10.

GENERAL BOUNDARY SURVEYS IN KENYA

10.1 INTRODUCTION

The concept of general boundaries was introduced in Kenya by the enactment of the Land
Registration (Special Areas) Ordinance, 1959, which was repealed with the enactment of
the Registered Land Act, 1963. Over the last 60 years, different programs utilizing general
boundary surveys have evolved: -

1) Land Consolidation Program.

2) Land Adjudication Program.
3) Land Settlement Program.
4) Subdivision of large-scale farms and group ranches.
5) Mutation Surveys, determination of boundary disputes and maintenance of
boundaries of registered parcels in (1-4).

The Kenya Government appointed the Lawrence Mission in 1965-1966 - ''The Mission on
Land Consolidation and Registration in Kenya.'' to study ways and means of speeding up
land consolidation in the former native areas. In adopting some of the recommendations
of the Mission, the following Acts were enacted: -
i) The Land Control Act 1967.
ii) The Land Adjudication Act 1968.
iii) The Land Consolidation Act 1968.
iv) The Land (Group Representatives) Act, 1968.

In response to the increasing demand for title in urban areas, The Sectional Properties
Act, 1987, was enacted to enable procurement of title to properties which are not on the
ground level (e.g. flats). To make further improvements to survey and management of
Sectional properties The Sectional Properties Act, 2020 was enacted. A Taskforce was
appointed in March 2021 by the CS, Lands and Physical Planning to formulate The
Sectional Properties Regulations, 2021. The Taskforce is currently conducting Public
Participation for the Regulations.1

To address various challenges in land Administration in Kenya, The Community Land Act,
2016 was enacted as required in the Constitution of Kenya, 2010. Its provisions have
repealed the Trust Lands Act (Cap 288) and The Land (Group Representatives) Act (Cap
287).

10.2 LAND ADJUDICATION AND CONSOLIDATION PROGRAMS

Adjudication is the process by which all existing rights in a particular parcel of land are
finally and authoritatively ascertained. This includes ascertainment and confirmation of
existing rights in land, including ownership and extent. It may involve substitution of
rights under customary law with equivalent rights under statute law. Inquiry may be
made in the field, or courts may be consulted, or a system involving both field staff and
courts may be used.

1
In April and May 2021
Land Consolidation and Adjudication programs in Kenya are carried out under the
provisions of the Land Consolidation Act, 1968, the Land Adjudication Act, 1968, and the
Land2 (Group Representatives) Act, 1968. The application of these Acts depends on
whether the area under adjudication and survey is a consolidation area, enclosure area,
or a rangeland area.

10.3 ADJUDICATION UNDER THE LAND TITLES ACT, 1908

This was done to separate privately owned land from Crown land to ascertain which land
could be granted safely. This Act required persons in an area to which it was applied to
come forward and prove their titles within a specified time. It provided for a land court,
presided over by the Recorder of Titles, to hear claims. If claims were adequately proven,
the Recorder of Titles would direct a qualified surveyor to delineate boundaries on a plan
and place marks on the ground to show demarcation.
All unclaimed land was deemed to be Crown Land. The operation of the Act was limited
to the 10-mile coastal strip. A Recorder of Titles was appointed in 1909 and by 1922 some
21700 claims had been investigated and 9190 certificates granted. Operation was
suspended between 1922 and 1957. Compass and chain were used for the earlier surveys
under the Act.

10.4 CONSOLIDATION AREAS

Consolidation is carried out in areas where fragmentation is so excessive that many

holdings are deemed sub-economic in size. Consolidation is carried out under the
provisions of the Land Consolidation Act, 1968, which provides for adjudication,
consolidation, and distribution of landholdings and allows for participation by local
committees.

Different stages in the land consolidation process

1. Provision of control of survey by the Survey of Kenya.
2. Application of the Act to an appropriate area by the Cabinet Secretary. This involves
declaration of an Adjudication Area and appointment of an Adjudication Officer.
3. Declaration of Adjudication Sections by the Adjudication Officer. Notice of intention
to adjudicate and consolidate is given as much publicity as possible. A period of not
less than six (6) months (sec.7.2(c)), during which persons claiming rights in the land
are expected to make these rights known, is given.
4. Appointment of Demarcation Officers, Recording Officers, and local committees by the
Adjudication Officer. The Cabinet Secretary appoints an Arbitration Board, composed
of residents of the District in which the Adjudication area is situated.
5. Compilation of the ''Record of Existing Rights'' is made from the decisions of the local
committee and the Arbitration Board for the Section. The local committee determines
the rights of various landowners within a section, but if the committee fails to reach a
decision, the matter is referred to the Arbitration Board, which considers it and relays
the decision back to the Committee. Only the committee may refer a matter to the
Arbitration Board - (not individuals). The local committee advises on the matter of
customary law and has a positive duty of protecting absentee landowners or people
under a disability. If a matter is taken back to the committee for hearing again, the
2
The Land Consolidation Act, 1968, the Land Adjudication Act, 1968, and the Land (Group Representatives)
Act, 1968 have been repealed
 committee's decision is subject to the confirmation of the Adjudication Officer, who
may confirm the committee's findings, or consider the matter with the Arbitration
Board. An objection based on the decision of the Arbitration Board is heard by the
Adjudication Officer, assisted but not bound by, the Arbitration Board. In either case,
the decision of the Adjudication Officer is final.
6. Once the '' Record of Existing Rights has been completed, a sixty (60) day period for
objections and appeals against the record is given. On expiry of this period, and when
all the objections have been resolved, the ''Record of Existing Rights '' is deemed final.
7. During the period when existing rights are determined, various fragments consisting
of each right holder's land are measured on the field. Junior Survey assistants use
Chain survey methods with limited knowledge in surveying.
8. The perimeter of the Adjudication section is then cleared in readiness for aerial
photography. Base maps, with relevant topographical detail is produced at a scale of
1:5000 and are subsequently enlarged to 1:2500 for purposes of area computation by
planimeter and subsequent use in re-planning the area.
The area obtained from mapping is compared with that obtained from fragments and
a reconciliation factor determined. The committee then decides on the amount of land
for community needs and an appropriate "percentage cut” is then applied to each
fragment in proportion to size.
9. An allocation plan showing the intended arrangement of consolidated land holdings
is prepared. Each landowner's total landholding within the section is demarcated in
the presence of the Committee and adjoining landowners. The "Demarcation Plan” is
prepared during this process.
10. Preparation of the Register containing all the details of each landowner's holding with
reference to the demarcation plan. Once completed, the Adjudication Register is kept
open, and objections allowed for a period of sixty (60) days. The Adjudication Officer
hears objections and makes decisions on them and works closely with the Committee.
(Sec 25-27).
The decisions of the Adjudication Officer are final. (The Cabinet Secretary? [Sec 26
LCA not explicit, LAA is]). When objections are finalized, the Adjudication Register
becomes the final register.
11. Plan preparation, which involves fair drawing of field demarcation plans, showing
boundaries only, and incorporating any changes that may have been made and
surveyed by the demarcation team in the field. Areas are determined by planimeter
at the Survey of Kenya F.H.Q. Offices.
12. Checking of fair-drawn plans against the register and the original demarcation plans
to detect any errors or omissions. The Register is then passed on to the Registrar, who
prepares the relevant registers under the Registered Land Act, 1963.

10.5 ENCLOSURE AREAS

The procedure in enclosure areas is similar to the one in consolidation areas except that
the parcel sizes are not considered sub-economic. Survey and adjudication in these areas
are carried out under the provisions of the Land Adjudication Act, 1968.

The main difference in the survey procedure between consolidation areas and enclosure
areas is that aerial photography is done before identification of the properties on the
ground. There is also no fragment gathering in enclosure areas.
Procedure
1. Air photography is taken at a scale of 1:12,500 or 1:25,000. Photographs are then
enlarged to scales of 1:2500 or 1:5000. The enlarged prints of the photographs are
unrectified and contain a number of errors (e.g. errors due to relief, camera tilt, etc.).

2. Identification is carried out in the field by photo-interpreters, with the help of the
committee for the section, and property boundaries are demarcated on the ground.
The property boundaries are also marked on the enlarged photographs. A
demarcation officer does not make major changes in the field, though he may perform
the following operations:-
(i) Lay out a fresh boundary between two (2) or more plots if the old boundary is
curved, irregular, inconvenient or uneconomical for land use.
(ii) Provide a road of access to a plot.
(iii) Realign plots bordering a public road.
(iv) Carry out any system of regrouping, if requested by landowners.

3. Extreme care is taken of photo enlargements since they form part of the original field
record and they crack easily. Whenever measurements in excess of 30m are found
necessary, ground measurements are harmonized with photo distances by use of a
"scale factor" before plotting on the photographs. Measurements are usually kept to a
minimum.
Where possible, points which occur on or near a junction of two (2) or more
photographs are plotted completely on one (1) of the photographs to simplify
calculation of areas. There is a fair amount of uncertainty in joining up the edges of
the various enlargements since they do not necessarily match well at the edges.
A red ''chinagraph'' pencil is used for marking out boundaries in the field, to facilitate
erasure, if necessary. Once the lines are confirmed, the chinagraph is made permanent
by drawing over it with a "nylostick".

4. After completion of identification of boundaries in the field, the Adjudication Register

is put out on public display and objections are allowed for a period of sixty (60) days.
Once an objection is made to the Adjudication Officer for hearing, he may
a) Make further enquiries or
b) Consult his staff, or
c) Consult a committee or the Arbitration Board.

5. Any person whose interests are adversely affected by the decision of the Adjudication
Officer may appeal to the Cabinet Secretary within sixty (60) days.

After all the objections have been dealt with in a particular section, relevant records
are once again checked carefully. Photographs are taken to Survey of Kenya HQ offices
for area calculation. Area lists and prints of tracings from photographs are taken back
to the field for checking and correction of any errors which might have been detected
at this stage.

6. Once all the queries have been solved, the Director of Land Adjudication and
Settlement sends the map and the register to the Chief Land Registrar. The Chief Land
Registrar then forwards the records to the Land Registrar of the District in which the
section is situated.
10.6 RANGELAND AREAS

Under article 63 of the Constitution of Kenya, land that was lawfully registered in the
name of Group Representatives (Group Ranches) under the provisions of any law is now
regarded as community, among other categories of Community land. Group ranches have
traditionally been used for ranching and pastoralism; and have plot sizes that are
considerably larger than the average plot size in consolidation and enclosure areas.

Boundaries of group ranches usually follow natural boundaries such as rivers, or are
beaconed using substantial monuments. Beacons are coordinated by ground survey and
are plotted on a 1:50,000-scale map. The registry index map is prepared at the same scale.
Co-ordinates for survey monuments and beacons in these areas are usually given to the
nearest metre.

Boundaries have traditionally been plotted by identification from details or from simple
survey methods (e.g. resection from control, by compass, range finder, etc.) but the
Department of Land adjudication and Settlement is however currently utilizing modern
advanced surveying technology (such as GNSS).

Recent developments under the Community Land Act, 2016 require that the Community
Land is planned by Registered Planner and that the boundary survey is georeferenced
and Authenticated (approved) by the Director of Surveys before issuing titles to the
respective Communities.

10.7 MAPS PRODUCED UNDER VARIOUS PROGRAMMES

The enactment of the Land Registration Act, 2012 introduced the Cadastral Map, which
is georeferenced. Georeferenced Registry Index Maps are expected to be renamed as
Cadastral Maps. Registry maps that are not georeferenced are referred to as plans “filed
in the Registry”.

10.7.1 CONSOLIDATION AREAS

1. Demarcation maps.
These are produced from tracings of allocation plans prepared by surveyors from
department of Land Adjudication and Settlement (once known as Land Consolidation
department). These maps may be prepared either with or without supervision of the
Survey of Kenya. These maps are available for some areas of Meru, Embu and Baringo
districts.

2. Registry Index Maps

These are produced through a process known as ''Refly''. After hedges have grown and
many are ''air visible'', aerial photography is done and accurate maps showing parcel
boundaries are produced. Ground survey methods are then used to mark the missing the
missing boundaries. These maps are produced for Kiambu, most of Nyeri and Kirinyaga
districts and parts of Meru and Murang'a districts 3.

10.7.2 ENCLOSURE AREAS

1. Preliminary Index Diagrams (PIDs)
Preliminary index diagrams are produced from enlarged, unrectified aerial photographs
and serve as interim registration maps (Interim RIM). They are produced from
identification and markings of boundaries on the photographs. Boundaries, which are not
identifiable, are marked by estimation. In a few cases, boundary surveys were done on
base maps by plane table methods. Boundary identification is done by Land Adjudication
Department Junior Survey Assistants, but technical supervision is provided by Survey of
Kenya (after 1967).

10.7.3 RANGELAND AREAS

1. Registry Index Maps- Range (Provisional)
These support registration in rangeland areas (pastoral areas). All natural features
adjudicated as boundaries are accepted from the published 1: 50,000 topographical
sheets as accurate within the tolerance at the scale.
Where small public purpose plots are to be plotted at a larger scale, this is done either as
an inset or on a separate cross-referenced sheet.

10.8. LAND SETTLEMENT PROGRAME

Since 1960, the government has pursued the policy of settling land-less families in order
to improve their standard of living. The Department of Land Adjudication and Settlement
is responsible for the implementation of this policy. Some of the settlement schemes
include:
1. One Million Acres schemes.
2. Haraka schemes.
3. Shirika schemes.
4. Sugar Settlement Organization.
5. Ol' Kalou salient scheme.
6. Lake Kenyatta scheme and Hindi settlement scheme.
7. Magarini settlement scheme.

In the One Million Acres Scheme, the Survey of Kenya produced base maps at a scale of
1:2500 on which officers from the Ministry of Agriculture produced plot and scheme-
layouts. After the plot layouts were approved, the Soil Conservation Unit demarcated the
plots on the ground. When the scheme area is fully demarcated and all plot boundaries
are either fully fenced or hedges have grown, the area is "title mapped" using
photogrammetric methods and Registry Index Maps, to support registration, are
produced at a scale of 1:10000.

In Shirika, Sugar Settlement Organization, Ol Kalou Salient and Magarini Settlement

schemes, Registry Index Maps are produced by ground survey methods. In these schemes,
demarcation and ground survey take place at the same time.

3
Districts are now known as Counties
In Haraka and Lake Kenyatta schemes, Preliminary Index Diagrams are produced to
support registration.

10.9 SUBDIVISION OF LARGE SCALE FARMS

In 1980, the Government decided that large-scale farms that are owned by land buying
companies, cooperatives and self-help groups should be subdivided to
members/shareholders.
Shareholders decide between general boundary and fixed boundary survey for the
subdivision of their farm.

General boundary survey

The subdivision surveys are carried out by Survey of Kenya, surveyors from the
Department of Land Adjudication and licensed surveyors. Subdivision surveys are
carried out by ground survey methods and Registry Index maps are produced from tracing
of demarcation sheets. Emphasis is laid on physical demarcation of plots on the ground
and the necessity of settlers to fence off parcels as soon as the demarcation exercise is
completed. Survey is usually done to plottable accuracy at the appropriate scale. Block
corners are placed to the nearest 1ft. If surveyors from the department of Land
Adjudication and Settlement have carried out the survey, the maps produced from tracing
of the demarcation sheets are known as Registry Index Maps (provisional).

Fixed boundary survey

If shareholders opt for a fixed boundary survey, then survey is examined as any other
fixed boundary survey and may only be carried out by the Survey of Kenya or Licensed
surveyors. Surveys Plans, computations and field notes are submitted to the Director of
Surveys for authentication. If registration is to be under the Registration of Titles Act,
then deed plans are produced for each plot. If registration is to be under the Registered
Land Act, then Registry Index Maps are prepared from the authenticated survey plans.
 11. THE CADASTRAL MAP

11.1 INTRODUCTION

***** Kindly note that land registration procedures are now at a transition stage in Kenya.
Once the regulations of the Land Registration Act, 2012 are finalized, it will replace
Registered Land Act, 1963 and Registration of Titles Act - which are currently in use. The
Registry Index Map will be replaced by the Cadastral Map, which has many similar features.
The Land Act, 2012 and the Land Registration Act, 2012 have replaced Director of
Surveys with the term “Office or Authority responsible for survey of land”.
____________________________________________________________________________________________________

The Lawrence Report recommended that the survey procedures that will produce a
registry map for first registration be of sufficient accuracy to: -
1. Identify on the ground a plot shown on the register.
2. Assist in the relocation of a boundary, should it be lost.
3. Enable subdivisions to be effected.
4. For calculation of plot areas.

The Land Registration Act Section 15(1) gives the responsibility of the maintenance of
the Cadastral Map to the Office or Authority responsible for survey of land (formerly RIM
by Director of Surveys under Sec 18 (1) of RLA). Maps prepared after survey of Company
and Cooperative farms by the Survey of Kenya or by Licensed Surveyors, maps in the One
Million Acre Schemes and those prepared after "Refly" (prepared directly by the Director
of Surveys satisfy the conditions of a Registry Index Map. Other maps that are used in a
number of programmes are deemed to be Interim Registry Maps because they do not
satisfy the conditions of a Registry Index Map. These maps include:
1. Demarcation maps under the Land Consolidation programme.
2. Preliminary Index Diagrams under the Land Adjudication programme.
3. Registry Index Maps - Range (Provisional) in the rangeland areas.
4. Registry Index Maps (provisional) from the demarcation sheets of Junior Survey
Assistants from the department of Land Adjudication and Settlement in the survey of
Company and Cooperative farms.
All the above maps are prepared by officers from the department of Land Adjudication
and Settlement, with technical assistance from the Director of Surveys.

The Cabinet Secretary, in consultation with NLC and County Governments, is mandated
by Land Registration Act (Sec 6) to constitute land registration units. The registration
unit is further subdivided into:
(i) Registration Sections, which are identified by distinctive names
(ii) The registration sections are further subdivided into blocks, with distinctive
numbers or names or a combination of numbers and names
(iii) Blocks are subdivided into parcels, which are numbered consecutively
The Cadastral Map shows all boundaries for individual plots
11.2 MAINTENANCE OF BOUNDARIES

Section 15(2) of the Land Registration Act requires that parcel boundaries on such
cadastral map be georeferenced and surveyed to standards that ensure compatibility
with other documents. Section 18 of the Land Registration Act states that the Cadastral
Map indicates only the approximate boundaries of the parcel and should not be relied on
for solution of boundary disputes (unless boundaries fixed) since the map is not an
authority on boundaries. Proprietors of are required to maintain in good order features
that demarcate boundaries of their parcels. The registrar may issue an order in writing
for demarcation of boundaries (Section 20 of the Land Registration Act) within a specified
time. He may also make order as to which of the adjoining owners shall be responsible
for demarcation of any feature demarcating a common boundary.

11.3 FIXING OF BOUNDARIES

Section 19 of the Land Registration Act provides for "fixing" of general boundaries and to
cause the positions of the boundaries be defined precisely. This may be done if: -
1. The Registrar considers it desirable
or
2. An interested party makes an application to the Registrar.

The Registrar then gives notice to the owners and occupiers of the land adjoining the
boundaries of the intention to ascertain and fix the boundaries. After giving all persons
affected an opportunity to be heard, the Registrar then causes the precise position of the
boundary to be defined. A surveyor, as defined in the Survey Act, does the survey, and the
records are forwarded to the Office or Authority responsible for survey of land for
authentication. A plan containing the particulars of the "fixing" survey is filed and a note
is made on the Register. Cross-reference with the Survey Plan number (F/R No.) is made
on the Registry Index Map sheet. The boundaries are deemed to be "fixed" once the Office
or Authority responsible for survey of land authenticates the records and the procedure
for relocation is as for fixed boundaries under the Survey Act.

11.4 MUTATION SURVEYS AND DETERMINATION OF BOUNDARY DISPUTES

The Lawrence report recommended that the Survey of Kenya should take over
responsibility for boundary relocations and surveys for subdivision. Subdivision surveys
in areas where land has been registered under general boundary legislation (generally
known as mutation surveys) are undertaken by the Survey of Kenya and Licensed
Surveyors. They do not pose many technical problems and are generally done using
simple chain surveying techniques.

Section 18(2 and 3) of the Land Registration Act, give the Land Registrar power to settle
boundary disputes for parcels with approximate boundaries. The Court is not to entertain
action or other proceedings relating to boundaries of registered land unless the Registrar
has done the determination. During the determination of boundary disputes a surveyor
is like any other witness and his evidence has to be evaluated with other evidence 4 in

4
In apparent improvement from the provisions of RLA (now repealed), Land Registration Act Regulation 40(2
and 3) mention that the Registrar shall be guided by the recommendation of the Office responsible for survey of
land (Director of Surveys) in determination of a boundary dispute.
arriving at the correct position of the boundary. The Land Registrar should, as far as
possible, re-establish the boundaries in their positions as at first registration. He does this
by: -
1. Direct evidence of persons who know the position of the original boundary and
history of the dispute.
2. Original photo-enlargements, demarcation maps and allocation plans.
3. Registry Index Maps as interpreted by the Surveyor 5.

If the Cadastral Map differs from the original boundary as established by more reliable
evidence, it is the map, and not the ground position that should be amended. In any case,
ground occupation has more weight than the map position.

5
A provision that was not in the Registered Land Act, 1963 – which has now been introduced in the Land
Registration Act, 2012