Law & Regulation
Land Registration Act, 2012
The Land Registration Act establishes Kenya's framework for registration of title, interests and dealings in land. It governs the register, registrable dispositions, priority, cautions/restrictions and correction of the record, thereby supplying the publicity and evidential layer for land transactions and land security.
Legal Significance
What This Instrument Does
It organises land-registration units and registries, provides for the land register and title documents, determines the effect and priority of registered interests, and regulates registration of transfers, leases, charges and other dealings. It complements the Land Act's substantive land and charge rules.
Why It Matters
Project parties and lenders need evidence that the project company holds the expected site interest and that leases, easements and charges are correctly registered and ranked. A valid contract or charge instrument may not deliver the expected proprietary outcome without compliant registration and registry due diligence.
Key Provisions
- Land register and registration units
Creates the authoritative record architecture for interests in land.
- First registration and title evidence
Establishes the registered proprietor's recorded interest, subject to the Act and recognised overriding interests.
- Effect of registration
Explains the legal consequences of being entered as proprietor or interest holder.
- Overriding interests
Identifies interests that may affect land despite not appearing in the register, making physical and legal diligence necessary.
- Priority
Generally organises competing registered interests by the applicable statutory rules and timing.
- Transfers and leases
Provides the registration mechanics for core project-site dispositions.
- Charges
Records immovable-property security and supports priority/publicity alongside the Land Act's substantive regime.
- Easements and analogous rights
Supports access, utilities and corridors where the relevant interest is registrable.
- Cautions, restrictions and inhibitions
Protect asserted interests or constrain dealings pending resolution.
- Co-ownership and trusts
Affects authority to transact and the nature of the registered holding.
- Rectification and indemnity
Addresses errors or fraud in the register subject to statutory safeguards.
- Searches, instruments and registry process
Supplies core diligence and completion mechanics.
When You Would Use This
Verifying title
Registering an acquisition or lease
Perfecting a land charge
Reviewing priority
Identifying restrictions or overriding interests
Securing access rights
Completing land-related conditions precedent
InfraLex Relevance
Primary / Framework for Land and a complementary Primary for Security / Collateral only in relation to land-registration, charge-publicity and priority functions. It should be read with the Land Act, not treated as a substitute for it.
Legal Framework Position
- Land / Real Estate / Land UsePrimary / Framework Instrument
- Security / CollateralPrimary / Framework Instrument
Related / Implementing Instruments
Instrument Overview
- Official Citation
- Act No. 3 of 2012
- Instrument Type
- Law / Act
- Source Language
- English
- Last Verified
- 6 September 2026