Ministry of Lands headquarters at Ardhi House in Nairobi in mid March 2015.
The government’s plan to increase land transaction fees in proposed regulations has been thwarted by a parliamentary committee after it was adjudged unreasonable and punitive and also for want of public participation.
The Senate Delegated Committee observed that a majority of the fees proposed in the regulations are inconsistent with the Constitution and the Land Act, which provides that land fees be calculated as a percentage of the land’s value.
The Ministry of Lands had published three statutory instruments — Physical and Land Use Planning (Planning Fees) (Amendment) Regulations, 2024, the Land (Amendment) Regulations, 2024 and the Land Registration (General) (Amendment) Regulations, 2024.
The annulled regulations proposed to increase charges for court attendances and consultancies in all matters related to land, approval fees on applications for land alienations, change of user, extension of user, application for allocation of public land, attending court, approval of sectional plans among other charges. However, the committee in a report to the House recommended the annulment of the three instruments whose enactment and subsequent implementation, the MPs said, would have precipitated hikes in land transaction fees.
The report that was tabled in the House on Tuesday last week specifically faults former Lands Cabinet Secretary Alice Wahome for ignoring public views when drafting the regulations.
The committee chaired by Tharaka-Nithi Senator Mwenda Gataya noted that the levies are specified as fixed amounts and that the regulations exceed the powers conferred by section 154 (2) of the Land Act, “and do not align with the Statutory Instruments Act and Article 94 (6) of the Constitution.”
“Approval fees should be raised to a reasonable sum that considers the value and size of the land in question,” the committee said.
Restrictive agreement
For instance, the regulations had proposed to double the application for official search from Sh500 to Sh1,000.
The application for preparation of a surrender of lease, discharge of charge, release of easement, release of profit or lease of restrictive agreement, application to server a joint proprietorship, application for partition, notice of revocation of power of attorney or a caution had more than tripled from Sh3,000 to Sh10, 000.
The proposed regulations also introduced a charge for the application for certified copies of the proceedings arising from the determination of the Land Registrar or Chief Land Registrar.
According to the Land Registration (General) (Amendment) Regulations, 2024, Kenyans had been proposed to pay Sh1,000 for the first 10 pages of the proceedings and thereafter Sh100 for each additional page.
While the land registrars are under an obligation to offer professional advice on any registration matters to the public at no cost, the regulations were proposing to change this and introduce a charge of Sh3,000.
The Physical and Land Use Planning (Planning Fees) (Amendment) Regulations, 2024 had proposed to introduce Sh3,000 in charges for land experts for attending court sessions on their behalf for a day or less than a day.
The committee noted that the CS was unable to demonstrate whether feedback from stakeholders was considered.
“The committee observed that public participation was not qualitative and was therefore contrary to Article 10 of the Constitution.”
