Land Amalgamation in Kenya

In the event the land attract Land rates or Land rents, the ordeal can prove to be expensive in the long run. Therefore Amalgamation on way to convenience and cost effectively method to land management where the subject land is adjacent to each other.

Land amalgamation in Kenya refers to the legal process of combining two or more contiguous parcels of land into a single parcel under one title.

This process is governed by multiple statutes that ensure it adheres to legal, planning, and environmental requirements.

Key Legal Frameworks

The main regulatory law is the Land Registration Act, 2012 (No. 3 of 2012), Section 22 allows for the combination of adjoining parcels owned by the same proprietor, provided the parcels share identical rights and obligations. The Registrar verifies the cadastral map, closes the old registers, and opens a new register for the combined parcel.

Under the Physical and Land Use Planning Act, 2019, Amalgamation must align with the County Integrated Development Plan (CIDP) and applicable zoning regulations. Applications for amalgamation require approval from the relevant County Physical Planning Authority.

Section 6 Land Control Act, Cap 302, through regulation, mandates consent from the Land Control Board (LCB) for the amalgamation of agricultural land. Applications must be made within six months of initiating the amalgamation.

Similarly, the Survey Act, Cap 299, to aid in the establishment of boundary, a licensed surveyor prepares a new boundary plan, which is then authenticated by the Director of Surveys.

Environmental Management and Coordination Act (EMCA), 1999 as in Section 58 requires an Environmental Impact Assessment (EIA) for amalgamations that lead to significant land-use changes, such as large-scale developments. Such as from residential use to commercials use and or vice versa.

Practical Steps in Land Amalgamation

Ownership Verification: All parcels must belong to the same owner and be free of encumbrances like mortgages or leases.

Survey and Mapping: A new survey plan must be prepared and approved by the Director of Surveys.

Applications and Approvals: Submit the application to the Registrar of Lands, along with ownership documents, survey plans, and necessary consents (e.g., LCB consent for agricultural land).

Issuance of New Title: The Registrar closes the old registers and issues a single title for the amalgamated parcel.

Challenges and Considerations

Encumbrances: Existing liens or charges must be resolved before amalgamation.

Compliance with Land Use Plans: The amalgamation must align with zoning regulations and CIDPs.

Environmental Approvals: Projects involving significant land-use changes require NEMA approval under EMCA.

By following these legal and procedural steps, landowners in Kenya can successfully amalgamate their parcels in compliance with the law, ensuring streamlined ownership and proper land use.