ADVOKS GLOBAL · KENYA
Land Act
85. Right to discharge
Edition: 2025-11-04 · In force
85. Right to discharge
(1)Subject to the provisions of this section, the chargor shall, upon payment of all money secured by a charge and the performance of all other conditions and obligations under the charge, be entitled to discharge the charge at any time before the charged land has been sold by the chargee or a receiver under the power of sale.(2)Any agreement or provision in a charge instrument that is inconsistent with subsection (1) shall be void to the extent that it—(a)purports to deprive the chargor of the right to discharge;(b)seeks to fetter the exercise of this right; or(c)stipulates for a collateral advantage that is unfair and unconscionable or inconsistent with the right to discharge.(3)A chargee may provide, in a charge instrument, that a chargor who wishes to exercise the right to discharge the charge at any time before the expiry of the term of the charge—(a)shall give one month’s notice of the intention to discharge; or(b)shall pay not more than one month’s interest at the rate at which interest is payable on the principal sum secured by the charge or at any lesser rate which may be agreed, as well as paying all other money secured by the charge.(4)A discharge of the whole or a part of a charge shall be as prescribed under this Act or any other law.(5)For the avoidance of doubt, a discharge includes a re-conveyance and a re-assignment of charge or any other instrument used in extinguishing of interests in land conferred by charges.