ADVOKS GLOBAL · KENYA
Land Act
147. Power of Registrar with respect to public right of way
Edition: 2025-11-04 · In force
147. Power of Registrar with respect to public right of way
(1)If the Cabinet Secretary has made an order to create a public right of way the Commission shall cause all the necessary documents, plans, demarcations and surveys of the route of that public right of way to be delivered to the Registrar to enable the registrar to exercise the powers under this section.(2)On receipt of the information referred to in subsection (1), the Registrar after the expiry of the time allowed in section 146(6)(e) to appeal against the order of the Cabinet Secretary shall, take any necessary, desirable or prescribed action which the Registrar may consider necessary and desirable or which may be prescribed—(a)to cause to be recorded, in such forms as may be prescribed, the route of the public right of way on any certificate of title or certificate of lease or other document of title held in any office of the land registry having reference to land over which the public right of way has been created; and(b)to cause to be delivered to the Registrar all certificates of occupancy having reference to land over which the public right of way has been created held by—(i)persons occupying such land under such right of occupying; or(ii)by any lender of money secured by a charge or lien who is holding that certificate of occupancy as part of the security for that loan, so as to amend that certificate of occupancy by recording the route of the public right of way on that certificate of occupancy.