Section 107 of Land Registration Act 2012: Savings and transitional provisions with respect to rights, actions, dispositions

(1) Unless the contrary is specifically provided for in this Act, any right, interest, title, power, or obligation acquired, accrued, established, coming into force or exercisable before the commencement of this Act shall continue to be governed by the law applicable to it immediately prior to the commencement of this Act.
(2) Unless the contrary is specifically provided for in this Act or the circumstances are such that the contrary must be presumed to be the case, where any step has been taken to create, acquire, assign, transfer, or otherwise execute a disposition, any such transaction shall be continued in accordance with the law applicable to it immediately prior to the commencement of this Act.
(3) For the avoidance of doubt, any lease granted to a noncitizen shall not exceed ninety-nine years.
(4) An instrument executed before the commencement of this Act whereby any disposition permitted under this Act is completed may be presented for registration in the prescribed register and"
(a) the question whether any instrument so presented is to be registered shall be determined by the Registrar by reference to the law in force at the time of its execution; and
(b) subject to the provisions of paragraph (a), the provisions of this Act shall apply to that instrument as if it had been executed after the commencement of this Act.
(5) If any step has been taken to forfeit a lease or to foreclose a charge before the effective date, a court may, if it considers it just and reasonable so to do, on and after the effective date, on the application of the lessee or, as the case may be, the borrower to issue an injunction to the lessor or, as the case may be, the borrower to issue an injunction to the lessor or, as the case may be, the lender to stop the continuation of any such step and where a court has issued an injunction under this subsection, the lessor or lender to whom the injunction has been issued may commence any action under this Act to terminate that lease or bring that charge to an end.

Disclaimer: This document is not to be taken as legal advice.
LPMS Logo

πŸ§‘β€βš–οΈ Manage Your Law Firm Better with SheriaPlex LPMS

Our powerful Legal Practice Management System is designed specifically for law firms in Kenya. Track cases, manage clients, generate invoices, handle tasks, and more β€” all in one secure, cloud-based platform.

  • πŸ“ Case & Matter Management
  • πŸ’Ό Client Profiles & Billing
  • 🧾 Invoicing & Payment Tracking
  • πŸ“Š Analytics Dashboard
  • πŸ”’ Secure & Multi-User Access
Learn More

Cited By:

More Sections

Section 108 - Saving and transitional provisions with respect to rules, orders, regulations, directions, notices forms, notifications orders e.t.c.

Until the Cabinet Secretary makes the regulations contemplated under section 110, any rules, or other administrative acts made, given, issued or undertaken before the commencement of this Act under...

Section 109 - Repeals

The written laws set out in the Schedule are repealed.

Section 110 - Regulations

1) The Cabinet Secretary shall make regulations prescribing anything which may be prescribed under this Act generally and for the better carrying into effect the purposes and provisions of this Act...

Back to Kenya Acts