATION OF LAND ACT [Rule 3.] [Front] CERTIFICATE OF LEASE [Rev. 2012] [Issue 1] L9 - 114 THIRD SCHEDULE [Rule 4.] [L.N. 146/2005, s. 2, L.N. 147/2005, L.N. 148/2005, L.N. 149/2005, L.N. 150/2005, L.N. 151/2005, L.N. 152/2005, L.N. 123/2011, s. 2.] [Rev. 2012] L9 - 115 [Issue 1] [Rev. 2012] [Issue 1] L9 - 116 [Rev. 2012] L9 - 117 [Issue 1] [Rev. 2012] [Issue 1] L9 - 118 [Rev. 2012] L9 - 119 [Issue 1] [Rev. 2012] [Issue 1] L9 - 120 [Rev. 2012] L9 - 121 [Issue 1] [Rev. 2012] [Issue 1] L9 - 122 [Rev. 2012] L9 - 123 [Issue 1] [Rev. 2012] [Issue 1] L9 - 124 [Rev. 2012] L9 - 125 [Issue 1] [Rev. 2012] [Issue 1] L9 - 126 [Rev. 2012] L9 - 127 [Issue 1] [Rev. 2012] [Issue 1] L9 - 128 [Rev. 2012] L9 - 129 [Issue 1] [Rev. 2012] [Issue 1] L9 - 130 [Rev. 2012] L9 - 131 [Issue 1] [Rev. 2012] [Issue 1] L9 - 132 [Rev. 2012] L9 - 133 [Issue 1] [Rev. 2012] [Issue 1] L9 - 134 MUTATION FORM [page 2] SKETCH THIRD SCHEDULE, FORM R.L. 29—continued [page 3] SKETCH [Rev. 2012] L9 - 135 [Issue 1] [page 4] [Rev. 2012] [Issue 1] L9 - 136 FOURTH SCHEDULE [Rule 7.] VERIFICATION OF INSTRUMENTS: PRESCRIBED OFFICERS AND OTHER PERSONS 1. Instruments executed in Kenya— A judge or Magistrate. The Registrar and the Deputy Registrar of the High Court. The Registrar-General, the Deputy Registrar-General and any Assistant Registrar General. An administrative officer. A Superintendent of Prisons. An advocate. A bank official. 2. Instruments executed in a foreign country— A notary public. FIFTH SCHEDULE [L.N. 174/1976, s. 2, L.N. 296/1994, L.N. 55/2008, L.N. 9/2010, s. 2.] FEES [Rev. 2012] L9 - 137 [Issue 1]