Extension of Leasehold titles under Kenyan Law

In Kenya, land/immovable property can be registered under three registration regimes viz:-
(a) The Government Lands Act, Chapter 280 of the Laws of Kenya;
(b) The Registration of Titles Act, Chapter 281 of the Laws of Kenya; and
(c) The Registered Lands Act, Chapter 300 of the Laws of Kenya.
Unlike freehold titles, leaseholds titles are issued or granted a limited period of time, usually referred to a the term and this may be 33 years, 50 years or 99 years. When the term for which a leasehold title is issued expires, the land therein comprised in supposed to revert to the state/Government of Kenya or the relevant local authority, after which is available for appropriation to another use or person.
It is usually the case that when one has be granted a leasehold interest; he or she would want to renew the leasehold title after expiry of the initial term, and especially when he/she has developed the land, so that he can recoup his/her investment. To avoid one being caught unaware, the registered proprietor of land or his agent should acquaint himself of the terms and conditions under which the land is held and should keep a record of the expected expiry date of his leasehold interest. Where one intends to renew his leasehold title, he should commence the renewal process interest at least 3-5 years before expiry of the initial term.
Below in the Process of for the renewal of a Leasehold Interest Granted by the Government of Kenya
1. Application to Commissioner of Lands
To initiate the process, the client should engage a qualified advocate or land consultant to assist him in the process. The latter should begin the process by making a formal application to the Commissioner of Lands on behalf the client in which he should request for an extension of the leasehold tile for a further term. Generally, the client will be required to have complied with the terms and conditions of his leasehold title to qualify for an extension of his leasehold title.
Once the Commissioner of Lands has received the application letter, the same is assigned to a specific land officer at the Lands Office, who is supposed to deal with the application.
2. Approval from the relevant Government Departments
The attending land officer attend to the application by first circulate the application to various Government Departments to notify them of the same and to seek their views on the same.
These departments includes:-
(a) relevant local authority;
(b) Director of City Planning; and
(c) Director of Surveys.
Once the requisite approvals have been granted by the above mentioned Departments to the Lands Office, the Commissioner of Lands through the relevant land officer will then issue the applicant with formal letter of acceptance of the renewal application, and his is usually subject to the following conditions being fulfilled:-
(i) Submission of a new Deed Plan of the Property;
(ii) Payment of approval and conveyance fees;
(iii) Surrender of the existing title in exchange of a new grant/title with the extended term;
(iv) Submission of copies of the approved development plans in respect of the existing buildings on the Property; and
(v) New revised land rent and rates etc.
The new Deed Plan for the Property must be prepared by a duly licensed survey and thereafter approved by the Director of Survey, who is based at Survey Department, at Ruaraka. We normally arrange and facilitate this process on behalf of our clients.

3. Issue of new Grant
Upon receipt of the new deed plan of the Property, the following documents are supposed to forwarded to the Commissioner of Lands to enable the issuance of the new Grant/title:-
(a) A duly executed surrender of the original title to the Government;
(b) The original title for the leasehold title;
(c) A banker's cheque for the necessary payments stated in number 2 above;
(d) The new approved Deed Plan for the Property.
The Commissioner of Lands will then cause the Grant to be prepared and this together with the new deed plan for the property (usually annexed thereto) are forwarded to the Director of Surveys for verification and recording. After this process, these documents are returned to the Lands office for registration and thereafter collection by the applicant.
4. Registration of the Replacement Charge
If the property is mortgaged or charged to a financier institution ton secure some banking facilities, the property should be discharge before it is surrender to the Government in substitution of a new grant/title. Most banks will be agreeable to such discharges and renewal provided that the registered owner of the property agrees to creation and registration a replacement mortgage or charge in their favour upon the issuance of a new grant/title.
5. Time Frame
In my experience, the process for an extension of leasehold titles takes about 3-7 months.
Kindly do not hesitate to contact me via mainacy@gmail.com in the event that you require further information or clarification.