AGADVOKS GLOBALKENYA · ENGLISH
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Land Act

82. Tacking

Edition: 2025-11-04 · In force

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82. Tacking

(1)Subject to the provisions of this Act, chargee may make provision in the charge instrument to give further advances or credit to the chargor on a current or continuing account.
(2)A further advance referred to in subsection (1) shall not rank in priority to any subsequent charge unless—
(a)the provision for further advances is noted in the register in which the charge is registered; or
(b)the subsequent chargee has consented in writing to the priority of the further advance.
(3)Except as provided for in this section there is no right to tack.
(4)Where a charge provides for the payment for a principal sum by way of installments, the payment of those installments shall not be taken to be a further advance.[Act No. 28 of 2016, s. 63.]
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Source: Kenya Law