LEGAL ANALYSIS OF THE LAND ALLOCATION & TITLING PROCESS

Introduction 

This process generally applies to land owned by the government or public institutions, especially in urban areas, and where no title exists yet. It involves a step-by-step procedure involving planning, surveying, deed preparation, and final registration of a leasehold interest.

1. Preparation of a Part Development Plan (PDP)

• First Step: Determine whether a Part Development Plan (PDP) has already been prepared for the land.
• A PDP is a planning document that indicates the intended use of the land — e.g., residential, commercial, public purpose, etc.
• It also outlines parcel boundaries, road reserves, plot sizes, and infrastructure plans.
• If no PDP exists:
• One must be prepared by a licensed Physical Planner at the County Government level.
• The draft PDP is then submitted to the Director of Physical Planning at the Ministry of Lands (National Government) for approval.
• Once approved, it becomes a legal framework for subsequent surveying and registration steps.

v  Legal Basis: Physical Planning Act (repealed, but still guides practice under transition); current framework is under the Physical and Land Use Planning Act, 2019.

2. Survey and Preparation of Cadastral File

• After PDP approval, a survey is carried out by a licensed land surveyor.
• The surveyor prepares:
• A survey plan (with precise measurements and coordinates of the parcel).
• A cadastral file, which includes the survey plan, beacon certificates, and computation sheets.
• These documents are submitted to the Director of Surveys at the Survey of Kenya for:
• Authentication and verification, to ensure the survey is accurate and compliant.
• Approval of survey plan, which becomes part of national mapping records.
• At this stage, “checking fees” must be paid for the authentication process.

 

v  Legal Basis: Land Registration Act, 2012; Survey Act (Cap 299).

3. Indenting by the Director of Land Administration

• Once the survey is approved, the documents are forwarded to the Director of Land Administration (formerly Commissioner of Lands) for "indenting."
• Indenting is a process where the Director checks:
• That the surveyed land does not overlap with any existing parcels.
• That the land is available for allocation and free of any encumbrances or claims.
• It serves as a final internal check before deed plans are issued and the lease prepared.

4. Preparation and Approval of Deed Plans

• Based on the approved survey, the Director of Surveys prepares a Deed Plan for each parcel.
• A Deed Plan is a legal diagram showing:
• The plot boundaries,
• Total acreage/size,
• Georeferencing coordinates.
• Once approved, the Deed Plan becomes a registrable instrument.
• An Advocate (or legal representative) may now submit a request to the Director of Land Administration to prepare a lease document using the approved Deed Plan.

v  Deed Plan is mandatory for leasehold title registration.

5. Execution and Registration of the Lease Document

• The Lease Document is prepared by the Ministry of Lands (Director of Land Administration), detailing:
• The terms of the lease (usually 99 or 33 years),
• The lessee’s rights and obligations,
• Rent payable (if any),
• Any user restrictions.
• Once prepared:
• The lease is executed (signed) by both the government (lessor) and the allottee (lessee).
• The signed lease is then registered at the relevant Land Registry where the land is located.
• A Certificate of Lease (also referred to as the Title Deed for leasehold property) is issued in the lessee’s name.

Legal Basis:

• Land Act, 2012
• Land Registration Act, 2012
• Land (Allocation of Public Land) Regulations, 2017
• Constitution of Kenya, 2010 – Article 62 (on public land)

 Summary of Key Institutions Involved

Step	Institution/Office
PDP preparation	County Physical Planning Department
PDP approval	Director of Physical Planning (Ministry of Lands)
Survey & Cadastral file	Licensed Surveyor + Survey of Kenya
Indenting	Director of Land Administration
Deed Plan approval	Director of Surveys
Lease preparation	Director of Land Administration
Registration	Land Registry (Ministry of Lands)

 

Final Notes:

• This process may take several months to years, depending on:
• Complexity of the land allocation,
• Government processing times,
• Availability of complete documentation.
• Proper due diligence and following the correct administrative hierarchy is crucial.
• It is advisable to engage a licensed surveyor, registered physical planner, and a qualified advocate throughout the process.

Disclaimer: This article is intended for general information purposes only and should not be construed as legal advice.