ADVOKS GLOBAL · KENYA
Land Act
101. Application of proceeds of sale of charged land
Edition: 2025-11-04 · In force
101. Application of proceeds of sale of charged land
The purchase money received by a chargee who has exercised the power of sale shall be applied in the following order of priority—(a)first, in payment of any rates, rents, taxes, charges or other sums owing and required to be paid on the charged land;(b)second, in discharge of any prior charge or other encumbrance subject to which the sale was made;(c)third, in payment of all costs and reasonable expenses properly incurred and incidental to the sale or any attempted sale;(d)fourth, in discharge of the sum advanced under the charge or so much of it as remains outstanding, interests, costs and all other money due under the charge, including any money advanced to a receiver in respect of the charged land under section 92; and(e)fifth, in payment of any subsequent charges in order of their priority, and the residue, if any, of the money so received shall be paid to the person who, immediately before the sale, was entitled to discharge the charge.