The Guidelines for renewal and extension of leases seek to inform the relevant government agencies such as the Ministry of Lands and Physical Planning, County Governments and National Land Commission, lessees, professionals and other relevant persons, on the procedures relating to the extension and renewal of leases.
The Guidelines are anchored on Section 13 of the Land Act, which makes provision for Lessee’s pre-emptive rights to allocation.
The Guidelines were developed by the Ministry of Lands and Physical Planning in consultation with the National Land Commission, vide Gazette Notice No. 5734 dated 9th June, 2017.
APPLICATION FOR AND APPROVAL OF EXTENSION OF LEASES
Notice of Renewal
The National Land Commission is required to notify a person to whom a lease (lessee) is granted by registered mail, five (5) years before expiry of the leasehold that the lease is about to expire. The notice indicates the date of expiry and notifies the lessee of their pre-emptive right to apply for extension.
In cases where the lessee does not respond to the notice within one year, the Commission shall publish the notice on two newspapers of wide circulation.
Consequences of not applying for renewal of leases
The Guidelines outline the consequences of not applying for renewal of leases to include forfeiture of the preemptive right over the land and the automatic reversion to the National or County Government.
Procedure for Extension
The procedure for application for extension involves;
The Commission shall have and operate a serialized register where such applications shall be registered.
Factors for consideration in granting a Lease to citizen or non-citizen
The factors outlined in the Guidelines to be considered by the National or County Government in processing of an application for extension of leases for a lessee who is a citizen or a non-citizen are:
RECOMMENDATION FOR APPROVAL OF EXTENSION OF LEASE
The National and County Governments, before approving the extension, are required to seek recommendations from the following officials; The County Executive Committee Member responsible for land; The County Government Surveyor; The County Government Physical Planner; The Land Administration Officer of the Commission; and Any other relevant authority.
Upon receipt of the recommendations, the National or County Government may;
REJECTION OF APPLICATION TO EXTEND A LEASE
Notice of non-extension of lease
The National or County Government is required in cases of non-extension of leases to give the lease holder notice of at least three (3) years before the expiry of the lease, and a copy of the same issued to the Land Commission
Grounds for rejection
The National or County Government may reject to extend a lease on grounds of; use for public purpose and, if the land is included in the County Spatial Plan and Cities Urban Area Plans as provided for under the County Governments Act, 2012 and the Urban Arears and Cities Act, 2011 or where there is proof that the lessee has not complied with the terms of the existing lease.
Upon notification of the rejection to extend the lease:-
APPEAL ON REJECTION OF EXTENSION
Where the National or County Government declines to grant an extension of lease, the aggrieved party may lodge an appeal with the Commission Appeals Committee.
Appeals are to be heard at the respective counties in the office of the Executive Committee Member in charge of Land at the County level.
RENEWAL OF LEASES