The Government of Kenya intends to increase the fees payable for various land transactions. The primary objective is to amend the existing statutory instruments that govern fees payable for various categories of services offered under the Ministry of Lands. The fee adjustments are contained in Legal Notices enacted pursuant to the Statutory Instruments Act, No. 23 of 2013, and are yet to be gazetted. In line with the draft regulatory impact statement prepared by the Ministry of Lands in October 2023, the general public and stakeholders have until 24 November 2023 to make their presentations and comments on the proposed amendments to the following regulations which include:
- The Survey Regulations, 1994;
- The Land Adjudication Regulations, 1970;
- The Community Land Regulations, 2017;
- The Physical and Land Use Planning (Planning Fees) Regulations, 2021;
- The Valuers (Forms and Fees) Rules, 1987; and
- The Land Regulations, 2017.
Notably, the Land Registration (General) Regulations, 2017 are amended to introduce the following revised fees and charges:
Further to this, the Association of Real Estate Stakeholders have petitioned the High Court to suspend the increased levies on land transactions. ENS | Kenya continues to monitor this and will provide an update once the regulations are gazetted.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
