Further to our previous alert dated 31 January 2018, here, Parliament has now given its requisite approval to new land regulations, new conveyancing forms and new form of titles.
On 27 April 2018, following Parliamentary approval, the Cabinet Secretary (CS) of the Ministry of Lands and Physical Planning issued a press statement to the effect that the new regulations are in force with immediate effect. Therefore, the new forms need to be used in conveyancing transactions with immediate effect. The implication of using old conveyancing forms that had already been executed and/or where stamp duty had been paid prior to 27 April 2018 is unclear. We expect that the CS will provide clarity in the coming days.
To dispel any doubt that may have arisen from a High Court decision in December 2016 on validity of titles, the press statement also provides an important assurance to the public that all titles issued after the year 2013 remain valid.
The Community Land Act Regulations are pending Parliamentary approval.
Click here to read the full press statement on the status of regulations to operationalise the respective lands laws from the Ministry of Lands and Physical Planning.
|Mona K. Doshi
|Caroline N. Karugu