ANALYSIS ON PARTITIONING OF LAND IN KENYA

Land is the most viable investment to many Kenyans, most investment groups purchase it and
later split it among group members. Individual landowners also split it into smaller parcels for
agricultural, residential or commercial purposes, which they later sell to willing buyers or
transfer such properties to relatives as gifts. Partitioning is the splitting of land into two or more
portions by persons who hold the land as proprietors in equal or unequal undivided shares.

Partitioning of land also happens where land that is held jointly (whether as joint tenants or
tenants in common) is transferred to one or more of the co-owners of the land. It involves the
disposal by each co-owner of their interest in one of the blocks to the other co-owner, and a
corresponding acquisition by each co-owner from the other co-owner of their interest in the land.
This means that no transfer transaction of land is involved unless the co-owners opt for
subdivision with a view to dispose of part of the land to a person who is not a co-owner. A
partition may occur by express agreement between the parties or by Court order.1

A tenancy in common may be determined by partition. The legal term 'partition' is applied to the
division of land, tenements and hereditaments belonging to co-owners and the allotment among
them of the parts so as to put an end to community of ownership between some or all of them.” 2
Section 94 of Land Registration Act, provides that one of the owners in common can apply for
partition and there is no corresponding provision for severance of joint proprietorship. However,
the Plaintiff/ Applicant has not pinpointed the errors apparent on the face of the record.3

The Registrar has to witness and certify the proposed partition before further transaction like
demarcation and issuance of title deed is concluded. This is where the co-owners have agreed on
the mode of splitting the land to be partitioning.

THE PROCESS OF PARTITIONING LAND IN KENYA

STEP 1
● Consult a physical planner for the partitioning then seek the county governments’
consent.
● Commission a surveyor to approve the proposed partitioning.

1 Tax & Duty considerations on land partitioning and subdivision, https://www.quinns.com.au/blog/tax-duty-

considerations-on-land-partitioning-and-subdivision/#:~:text=A%20partition%20may%20occur%20by,an
%20existing%20block%20of%20land.&text=The%20subdivision%20itself%20will%20not,Gains%20Tax
%20(CGT)%20event.
2 Environment and Land Case No. 235 of 2018.
3 Samuel Uiru v George Mburu [2021] eKLR.

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STEP 2
● If the land serves as a loan collateral, the bank’s consent must be sought.
● If the bank declines, the partitioning process halts.

STEP 3
● Fill the Partitioning Form LRA-29.

STEP 4
● Submit all the above documents and the certificate of the title deed to the registrar.

STEP 5
● Registrar notices the parties to a hearing using Form LRA-31.
● Both parties are expected to appear physically for a hearing and approval of the
partitioning.

STEP 6
● The registrar then issues titles for the new piece of land.

It is important to note that the court may also order a partition upon which the same process will
be followed, but different forms ;Form LRA-32 and Form LRA-30 will be filled.

The Land Registration (General) Regulations, 2017 Arrangement of Regulations ; The Land
Registration Act (No.3 of 2012), provides for the procedure for partitioning of land in Kenya
under Part V, sections 45- 47. The sections provide as follows:

45.(l) A tenant in common may apply for partition of land held in common under section 94(l) of
the Act, in Form LRA 29 set out in the Sixth Schedule.

(2) An application in (l) shall be supported by-

(a) the certificate of title or the certificate of lease of the parcel being partitioned;

(b) cadastral map for the partition;

(c) cadastral plan for each resultant parcel, for parcels with fixed boundaries;
(d) any consent required for the partition;

(e) copy of the registered Mutation in Form LP.A 27 set out in the Sixth Schedule;

(0 copy of approval of development application from the relevant County Government for the
partition; and

(g) any other document required under any written law.

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46.(l) An application for partition of land owned in common without the consent of the tenants in
common, under section 94(2) of the Act, shall be made in Form LRA 30 set out in the Sixth
Schedule.

(2) Upon receiving an application under paragraph (l), the Registrar shall issue a notice of
hearing to all the tenants in Form LRA 3l set out in the Sixth Schedule.

(3) The order by the Registrar made pursuant to the hearing under this regulation shall set out the
reasons for the decision.

(a) The decision made under paragraph (3) shall grant an aggrieved party leave to apply for
judicial review.

(5) An instrument affecting an interest in land, which is the subject of the application, shall not
be considered for registration until the expiry of twenty one days from the date of making the
order under paragraph (3).

47. The consent of a chargee to partition land under section 97(l) of the Act shall be in Form
LRA 32 set out in the Sixth Schedule.4

The following is the application form depicted in the sixth schedule.

Form LRA-29

(r. 45(1))

REPUBLIC OF KENYA THE LAND REGISTRATION ACT

THE LAND REGISTRATION (GENERAL) REGULATIONS, 2017

Date Received .....................

Date Instrument

Presentation Book Official Fees Paid No...................... Kshs.

APPLICATION FOR PARTITION

TITLE NUMBER:............................................................

of

Proprietor 1. 2. 3

4 The Land Registration (General) Regulations, 2017 Arrangement of Regulations ; The Land Registration Act
(No.3 of 2012).

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 (s)*

1. This Application is made by the above noted registered Proprietors of the land
comprised in the above-mentioned Title.

2. The Proprietors HEREBY APPLY for the land to be partitioned in the following
manner: *** Cadastral Plan Parcel Number Area Proprietor

Number (approximately)

Dated this ........................ day of ..............................20..............

EXECUTION

SIGNED by the Proprietor

in the presence of:- ID/No........................................ PIN
No...................................... Signature...................................

Coloured Photograph

Certificate of Verification

I CERTIFY that the above-named ......................................... appeared before me on

the ............... day of ......................... 20...... and being known to me/being identified
by*.................................... of .............................. acknowledge the above signatures or marks
to be his/hers/theirs and that he/she /they had freely and voluntarily executed this
instrument and understood its contents.

............................................. Signature and Designation of

Person Certifying**

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 SIGNED by the Proprietor
in the ID/No....................... PIN No......................
presence of:- Signature....................

Coloured Photograph

Certificate of Verification

I CERTIFY that the above-named ......................................... appeared before me on

the ................ day of ....................... 20...... and being known to me/being identified
by*................................... of .............................. acknowledge the above signatures or marks
to be his/hers /theirs and that he/she/they had freely and voluntarily executed this
instrument and understood its contents.

............................................. Signature and Designation of

Person Certifying**

REGISTERED and SEALED dated the .........................20............

Seal...........................................................

LAND REGISTRAR

Name:.......................................... Registrar’s Stamp/ No............

Signature:.................................................
DRAWN BY:

Notes:

*Give details of all the proprietors : name; PIN; ID/Passport No.; and Address
**Delete whichever is not applicable.
***The person attesting the signature must authenticate the coloured passport size
photograph, National ID Number and Tax PIN Number.”
**** Attach a Cadastral Map and a Cadastral Plan.