Land (Allocation of Public Land) Regulations, 2017 (L.N. No. 284 of 2017)

2668 Kenya Subsidiary Legislation, 20 I 7 intention to acquire land, unless the additions or improvements were necessary for the maintenance of any building in proper state of repair. 6. The Commission shall add a sum equal to fifteen per cent of Addibonal the market value to the amount of compensation as compensation for compcnetron' disturbance. Dated the 2lst November,2OlT I I i I i I MUHAMAD SWAZURI, C hair p e r s on, N ational Land C ommi s s ion. I j i { 1 l l I LEGAL NOTICE NO. 284 THE LAND ACT (No.6 of 2012) lN EXERCISE of the powers conferred by section l2(ll) of the Land Act, 2O12, the National Land Commission makes the following regulations THE LAND (ALLOCATION OFPUBLIC LAND) REGULATIONS' 20tl PART I-PRELIMINARY l. These Regulations may be cited as the Land (Allocation of Citatron Public Land) Regulations, 20 17. 2.In these Rules unless the context states otherwise requires "ballot paper" means an instrument picked by applicants to determine successful persons in land allocation process; "base map" means a topographical map depicting the natural and man-made features of the land; 3. ( I ) Pursuant to section I 2( I ) of the Act, the Commission shall upon the request of the national or a county government , where ,ecessa.y, allocate the whole or part ofa specific public land'by (a) public auction; (b) application confined to a targeted group of persons or groups; (c) public notice oftenders; (d) public drawing of lots; (e) public request for proposals; and (f) public land exchange of equal value. (2) In determining the method of allocation the Commission shall, in consultation with the national government or respective county Government as the case may be, take into consideration all prevailing circumstances including the purpose for the allocation. In tcrpretation . Mcthods of allocation of public land. i I I I t I I I Kenya Subsidiary Le gislation, 20 I 7 2669 PART II-PUBLIC AUCTION 4. The Commission shall, after giving notice in accordance with section 14 of the Act, appoint a licensed auctioneer, by name, as its agent, for all or each parcel of land available for auction. 5. The Commission shall publish a notice in at least two daily newspapers of nation-wide circulation, one local newspaper and affii the notice at the county, sub-county and ward offices, spicifying (a) the date of the auction which shall be at least one month from the date of the publication of the notice; (b) the description of the land; (c) the reserve price being the stand premium; (d) the date, time and venue of the auction; (e) the amount to be paid at the fall of the hammer; and Commissron to appoint auctionecr Notrce of the auction Proccdure whcn the reserue price is not rEt. Complimcc with public procurement requrrements. No. 33 of 20 15. I I I I I , f. t 7 i (0 the terms and conditions of allocation. 6.(l) Every auction shall be conducted by an agent appointed conductofth€ under regulation 4 in the presence of an authorized officei-of the auction' Commission. (2) The agent shall declare as winner the name of the highest bidder if the bid is higher than the reserve price. (3) The winner of the bid shall, at the fall of the hammer, pay to the commission the full amount of the bid or percentage specified in the notice. (4) Notwithstanding paragraph (3) the amount to be paid at the fall of the hammer shall be at least twenty-five per cent oi the stand premium. (5) The agent shall immediately on the fall of the hammer issue a certificate of sale in Form LA 4 set out in the Schedule signed by the agent to the winner of the bid and the commission as evidence of the sale. (6) The winner of the bid shall present the certificate issued under paragraph (5) to the Commission for issuance of the Ietter of allotment in Form LA 5 set out ir the Schedule and pay the outstanding balance within ninety days. 7. If the reserved price is not met by the bidders, the agent shall declare that fact and the auction shall be repeated on subsequent occasions until a winner is found. 8. The Commission shall ensure that the process under this part complies with the Public Procurement and Asset Disposal Act,2015. PART III-ALLOCATION TO TARGETED GROUP OF PERSONS 9. (l) Where the national or county government is satisfied that it vcurnsortarsered is necessary to allocate land to a targeted group in order to ameliorate groupofpesons. the group's disadvantaged position pursuant to section l2(l)(b) of the Act, the national government or county government shall, after giving 2670 Kenya Sub sidiary Le gislation, 20 I 7 notice in accordance with section 14 of the Act, vet the targeted group to ascertain the nature of the group's disadvantaged position' (2) tn order to ascertain the disadvantaged position of the group the national or county government shall consider (a) aspects of gender and equitY; (b) persons with disabilities within the group; (c) social imbalances and injustices against the group; (d) historical injustices against the group; and (e) economic and cultural marginalization against the group' (3) The national or county government shall prepare a report on the disadvantaged nature of the group and recommend allocation of the identified landlo ameliorate the group's disadvantaged position' (4) The Commission shall study the report and if satisfied reserve the recommended land to be implemented under section 134 of the Act. PART III-ALLOCATION BY WAY OF TENDERS 10. The Commission shall, after giving notice in accordance with section 14 of the Act, invite bids for tenders by publishing a notice in Form LA 6 set out in the Schedule at the county, sub-county and ward offices and in two daily newspapers of nationwide circulation and one local newspaper at lea;t two months before the date of the opening of the bids. ll.Thenoticeinvitingthebidsshall,withresPecttoeachtender' specify (a) the sale number; (b) bidding information including (i) the particulars of the parcel or parcels on offer; (ii)thedateandtimeforsubmissionofthebidregistration form; (iii) the bid submission closing date and time; (iv) the bid opening time; and (v) the reserve price; a schedule of the list of properties with the item number for bidder reference; place and time to insPect land; bidder registration requirement as well as contact person(s) or place(s) and times at which bidders can register and obtain bid forms; and (0 any other specific terms and conditions of sale' 12. (l) Every bid shall be submitted in a sealed envelope' Commission to invite bids. Details of drc notice rnvidng bids. Receipt of thc btds. l I I I I I (c) (d) (e) Kenya Subsidiary lc gislation, 20 I 7 267 t (2) The sealed envelope containing the bid shall be placed in a closed and sealed box provided for that purpose. (3) Where a bid is received by an officer authorized ro receive the bids, the officer shall, upon receipt, stamp the sealed envelope with an official date stamp and shall place it a closed and sealed boi provided for that purpose. 13. (l) Upon the closing of the bids, the authorized officer of the Commission shall empty the sealed box containing the bids. (2) Bids shall be opened in rhe presence of the bidders. 14.(l) The bids shall be numbered consecurively and the word "last" endorsed on the last bid and initialed by the authorized officer and witnessed by at least one other member of the Commission. (2) The authorized officer of the Commission and at least one other member of the Commission shall prepare and sign a list of the bids showing the number of the bid and the name of the bidder. (3) Upon preparation and signature of the list prepared under paragraph (2f (a) the original list shall be retained by the authorized officer for evenfual incorporation in the minutes; (b) the duplicate list shall be retained by the witnessing member; and (c) the triplicate list shall be forwarded to the accounting officer of the county government or national government, as the case may be. 15.(l) The Commission shall meet within two official working days of the date of opening of the bids to select the winning bid. (2) Where the Commission is of the opinion that it was not in the public interest to award the tender to the highest bidder, the Commission shall reject the bid and reasons for the rejection be recorded in the minutes. (3) Minutes of the meetings held for the purposes of selecting winning bids shall be recorded by the secretary and signed by the chairman. 16. (l) Within seven days of the meeting of the Commission, the secretary shall notify the successful bidder of their success and shall also notify every unsuccessful bidder of the rejection of their bids and the details of the successful bid. (2) The Commission shall issue a letter of allotment in Form LA 5 set out in the Schedule to the successful bidder. 17. The successful bidder shall pay to the Commission the stand premium within ninety days of receipt of the Commission's letter of notification under regulation I 6( I ). 18. (l). The Commission may cancel or amend the whole or part of a tender for the sale of any land at any time and for any reason. Closing of brds. Comission to prcpre list of bids and the biddcs. Sclection of the wrnning brd. Notrfication of the succesful biddcr. Payment of the purchase pnce. Cmceliatron or amendmcnt of tender. 2672 Kenya Subsidiary Legislation, 20 I 7 (2) Without limiting the generality of paragraph (l), the Commission may cancel a tender if the Commission (a) receives information of or suspects any collusion among bidders; (b) suspects the use of coercion or threats by a bidder or bidders to dissuade the submission of bids by others or to affect the contents of another bidders' bid; or (c) suspects any engagement in improper activity, by any person, in connection with the tender. 19. (1) Subject to paragraph (2), where the Commission shall not be liable for any cosrs or liabilities incurred by any bidder or third parties upon cancels the tender, the Commission shall not be held responsible for. (2) Upon the cancellation of a tender, the Commission shall, within fourtien days of the date of cancellation, refund all bid deposits received and any other funds received except for the non-refundable bid submission fee. 20. (l) A member of the Commission who has an interest in the tendering process before the Commission shall disclose that interest and exclude himself or herself, as the case maybe, from the process' (2) A member of the Commission who fails to disclose any existing conflict of interest commits an offence. 2l.The Commission shall ensure that the process under this part is in compliance with Public Procurement and Asset Disposal Act, 201 5. PART IV-ALLOCATION BY PUBLIC DRAWING OF LOTS 22.The Commission shall, after giving notice in accordance with section 14 of the Act, send notices inviting applications for allocation by public drawing of lots. 23. On receipt of the applications' the Commission shall review the applications and shortlist the applicants based on the following (a) in cases of industrial and commercial parcels, evidence of capacitY to develoP the Parcel; (b) citizenship; (c) proof of prior possession of the land where applicable; (d) in case of residential parcels, preference will be given to residents of the particular urban area who have no other residential proPertY; and (e) any other criteria set by the Commission. 24. (l) The Commission shall prepare lots equivalent to the Prcpmtionof los' number of the shortlisted applicants. (2) The lots to be used in the draw shall be in Form LA 7 set out in the Schedule and shall have the following particulars Commission not to bc liablc for any losses on canccllation. Disclosrc of interest. Comphancc with public procrcment requircmcns. No. 33 of 2015. Invrtation for public drawing Commissron to shonlist thc applicants Kenya Subsidiary Legislation, 20 t 7 2673 (a) parcel number of the subject land for the affirmative lots, or the words 'not successful' for the negative lots; (b) blank spaces to fill in Name, ID number or passport number of successful applicants; and (c) the name and signature of the presiding officer. (3) The affirmative lots shail be equivarent to the available parcels of land. 25. (l) The balloting shalr be conducred in public and witnessed by an officer from the nationar government or county government authority responsible for betting, as the case may be. (2) The presiding officer shall fill in the particulars of every successful allotee on the ballot paper and append his or her name and signature on the ballot paper. (3) The presiding officer shall enter the particulars of the successful allotees in the register kept by the Commiision. (4) The Presiding officer shall issue a certificate to the successful applicant in Form LA 8 set out in the Schedule. (5) the Commission shall compile a report on the balloting consisting of (a) the minutes of the allocation process meeting; (b) a list of successful applicants; and (c) copies of notices. 26. (l) Upon the completion of the allocation processes the commission shall issue letters of allotment to the successful applicants in Form LA 5 set out in the Schedule and publish a notic; in two newspapers of nationwide circulation, one locally circulating newspaper where applicable, and at the headquarters of the respectivE county setting out (a) a list ofthe beneficiaries; (b) a requirement of the beneficiaries to physicaly coilect their letters of allotment from the Commisiion,s County off,rces; and (c) the date and place where the allocation was done. (2) The lener of allotment shall contain the details of the offer including (a) the name, identification number and address of the allotee; (b) the particulars of the parcel of land on offer including the parcel number, size, location and term oflease; (c) the stand premium and any other fees payable; (d) the time within which to pay the stand premium and the fees; and Ballotmg to be conducted in public. Commission to rssuc lcttem of allotrtrent and publsh list of bercficiaries 2614 Kenya Subsidiary Le gislation, 20 I 7 (e) applicable special conditions' PART V-ALLOCATION THROUGH PUBLIC REQUEST FOR PROPOSALS 27. (l) The Commission may, at the request of the National or County Government and after giving notice in accordance with section ta oi the Act, invite the public for proposals for utilization or development of the land. (2) The Commission shall (a) notify the public by issuing at least thirty days' notice in two newspapers with nationwide circulation; (b) specify in the notice details, the terms of reference and requirements of the ProPosal; and (c) specify the mode, method and process of submission of the proPosals' (3) Upon receipt of proposals, the Commission shall determine viable'propisals based onitt" specified criteria, prepare a report and submit it to the national or respective county government for consideration. (4) The national or the respective county government shall consiaei the report to determine theiuitable proposals and recommend the successful applicants to the Commission for allocation of land' (5) The Commission shall issue letters of allotment in Form LA 5 set oui in the Schedule to the successful applicants and notify the unsuccessful applicants accordingly' 28. (l) Pursuant to section l2(3) of the Act, the Commission shall upon it " t"(r"tt by the national or a county government set aside land for investment PurPoses. (2) The national government or a county government shall submit therequestforthesetti ngasideofthelandtotheCommissioninForm LA 9 set out in the Schedule. (3) In order to determine suitable land to be set aside for investment purposes, the Commission shall consider (a) the size and suitability for investment; (b) the viability of relevant infrastructure; and (c) whether the proposed investment is in conforms with the approved devllopment plans and development conditions for the land. (4) The request shall be accompanied by a base map indicating the location of the land. (5) The Commission shall satisfy itself that the land proposed- for ,"r"*utio, does not fall in the categories set out in section l2(2) of the Act. (6) The Commission shall initiate public consultations by placing a notice in, at least two daily newspapers of nation-wide circulation' one local newspaper and affix notiieJ at the county' sub county and Commrsston to rnvite public proposals. Sctung aside lmd for investment PurPoscs at ttr rcqucst of the county. Kenya Subsidiary Legislation, 20 I 7 2675 wg-d offices inviting comments or objections on the intended setting aside of public land. (7) The norice referred to in sub-regulation (6) shall (a) contain a description of the land in issue; (b) specify the date, venue and time of the public consultations; and (c) allow for not less than thirty days period for making the representations. . J8) Upon receipt of the representations from the public on the intended reservation, the Commission shall (a) analyze the representations and ascertain the general opinion of the public; (b) take into consideration all other matters required under this Act or any other law; and (c) determine whether based on the considerations referred to under paragraph (a) and (b) the setting aside ought to be approved. 29. (l) where the Commission is satisfied that alr the conditions set in regulation 28 have been met, the commission shall advise the national.or county government to undertake the planning, survey, geo referencing and servicing ofthe land. (2) Allocation of land to investors within the reserved land shall be in accordance with the Regulations depending on the mode of allocation. . . 30. (l) where any public institution wishes to be allocated public land or is in actual occupation of the public land, the public institution shall apply to the Commission for the formalization bf the allocation and registration in the name of the institution. (2) In order to determine an application under paragraph (l), the Commission shall (a) satisfy itself that there is merit in the apprication and that such land is available; (b) consult and seek views of the national or county government; and (c) require the land to be planned, surveyed, geo-referenced and the necessary services provided. 31. The Commission shall, subject to the law governing the management of public entities, issue letters of allotmenF (a) in the case of an incorporated public entity, in the name of the entity or other body authorized by law; (b) in the case of unincorporated entity, the Cabinet Secretary to the National Treasury as trustee, or other body authorizej by law; Alleation of land for investtrrcnts Applicuion for allocatron of land by a publrc body. Irttcm of allotmcnt for public entrtics 2616 Kenya Subsidiary Le gislation, 20 I 7 (c) in the case of county government, in the name of the county government or other body authorized by law; or (d) in accordance with the relevant national or county government law on registration of land' 32. (l) Allocation of land made under any of the rePealed Acts may be regularized by the Commission at the request of the county gore--"ntr pursuant to section 162(l) of the Act' (2) Without limiting the generality of the foregoing' the Commission if satisfied that an ociupier of public land was lawfully ullo"ut"d land by any ofthe defunct local authorities in accordance with the repealed ects ana remains unregistered, it shall formally allocate the land. (3) The Commission shall (a) satisfy itself that the land does not fall within any of the categories set out in section l2(2) of the Act; (b) where the allottee is a non-citizen' ensure that the approval of the Cabinet Secretary is obtained where the land is controlledlandasdefinedinsectionl2A(l)oftheAct;and (c)requirethatthelandisplanned,surveyed'geo-referenced and serviced. (4)UpontheCommissionsatisfyingitselfthatalltheconditions have been met, it shall issue letters of allotment in Form LA 5 set out in the Schedule. 33. (l) The Commission may allocate public land through the process of'public exchange, upon a requestfrom the national or county gor"--"rt, where private land is required for public Purpose' (2) Upon receipt of the request under paragraph (l)' the Commission shall satisfy itself that the land that is the subject of exchange is suitable for the intended purpose' (3) Upon being satisfied on the suitability of the land for the intenali p.,.por", th-e Commission shall negotiate and enter into an ugr"".n"ni wlth the registered owner of the-.land for the purposes of eichanging the private land with another public land of equal value' (4) The Commission shall execute a deed of exchange or transfer on behaif of the national or county government, on the one part and the registered proprietor, on the other part' (5) Upon the execution of the deed of exchange, the Commission shall forward it to the Land Registrar. (6)TheCommissionshallfacilitatetheissuanceoftherespective titles and the conveyance fees shall be borne by the benefiting institution. (7) The proprietor shall only surrender the original title in exchange for the title of the parcel of land received in exchange' Rcgularizing of existrng allocation rn urban ueas by dcfunct loca.l authoritics Allmatron of public lmd by public cxchange Kenya Subsidiary Legislation, 20 I 7 2617 (8) The national or county government shall not take possession of the exchanged land until the title has been issued to the proprietor of the exchanged private land. PART VI MISCELLANEOUS PROVISIONS 34. (l) Where application for allocation of public land has been processed by commission under these Regulations and identifies the applicant.is an ineligible person under section l2A of the Act, the Commission shall seek the approvar of the cabinet Secretary before allocation in Form LA l0 set out in the Schedule. (2) The Cabinet Secretary shall, before granting approval, seek the approval of the relevant authorities in accordanie-*itt section l2A(3). (3) The cabinet Secretary shall communicate his or her decision to the Commission in Form LA I I set out in the Schedule. 35. (l) An allotee shail pay fees within the period provided in the letter of allotment which shalr not be more than ninety days from the date of the issuance of the letter of allotment. (2) Fees payable in the letrer of allotment shall be paid in the name of the Commission in an account to be designaied by the Commission 36. (l) The Commission shall prepare and execute leases emanating from allocarion of public land. (2) In order to facilitate the preparation of reases on public land, the Commission shall request for three copies of seared cadastrar plan and cadastral map in Form LA 12 set out in the Schedule from'the office or authority responsible for surveys. (i) Upon receipt of the sealed cadastral plan and cadastral map, a Iease document in Form LA 13 set out in the Schedule shalr'ie executed by designated officers of the commission duly designated by notice in the Gazette, on behalf of the national governhent ir "ourtygovernment. (4) The executed Lease document and the cadastral map and plan shall be forwarded to the Chief Land Registrar for registration and issuance of Certificate of Lease to the proprGtor. (5) The Commission shall forward the documents in paragraph (4) to the chief Land Registrar in Form LA 14 ser our in ttre sitreoi:te. Allocation and other uaschons on controlled lmd Paymcnt of fes Prepamtion of leases on public lard 2678 Kenya Subsidiary Legislation, 20 I 7 i I SCHEDULE FORM LA.4 (r.6(5)) REPUBLIC OF KENYA NATIONAL LAND COMMISSION Serial No CERTIFICATEoFSALEoFPUBLICLANDINAPUBLICAUCTIoN Name. Postal Address .. '.......... ID No"/Passport No. PIN No. This is to certify that the above named holder of this form has successfully qualified for allocation of Parcel Reference No. -..... ""' having participated in the prUil" auction held on day of 2O""" at :T : :: :: :: ii :: ::: ::::"j, JtlT,,'*:fi ih X':1T1, "1,H3,f "-i s sion w i'[h in Auctioneer. CC. TO: CS, MinistrY in charge of Lands Office or authority responsible for surveys Director of PhYsical Planning The County Executive Committee Member for Lands O/C Land Rent O/C Rates The Accountant O/C Records. All to note. Senior Plan Record Officer FORM LA.5 (r. 6(6), t 6(2), 26(t), 27 (s), 32(4)) Reference Number...... NATIONAL LAND COMMISSION LETTER OF ALLOTMENT Name......... Kenya Subsidiary Legislation, 20 I 7 Address..... Email Address ......... Dear Sir/Madam, RE: Parcel No............ I have the honor to inform you that the National Land Commission, on behalf of the National /County Government of.............. hereby offers you a granr. of the above parcel subject to your formal written acceptance of ttre following conditions and to the payment ofthe charges as prescribed hireunder: AREA: . hectares (approximately) TERM yearsfromthe......... dayof ...... ...20..... STAND PREMIUM Kshs ......... ANNUALRENT Kshs......... Rent from . to....... Conveyance Fees Kshs Registration Fees Kshs Rates Kshs ... Stamp Duty Kshs ........ Survey Fees Kshs ... Road and Drains Kshs ... Others Kshs ...... Receipt No. ........... Less Deposit TOTAL Kshs GENERAL: This Letter of Allotment is subject to, and the lease will be made under the provisions of the Land Act,2ol2 (No.6 of 2012) and certificate of title will be issued under the Land Registrarion Acr,2012 (No. 3 of 2Ol2) SPECIAL CONDITIONS: (See attached) I should be glad to receive your acceptance of the attached conditions together with banker's cheque for the amount as set out above within 90 days of the postmark: If acceptan-ce and payment respectfully are not received within the said 90 days from the date hereofthe offer herein contained will be considered to have lapsed. At the time you commence building you should exercise the greatest care to ensure that any building or other works are contained within the boundarils of the parcel for should you overstep the aforesaid boundaries the cost of removal and reconstruction must be borne by you. The issue of the Government Iease will be undertaken upon survey and proof of payment. 2679 2680 Kenya Subsidiary Legislation, 20 I 7 Your full name(s) ID, PIN, ADDRESS (Postal and Physical)-AID IFRTIFICATE OF INCORpORATION (where applicable) in BLOCK LETTERS, should be given for tf9 ;6;; J the Certificate which will be submitted to you later' The attached special ionfl,iort form part of the offer which must be accepted in writing' Date....'..... ..,20... " Yours faithfullY, Authority: For: National Land Commission CC. TO: CS, MinistrY in charge of Lands Director of SurveYs Director of PhYsical Planning The County Executive Committee Member for Lands O/C Land Rent O/C Rates The Accountant O/C Records. All to note' Senior Plan Record Officer FORM LA.6 (r. l0) REPUBLIC OF KENYA NATIONAL LAND COMMISSION INVITATION FOR BIDS FOR ALLOCATION OF PUBLIC LAND ......... as prescribed under S' I 2(l) of the Land Act' 20 12' The allocation shall take place a1""""""" ""'(place) on....................date at...... -.. ..... -... -...(time) Members of public are hereby invited to apply. Application forms are available at the office of..... officei of the Commiision at the county level' office of the cabinet Secretary, MiriJti; charge of Lands, Direcror of surveys, Director of ptvri"a Planning, the County Execitive Comminee Member for Lands' oic Land Rent' o/c Rates, the Accountant, oic Records or Senior Plan Record officer or may be downloaded at the Commission's website www " " " " " The National Land Commission hereby gives notice of intention to allocate the parcel(s) of land described in the schedule hereunder subject to tems available at the Commission's Office in Nairobi and at the Commission's office in............................Corn,y. The mode of allocation sh-all b:^.!V way of K eny a Sub s idiary l,e g is lation, 2 0 t 7 2681 D uly completed application forms should be returned to the office of...........................Cou-nty Iland Management Board within 30 (thirty) days from the date hereof with a nonrefundable fee of Kshs 1000/- (one thousand only) Parcel No: Area Hectares: User Fees payable NATIONAL LAND COMMISSION FORM LA.7 G.zaQ)) REPUBLIC OFKENYA NATIONAL LAND COMMISSION Serial No BALLOT (LOT) PAPER Parcel No.... Locality Name of Applicant ......... ID No. / Passport No. ...... Postal Address ........... Name of the presiding officer Signature Note: A Ballot with a blank parcel Number is considered to be unsuccessful. This form is issued without erasure or alteration. FORM LA.8 G.2s(4)) REPUBLIC OF KENYA NATIONAL LAND COMMISSION Serial No CERTIFICATE FOR ALLOCATION OF PUBLIC LAND UPON DRAWING OF LOTS Name........ Postal Address .......... IDAllo./ Passport No. ........... PIN No. This is to certify that the above named holder of this form has successfully qualified for allocation of Parcel Reference No. ........... having participated in thepublic drawing of lors held on ...............day of ..1....20............ at This form should be presented to the Chairman, National Land Commission within ...days for issuance of Letter of Allotment. 2682 Kenya Subsidiary Legislation, 20 I 7 Chairman, National Land Commission. FORM LA. e 9.28(2)) REPUBLIC OF KENYA NATIONAL LAND COMMISSTON REQUESTFoRRESERVATIoNoFPUBLICLANDFoRINVESTMENT PURPOSES To: The National Land Commission The National Govemment or County Government of """""" ' of P' O' Box......................email..............'...hereby applies for reservation of land whose particulars are described as hereunder: (a) Plotiparcel No. (where applicable) (attach a cadastral plan or a base map) (b) Locality """""'City/Town/Ward (c) Plot size (Ha) (a) Purpose for which the land is required (specify)""' (attach a brief description of the intended investment) Date ...... .. Signature Designation.. FOR OFFICIAL USE ONLY Recommended/I"lot recommended Date... . Chairman, National Land Commission. FORM LA l0 (r.3a(l)) REPUBLIC OF KENYA NATIONAL LAND COMMISSION APPLICATIONFoRAPPRoVALToALLoCATEcoNTRoLLEDLANDTo INELIGIBLE PERSONS Kenya Subsidiary k gislntion, 20 I 7 To: The Cabinet Secretary l. WHEREAS the person described in paragraph 4 has successfully applied for allocstion of the parcel of land described in piragraph 5, the parcel of land falls within the meaning of controlled land under the Act ind requires yor, ,pp.orul before the allocation. 2- This is therefore to request for approval to allocate parcel of land described in paragraph 5 to the person named in paragraph 4. 3. Annex herewith are certified copies of all relevant documents in support of this application 4. Name of Allottee Nationality... Passport No....... .. ...(Certified copy attached) Certificate of Incorporation No. ..... (certified copy attached) PIN (where applicable) (Certified copy atrached) Postal Address (in Kenya) Physical Address (in Kenya) 5. Description of land: Parcel No. (if surveyed. If not surveyed, attach a site plan) Locality .. Counry/ City/Town/.. User of the Parcel .......... Dated this ...... day of ............. ....... ...... 20... Chairman, National Land Commission FORM LA I I (r. 3a(3)) REPUBLIC OFKENYA MINISTRY OF LANDS AND PHYSICAL PLANNING APPROVAL OF ALOCATION ON CONTROLLED LAND To: The Chairman, National Land Commission RE: Parcel No............ With reference to your application dated...... day of ...............20.... (Reference No. ......... ..). Your application is: I . Approved/t{ot approved.. . . . . . .. . .. . . . ... ..; 2. Approved subject to the following conditions; 2683 2684 Kenya Subsidiary Legislation, 20 I 7 (a) (b) (c) Yours faithfully, Cabinet SecretarY cc: The County Government of.... This approval is issued without erasure or aheration' F'RM LA. tz (r. 36(2)) REPUBLIC OF KENYA NATIONAL LAND COMMISSION INDENT FOR CADASTRAL MAP AND PLAN File Reference Number To. Date:... ....20..... The Director of SurveYs RE: Parcel Number'.. YourRef. "'-F/R"""" Please Supply Cadastral Map/Plan(s) for: Surrender Lease Conversion Consolidation Amalgamation Extension of Lease Renewal of lease Change of User Extension of user Officer Indenting for National Land Commission. S.R.O. Name & Signature Date F/R Report Kenya Subsidiary Le gislation, 20 I 7 2685 Cadastral Map No. S.H D.O. Ch/D D/S. s.R.o. CP&CM REMARKS: FORM LA. 13 (r. 36(3)) THE LAND ACT,2OIL (to be completed in quadruplicate) Presentation Book Date received for registration: Registration Fees: Ksh. ......... paid REPUBLIC OF KENYA THE LAND ACT,2OI2 LEASE REGISTRATION UNIT: TITLE No. ........... KNow ALL PERSONS By rHESE PRESENTS rhe National Land commission behalf of the County Government. .../National Government consideration of the sum of shillings... HEREBY LEASES TO: .......... (herein after called "the lessee") ALL THAT piece of land situated in ..........comprised in the above mentioned title containing bymeasurement approximately...... ......... ..............Hect ", the said parcel of land with the dimensions, abuttals and boundaries thereof as delineatedon the plan annexed hereto and more particularly on the Cadastral plan Number ..; ... .......... ...... deposited in the office of Director of Surveys for the termor..................years from the.........day of at the annual rent of..... payable in advance on T:^!ryt day ofJanuary in each year and subject to the provisions of the Land Act No. 6 of 2or2 and the folrowing speciaiconditions: Cadastral Plan No. Data Preparation Checking Signature Blue - print Forwarded Forwarded on in 20 2686 Kenya Sub sidiary I'e gislation, 20 I 7 The land shall not be used for any purpose which the commission considers to be dangerous or offensive The Lessee shall not subdivide, change or extend use of the land, without prior written consent of the commission, the county government and any other applicable regulatory authoritY. SPECIAL CONDITIONS l. No buildings shall be erected on the land nor shall additions or external alterations be made to aiy buildings otherwise than in conformity with the^plans and specifications freuiously upp.ou"d"in writing by the commission and the county Government. The Commission ana County Gov"ernment shall not give its approval unless it is satisfied that the proposals u." ru.h as to develop the land adequately and satisfactorily. 2.Thelrssee shall within six (6) calendar months of the actual registration of the lease submit in triplicate to the tounty Government and the Commission building plans li*tuaing Uloct< plans showing the positions of the buildings and system of drainage ior the di-sposal or trr" ,"*ugel surface and sullage water), drawings, elevations and specifications of the buildin-gs the Lessee ptopot"t to erect on-the land and shall within 48 months of actual iegistrations of the lease complete the erection of such buildings and the construction-of the drainage system in-conformity with such-plans' drawinls, elevations and specifications as amended (if such be the case) by the Commission PROVTDED that notwithstanding anything to the contrary contained in or implied by the Land Act,2Ol2,lf a"furft sn-At Ue ma-<le in the performance or observance of any of the requirements of this condition it shall be lawful for the Commission or any p"rron auihorized by it on behalf of the National and County Governments to re-enter into and upon the ta'na or any part thereof in the name of the whole and thereupon the term hereby created shall cease but without prejudice-to any right of action or remedy of the Commission in respect of any uni"""d"rt breach of any conditions herein contained. 3. The Lessee shall maintain in good and substantial repair and conditions all buildings at any time erected on the land. 4. should the Lessee give notice in writing to the commission that the lessee is unable to "o pt"t" the buildings within the qgrlo! a foresaid the commission shall at the lessee,s expense u"""[, a surrender oi land comprised herein PROVIDED FURTHER that if such notice is'aforesaid shall be given (i) wittrin twelve months of the actual registration of the Lease, the commission shall refund to the lessee fifty per centum of thi stand premium pula in respect of the land or (2) at any subsequent time prior to the expiration of the siid period'to the Com mission shall refund the Lessee twenty-five pei centum of the s;id smnd premium. tn the event of notice being given after the lxpiration of the said building period no refund shall be made' 5. The land and buildings shall only be used for """""" purposes' 6. The land shall be developed in accordance with the approved development plans' 7. 8. g. TheLesseeshallnotsell,transfer,sublet,chargeorpartwithpossessionofthelandor any part thereof or any fuilding thereon "*""pt with prior conse^nt in writing of the Commission. No applilation of-such consent (ixcept in respect-of a loan required for building pu.po."ri will be considered until Special Condition No.2 has been performed. Kenya Subsidiary Le gislation, 201 7 2687 10. The Lessee shall from time to time pay to the county Government on demand suchproportion of the cost of maintaining all roads and drains serving or adjoining the land as the County Government may assess. I l. The Lessee shall pay such rates, taxes, charges, duties, assessments or outgoings of w!a1e-ve1 descriptions as may be imposed chLged or assessed uy it " co-.ission on behalf of the National and County Government upon the land or the buildings erected thereon, including any contribution or other sum paid by the Commission in lieu thereof. 12. The Commission or such person or authority as may be appointed for the purpose shall have the right ro.enter upon the land and lay and t*" u"""rs to water mainservice pipes and drains, terephone wire, fiber optic and JLtt i. mains of all descriptions whether overhead or underground and the Lessee shall not "r""t unf buildings in such a way as to cover or inierfere with any existing ulign."nt, of main or services pipes or fiber optic or telephone wires and electric rnrlrr. 13' The commission reserves the right to revise the annual ground rent payable here under at the expiration of every ten years of the term. Suclirental shall be at a rate to be determined by the Commission of the unimproved value of ttre taro as at the end of every tenth year of the term. Datedthis ...............dayof ...........................,2O xSealed with the common Seal of the Commission Signed by On behalf of National Land Commission SIGNED by the Lessee in the presence of: SIGNATURE: ID/ PASSPORT NO: Signature of the Magistrate/ or Commissioner of Oaths/or Notary Public REGISTERED this .....................day of I CERTIFY that the above-named appeared before me on the .. dayof............., 20.............. and U.ing k-nown to -"ro"ing identified bi .. .; . .:...:...:.............. ...... acknowledged the above signature or marks toDelong to the lessee and that the lessee freely and voluntarily exeJuted this instrument and understood its contents. 20.... Name Land Registrar DRAWN BY: National Land Commission ..... Signature and Number 2688 Kenya Subsidiary Le gislation, 20 I 7 P.O. Box 44417-00100 NAIROBI *Delete whichever is not applicable FORM LA. 14 (r. 36(5) NATIONAL LAND COMMISSION SUBMISSIONoFLEASEDoCUMENTToTHECHIEFLANDREGISTRAR To: The Chief Land Registrar Date... RE:........... HEREWITH find Lease Document (in triplicate) for the above mentioned parcel of land duly signed and executed by both the Lesior and the Lessee for registration purposes Registration fees of Kshs... has been paid vide Receipt No...............of.......' Signed........ For Chairman, National Land Commission. CC. Owner .'.'(please call upon the Land Registrar for collection of your Certificate of Lease). Dated the 2lst November,2OlT MOHAMED SWAZURI' C hair p e rs on, N ational l,and C ommis s ion' pErvreo eNo pusLIsHED BY THEGovERNMENT PRINTER' NAIRoBI