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LEASEHOLD TITLES IN KENYA: TIME’S TICKING FOR RENEWAL & EXTENSIONS

🏠 Do you own property in Nairobi under a leasehold title with 5 years or less remaining—or already expired?

The National Land Commission (NLC) has recently issued a crucial public notice,(Sunday Nation June 22, 2025), concerning the extension and renewal of leases. This public announcement is a significant development for property owners in Nairobi City County holding leasehold interests, particularly those with five years or less remaining on their leases, or those whose leases have already expired and wish to apply for renewal or extension. 

This article provides an overview of the NLC’s notice, highlighting the application procedures and requirements for both lease extensions and renewals, emphasizing the importance for property owners to act diligently to avoid being disenfranchised

  1. What is the difference between Extension and Renewal of Leases?

Renewal of lease-  is the process of applying for grant of a new lease after the lease term has expired. The application is made when the term of lease has expired.

Extension of Lease-  is the process of applying for a new lease before the expiry of the current lease term.The application is made during the subsistence of the lease term. 

  1. Who should apply for an extension or renewal of Lease?

Lessees should seek renewal or extension of leases as the lease term approaches its end. Lessees hold a Certificate of Lease or a Certificate of Title as a document of ownership of property either from the County Government or from the National Government.

The National Land Commission (NLC) notifies Lessees about the impending expiration of their leases and their pre-emptive right to apply for renewal to submit their applications. 

  1. How long does it take for my lease to be renewed or extended?

Around 120 days (4 months). After the NLC receives the application, within 7 days they submit the application to the relevant authority, County government or National government, who are supposed to consider the application within ninety days. After 90 days, they notify the NLC of their decision and the NLC then notifies the applicant within 7 days. 

  1. My lease is about to expire, where do I lodge my application?

You lodge your application to the National Land Commission in the prescribed form. For extension of leases, apply using Form LA 22 and for Renewal of Leases Form LA 23.

  1. Do I require a lawyer to help me lodge my application?

Yes. You require a lawyer to help you lodge your application. At Waithira M. & Co. Advocates, we guide you through the process, help you collate the documents and help you lodge the documents at the National Land Commission. After lodging the application, we follow up with the National Land Commission through the channels of communication available. 

  1. What documents do I require for the application process?

In addition to the prescribed forms, applicants need the following documents:

  1.  Current Official Search;
  2. Certified Copy of the Title/Lease;
  3. Certified Copy of the National Identity Card (ID) for the current leaseholder;
  4. Copy of the Kenya Revenue Authority Personal Identification Number (KRA PIN);
  5. Confirmation of grant where succession has been undertaken;
  6. A colour passport sized photograph of the leaseholder;
  7. Certificate of Incorporation, if a company;
  8. CR 12 for companies;
  9. Letter of Appointment for agents acting on behalf of the lessees; such as Valuer, Estate Agent, Advocate, Land Surveyor and Planner; 
  10. A Planning brief by a registered planner;
  11. Land Rates and Rents Clearance Certificates; and
  12. Proof that lessee has complied with the terms and conditions of lease.

7. Why should I apply for renewal and/or extension of lease? 

By renewing or extending your lease, you secure your continued legal right to use and occupy the land, preventing it from being allocated to others. Additionally, renewal and/or extension ensures that you comply with the Land Act, 2012 and the Land Regulations, 2017. 

Authors:

Valentine Magato – Conveyancing Lawyer 

Contact us : info@wmcoadvocates.co.ke 

Disclaimer –This Article is in general terms for guidance only and is not intended to substitute professional advice. While due diligence has been undertaken, in ensuring the accuracy of information provided herein, Waithira M. & Co. Advocates is not responsible for any actions , omissions undertaken as a result of the same.

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