The Land (Amendment) Act, 2025 (No. 21 of 2025), effective on 4 November 2025, marks a deliberate shift toward procedural discipline and transparency in the management of public land in Kenya.

By amending Section 12 of the Land Act, 2012, Parliament has introduced a structured process for registering land allocated to public bodies, addressing a long-standing gap that left many public parcels unregistered and vulnerable to misuse.

Key Change

Every public body or institution allocated land by the National Land Commission (NLC) must now apply to the Registrar, as defined under the Land Registration Act, 2012, for formal registration of the allocated parcel.

The Registrar is legally required to:

• register the land;
• issue a certificate of title; and
• publish notice of the registration in the Kenya Gazette.

This requirement also extends to land reserved for public purposes by developers or land-buying companies under the Physical and Land Use Planning Act, 2019, including land set aside for schools, hospitals, and roads.

Issuance of Title

Titles will be issued as follows:

• to the incorporated public body, where applicable;
• to the Cabinet Secretary for the National Treasury as trustee, for unincorporated institutions; or
• in the name of the county government, where the land falls within devolved jurisdiction.

Practical Impact

The amendment establishes a clear, traceable, and transparent process for vesting public land. By mandating registration and gazettement, the law reduces risks associated with misuse, double allocation, and informal occupation.

It also aligns Kenya’s land registration system with planning and governance frameworks, ensuring that land reserved for public use is properly recorded and protected.

This is particularly relevant for state corporations, universities, hospitals, and county governments that hold or manage public land.

Conclusion