ADVOKS GLOBAL · KENYA
Land Act
13. Lessee pre-emptive rights to allocation
Edition: 2025-11-04 · In force
13. Lessee pre-emptive rights to allocation
(1)Before the expiry of the leasehold tenure, the Commission shall—(a)within five years, notify the lessee, by registered mail, of the date of expiry of the lease and inform the lessee of his or her pre-emptive right to allocation of the land upon application, provided that such lessee is a Kenyan citizen and that the land is not required by the national or county government for public purposes; and(b)if within one year the lessee shall not have responded to the notification, publish the notification in one newspaper of nationwide circulation.(1A)Where a lease is not granted after an application under subsection (1), the Commission shall give the lessee the reasons for granting the lease, in writing.(2)The Commission may make rules for the better carrying out the provisions of this section, and without prejudice to the generality of the foregoing, the rules may provide for the following—(a)prescribing the procedures for applying for extension of leases before their expiry;(b)prescribing the factors to be considered by the Commission in determining whether to extend the tenure of the lease or re-allocate the land to the lessee;(c)the stand premium and or the annual rent to be paid by the lessee in consideration of extension of the lease or re-allocation of the land;(d)other covenants and conditions to be observed by the lessee.