The Land (Amendment) Act, 2025 (No. 21 of 2025), which will be effective on 4th November 2025, marks a deliberate move towards 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 coherent process for the registration of land allocated to public bodies, resolving a long-standing gap that had left many public parcels unregistered and exposed 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 registration of the allocated parcel. The Registrar is legally bound to register the land, issue a certificate of title, and publish a notice of the registration in the Kenya Gazette.
This requirement extends to land set aside by developers or land-buying companies for public purposes under the Physical and Land Use Planning Act, 2019, such as parcels earmarked for schools, hospitals, and roads.
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 prevents the misuse, double allocation, and informal occupation of public property. It also aligns Kenya’s land registration system with planning and governance requirements, ensuring that land reserved for public use is properly recorded and protected.
Institutions that hold, manage, or have been allocated public land, particularly state corporations, universities, hospitals, and county governments, should now undertake immediate audits of their land portfolios. Unregistered allocations should be submitted for registration to comply with the new statutory procedure.
Conclusion
In sum, the Land (Amendment) Act, 2025 transforms land registration from a technical step into a governance imperative. Public entities should move promptly to formalize their allocations, secure titles, and ensure gazettement in compliance with the Act.
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