The law and practice of the Registered Land Act 1963 :a comparative study

The purpose of this thesis is to determine whether the Registered Land Act 1963 of Kenya has established an effective system of law and practice governing titles to land registered under the Act. Several key issues are addressed. First, how effective has been the process of land adjudication which brings onto the register land that was formerly subject to customary law; moreover, how successful has been the process of converting land that was subject to one of the preexisting systems of registration. Secondly, how effective is the conveyancing machinery provided by the Act. Thirdly, are the rights of registered proprietors, including those registered jointly or in common, as well as persons with third party interests in land adequately protected by the Act? Fourthly, to what extent have the provisions of the Magistrates' Jurisdiction (Amendment) Act 1981 undermined the provisions of the Registered Land Act 1963? In answering these questions the relevant provisions of the Registered Land Act 1963 are compared with those of the English Land Registration Act 1925. This thesis considers the extent to which judicial interpretation of the provisions of the Land Registration Act 1925 can assist in solving some of the problems created by the provisions of the Registered Land Act 1963. It is contended that the Registered Land Act has failed to provide a truly effective system of registered land.