ADVOKS GLOBAL · KENYA
Land Act
41. Procedure for obtaining order for possession
Edition: 2025-11-04 · In force
41. Procedure for obtaining order for possession
(1)A vendor who proposes to seek to regain possession of private land under section 39, shall serve a notice on the purchaser which shall inform the purchaser—(a)of the nature and extent of the breach complained of by the vendor;(b)whether the vendor considers that the breach is capable of being remedied by the payment of a stated amount of money owing under the contract;(c)whether the vendor considers that the breach is capable of being remedied by the purchaser doing or desisting from doing anything or paying reasonable compensation or both, and of the thing that the purchaser must do or desist from doing or the amount of compensation that shall be paid or both to remedy the breach and the time, being not less than thirty days, within which the actions referred to in this paragraph must be completed;(d)of the period within which the purchaser must remedy the breach, if the vendor considers that the breach is capable of being remedied; and(e)of the consequence where the purchaser fails to remedy the breach or if the vendor does not consider that the breach can be remedied, the vendor may seek an order from the court to possess the land and rescind the contract.(2)The fact that the notice served under subsection (1) does not comply in every particular with the provisions of subsection (1) shall not—(a)render it invalid so long as the purport of the notice is clear; or(b)absolve the purchaser from the consequences of not responding to the notice.