THE LAND SURVEYING AND MAPPING BILL, 2021 ... - lands.go.ke

The Land Surveying and Mapping Bill, 2021

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THE LAND SURVEYING AND MAPPING BILL, 2021

ARRANGEMENT OF CLAUSES

Clause

PART I – PRELIMINARY

Short title. .......................................................................................................... 5 Interpretation. .................................................................................................... 5 Appointment of the Surveyor-General and other officers. ..................................13 Qualifications of the Surveyor-General. ............................................................14 Functions of the Surveyor-General. ...................................................................15 Qualifications of the National Director of Surveys. ...........................................16 Functions of the National Director of Surveys ...................................................17 Surveys office. ..................................................................................................18 Seal of the National Director of Surveys. ..........................................................18 Establishment of National Mapping and Hydrographic Authority. .....................21 Functions of the Authority. ...............................................................................22 Board of the Authority. .....................................................................................24 Vacation of Office. ...........................................................................................26 Powers of the Board. .........................................................................................26 Delegation by the Board....................................................................................28 Conduct of Business and Affairs of the Board. ..................................................28 Remuneration of Board members. .....................................................................28 The Director-General of the Authority. .............................................................28 Corporation Secretary. ......................................................................................29 Other staff of the Authority. ..............................................................................29 Financial year. ..................................................................................................29 Funds of the Authority ......................................................................................29 Power to invest funds. .......................................................................................30 Annual estimates. ..............................................................................................30 Accounts and audit............................................................................................30 Charges and fees. ..............................................................................................30 Recovery of debts. ............................................................................................31 Annual report. ...................................................................................................31 Establishment of Kenya Institute of Surveying and Mapping. ............................31 Objectives of the Institute. ................................................................................32 Powers of the Institute.......................................................................................32 The Council of the Institute. ..............................................................................33 Functions of the Council. ..................................................................................34


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Vacation of office. ............................................................................................35 Conduct of meetings and affairs of the Council. ................................................36 Delegation. .......................................................................................................36 The Director. ....................................................................................................36 Corporation Secretary. ......................................................................................37 Appointment of other staff. ...............................................................................38 Funds of the Institute. .......................................................................................38 Financial year. ..................................................................................................38 Power to invest funds. .......................................................................................38 Annual estimates. ..............................................................................................38 Accounts and audit............................................................................................38 Charges and fees. ..............................................................................................39 Recovery of debts. ............................................................................................39 Annual report. ...................................................................................................39 Persons qualified to conduct land surveys. ........................................................39 Duties of land surveyors....................................................................................40 Exemption. .......................................................................................................40 Non-liability of the Government. ......................................................................40 Uniform coordinate reference systems...............................................................41 Cadastral map. ..................................................................................................41 Cadastral surveys. .............................................................................................41 Infrastructure development surveys. ..................................................................42 Land Survey for purposes of compulsory acquisition of land. ............................42 Sectional property surveys. ...............................................................................42 Physical and land use planning. .........................................................................43 Land surveying and mapping by county governments........................................43 Aerial surveys. ..................................................................................................43 Underground surveys. .......................................................................................45 Mining surveys. ................................................................................................45 Mobile mapping surveys. ..................................................................................45 Hydrographic surveys. ......................................................................................47 Land surveying equipment. ...............................................................................48 Powers of the land surveyors to enter upon land. ...............................................48 Submit land surveying dataset to the National Director of Surveys. ...................49 Correction of errors. ..........................................................................................50 Submission of hydrographic data. .....................................................................51 Authentication of plans. ....................................................................................52 Cancellation of an authenticated survey plan. ...................................................52 Authenticated boundary plans to be prepared and published by the National

Director of Surveys. ......................................................................................... 53 Provisions regarding authenticated boundary plans. ...........................................53 Proof of authentication. .....................................................................................54


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Inspection of plans. ...........................................................................................54 Survey marks to be shown on plan. ...................................................................55 Hydrographic Survey marks. ............................................................................55 Sites of fundamental survey marks. ...................................................................55 Responsibility for protection of survey marks....................................................56 Responsibility to report destruction of a fundamental survey mark. ...................57 Prohibited blasting of rock, prospecting and mining within site reserved for

fundamental survey marks................................................................................ 57 Duty of lessee to ascertain that survey marks shown on plan are in place. ..........57 Tampering with survey marks. ..........................................................................59 Riparian reserves. .............................................................................................59 Establishment of Kenya National Spatial Data Infrastructure. ............................60 Establishment of Standing Committee on Kenya National Spatial Data

Infrastructure. .................................................................................................. 60 Tenure ..............................................................................................................62 Functions of the Kenya National Spatial Data Infrastructure Committee. ...........63 Meetings of the Kenya National Spatial Data Infrastructure Committee. ............64 Resolution of complaints. ..................................................................................64 Actors within the Kenya National Spatial Data Infrastructure. ...........................64 Capture and publication of metadata. ................................................................65 Access to geospatial data...................................................................................66 Supply of and accountability for geospatial data. ...............................................66 Confidentiality, privacy and liability. ................................................................66 Copyright..........................................................................................................66 Collaborative Maintenance Agreement. .............................................................68 Reporting on data quality. .................................................................................69 Security of geospatial data. ...............................................................................69 Establishment of the Standing Committee Kenya National Hydrographic

Committee. ...................................................................................................... 70 Functions of the Hydrographic committee .........................................................70 Membership of the Hydrographic committee .....................................................70 Meetings of the Hydrographic committee ..........................................................72 Tenure and vacation of office ............................................................................72 Secretariat of the Hydrographic Committee .......................................................73 Establishment of the Standing Committee on Geographical Names. ..................73 Tenure and vacation of office ............................................................................74 Functions of the Geographical Names Committee .............................................75 Meetings of the Geographical Names Committee. .............................................75 Requests for use of a geographical name. ..........................................................76 Protection from liability. ...................................................................................76 Offences. ..........................................................................................................76 General penalty. ................................................................................................77


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Regulations. ......................................................................................................77 Repeal of Survey Act, Cap. 299 ........................................................................80 Transitional provisions. .....................................................................................80


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THE LAND SURVEYING AND MAPPING BILL, 2021

A Bill for

AN ACT of Parliament to make provision in relation to land surveying and

mapping, institutional and legal framework and for connected

purposes.

ENACTED by the Parliament of Kenya as follows─

PART I – PRELIMINARY

Short title. 1. This Act may be cited as the Land Surveying and

Mapping Act, 2021.

Interpretation. 2. In this Act, unless the context otherwise requires—

“aerial survey” means survey undertaken from above

ground using a static or mobile platform for purposes of

mapping;

No. 4 of 2009 “aids to navigation” has the meaning assigned to it in

section 220 of the Merchant Shipping Act, 2009;

“Authority” means the National Mapping and

Hydrographic Authority established under section 11

of this Act;

“base map” means a three dimensional geo-referenced

map made from primary data that acts as a reference;

“board” means the Board of the National Mapping

and Hydrographic Authority constituted in accordance

with section 13 of this Act;

“boundary” means a line or a series of lines that

delimits and show the extent of a unit, parcel, region or

territory;

“boundary plan” means a drawing or a diagram

which shows the limits and extents of an area of land;


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“Cabinet Secretary” means the Cabinet Secretary

responsible for matters relating to land surveying and

mapping;

“cadastral survey” means land survey for purposes of

registration of land or interest in land;

“copy" means a reproduction, transcript or replica of

an original photograph, plan or map;

No. 3 of 2012

“cadastral map” is a map or a series of maps prepared

and maintained by the National Director of Surveys for

land registration purposes as defined by section 15 of

the Land Registration Act 2012;

“cadastral plan” is a geo-referenced map showing a

single or many parcels of land or unit authenticated by

the National Director of Surveys;

“cartography” means the art, science and technology

of making and interpretation of maps;

“clearing house” means a repository which may be

physical or virtual that collects, stores and disseminates

geospatial data and metadata;

“client” means a person or entity who has procured

land surveying and mapping services;

“collaborative maintenance” means a data

maintenance agreement between a data custodian and

other data custodians or the Authority;

“Geographical Names Committee” means the

standing committee on geographical names established

under section 107 of this Act;

“Kenya National Spatial Data Infrastructure

Committee” means the Kenya National Spatial Data

Infrastructure Committee established under section 87;


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“Hydrographic Committee” means the Kenya

National Hydrographic Committee established under

section 101 of this Act;

“consulting land surveyor” means a consulting land

surveyor registered under the Land Surveyors

Registration Act, 2021;

“copyright” has the same meaning as defined in the

Copyrights Act;

“CORS” means Continuously Operating Reference

Station that provides Global Navigation Satellite

System (GNSS) data in support of positioning and

navigation;

“Council” means the Council of the Kenya Institute

of Surveying and Mapping established under section 33

of this Act;

“County Director of Surveys” refers to an office

established within the County Public Service in

accordance with section 10 of this Act;

“control point” means a point on the ground or any

permanent structure whose horizontal and vertical

location or position is known;

“data” means raw or processed geospatial

information;

“dataset” means an identifiable collection of related

geospatial information;

“data custodian” means a public or private entity that

captures, maintains, manages, integrates, distributes or

uses geospatial information;

“data vendor” means a person who supplies geospatial

information on behalf of a data custodian;


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“Director of Surveys” for the purposes of other Acts

where the Director of Surveys is mentioned the term has

the same meaning as the National Director of Surveys;

“features” means geospatial phenomena having

common characteristics;

“fundamental dataset” means the geospatial

information which have been captured or collected by a

data custodian including geodetic control; digital

imagery; geographical names; administrative

boundaries; parcel boundaries; hydrography; elevation;

transportation; vegetation; utilities; buildings and

geology;

“fundamental survey mark” means trigonometric

stations, CORS, zero order stations, 1st and 2nd order

geodetic control point, aids to navigation and

fundamental benchmark;

“geographical name” means a name describing a

geospatial feature;

“geo-reference” means the positioning of an object

using a defined co-ordinate reference system on, above

or below the earth’s surface as may be determined by

the Surveyor-General from time to time;

“spatial data infrastructure” means the combination of

technology, data, institutional arrangements and

persons that enable the discovery, evaluation,

dissemination and application of geospatial data for

users from all sectors of the economy and the general

citizenry;

“geospatial dataset’’ means geo-referenced data and

this includes cadastral, topographical, infrastructure,

hydrographic, aeronautical and bathymetric data and

their attributes;


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“geospatial information” means information that is

directly or indirectly spatially referenced to a location

on, above and below the earth's surface; such

information includes the attributes of the entities

involved plus their relationships;

“graduate land surveyor” means a person accredited

as such under the Land Surveyors Registration Act,

2021;

No. 6 of 2012

“grant” means any conveyance, lease or license of

un-alienated public land for a period exceeding one

year made on behalf of the government under the Land

Act 2012;

“grantee” means the recipient of any grant;

“High-water mark” means the highest ever level

reached by the sea at high tide, or by a lake or river in

time of flood.

“hydrographic data” means data acquired through

hydrographic surveys;

“hydrographic survey” means that branch of land

surveying that measures and describes geospatial

features of water bodies;

“imagery" means an image of the earth or part of the

earth derived from remote sensing;

“infrastructure” includes buildings, roads, sub-ways,

power lines, bridges, sewer lines, tunnels, mines, ducts,

dams, pipelines, service lines, masts;

“Kenya National Spatial Data Infrastructure” means

the Kenya National Spatial Data Infrastructure

established by section 86;

“land” has the meaning assigned to it in Article 260

of the Constitution of Kenya, 2010;


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“land surveyors board” means the Land Surveyors

Board established under the Land Surveyors

Registration Act, 2021;

“land registrar” means the Chief Land Registrar, the

Deputy Land Registrar, County Land Registrars and

Land Registrars appointed under section 12 and 13 of

the Land Registration Act, 2012 and section 9 of the

Community Land Act, 2016;

“land survey” means the science and technique of

acquiring, creating, processing, managing, presenting,

and disseminating geo-referenced spatial data above, on

or below the earth’s surface for purposes of land

administration and management, spatial planning,

infrastructure development and maintenance,

exploration and mining and location based services and

includes but not limited to geodetic surveying, aerial

mapping, photogrammetry, remote sensing, cadastral

surveying, topographic mapping, infrastructure survey,

hydrographic surveying, mining survey, underground

utility survey, cartography and spatial addressing;

“land surveyor” means a person registered as such

under the Land Surveyors Registration Act, 2021;

“land survey technician” means a person accredited

as such under the Land Surveyors Registration Act,

2021;

“licence” means annual practicing certificate issued

as per section 4 of the Land Surveyors Registration Act;

“maintenance” when used in relation to spatial

information, means measures taken to ensure that

geospatial information conforms to standards and the

updating or modification of geospatial information to

ensure that it remains accurate;


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“map” means a geometrically accurate graphical

representation of land which includes cadastral maps,

topographical maps, administrative maps, nautical

charts, aeronautical charts and other thematic and

special purpose maps;

“mapping” means the process of locating and

representing geospatial features using land surveying

techniques;

“metadata” means information about geospatial data

and includes a description of the content, quality

condition and other characteristics of spatial

information;

“mobile mapping’’ means the process of collecting

geospatial data from a mobile vehicle, typically fitted

with a range of GNSS, photographic, radar, laser,

LiDAR or any number of remote sensing systems.

“mining surveying” means all land survey activities

connected with mining operations on or below the

surface which results into mining survey plans for open

pit and underground workings;

“national gazetteer” means a published indexed list

of Standard Geographical Names indicating

coordinates and types of features that can be used to

locate areas that the names are associated in a country;

“ordinary high-water” mark means that line on the

shore established by the fluctuations of water and

indicated by physical characteristics such as a clear,

natural line impressed on the bank, shelving, changes in

the character of soil, destruction of terrestrial

vegetation, the presence of litter and debris.

No. 3 of 2012

“parcel” has the same meaning as defined by the

Land Registration Act, 2012;

https://en.wikipedia.org/wiki/Geospatial

https://en.wikipedia.org/wiki/Vehicle

https://en.wikipedia.org/wiki/GNSS

https://en.wikipedia.org/wiki/Photographic

https://en.wikipedia.org/wiki/Radar

https://en.wikipedia.org/wiki/Laser_scanning

https://en.wikipedia.org/wiki/LiDAR

https://en.wikipedia.org/wiki/Remote_sensing


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“parcel number” means a unique numeric or

alphanumeric characters that identifies a parcel of land

as assigned by the National Director of Surveys;

“plan” includes sectional plans, floor plans, map,

cadastral plan, boundary plan, nautical chart, diagram,

satellite images or aerial photograph approved by the

Surveyor-General as suitable for land survey,

navigation and connected purposes;

“photogrammetry” means the “art, science and

technology of obtaining reliable information about

physical objects and the environment through the

process of recording, measuring and interpreting

photographic images and patterns of electromagnetic

radiant imagery and other phenomena;

“public entity” means an institution established by

the state for furtherance of public interest;

“quality” means the degree to which spatial

information which has been captured or collected

satisfies stated or implied needs, and includes

geographic information about lineage, completeness,

currency, logical consistency and accuracy of the

spatial information;

“riparian reserve” means a strip of land located on

each side of a watercourse or adjacent to a stationary

water body;

“remote sensing” means the science of acquiring

information about the Earth's surface without being in

contact with it, through sensing and recording reflected

or emitted energy and processing, analyzing, and

applying that information;

“specifications” means standards or requirements to

be satisfied by a design or product as provided under

this Act;


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“survey mark” includes any trigonometrical station,

CORS, fundamental benchmark, benchmark,

hydrographic beacon, boundary beacon, peg, picket

mark, reference mark, temporary flag, signal, aids to

navigation, or pole, whether on, above or below the

surface of the ground, which is fixed, placed or set up

by, or under the direction of a Surveyor-General for the

purpose of any land survey and mapping under this Act;

“Surveyor-General” means the Surveyor General

appointed under section 3 of this Act;

“topographic mapping” refers to the process carried

out to depict natural and man-made features in 3

dimensions using aerial, remote sensing or ground

based land surveying techniques;

“unit” has the same meaning as defined in the

Sectional Properties Act, 2020;

“user” means any person who has obtained access to

Geospatial information in order to use that information.

PART II – ADMINISTRATION

Appointment of the Surveyor-General and

other officers.

3. (1) There shall be appointed by the Public Service

Commission a Surveyor-General, a National

Director of Surveys and such other officers as may

be considered necessary for the effective discharge

of functions under this Act.

(2) The officers appointed under subsection (1)

shall be competitively recruited by the Public Service

Commission.

(3) The Surveyor-General or the National Director

of Surveys may delegate in writing all or any of their

powers, duties or functions under this Act, or of any

regulations made there under, either generally or

specially to any other officer appointed under


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subsection (1) and may at any time revoke or vary any

such delegation.

(4) The delegation in subsection (3) shall not be

deemed to divest the Surveyor-General or National

Director of Surveys of all or any of their powers, duties

or functions, they may, as considered fit, exercise and

perform such powers, duties and functions

notwithstanding the delegation.

Qualifications of the Surveyor-General.

4. A person shall qualify for appointment as the

Surveyor-General if that person—

(a) is a citizen of Kenya by birth;

(b) holds a Bachelor’s degree in land surveying

from a university recognized by the Land

Surveyors Board;

(c) is registered as a land surveyor under the Land

Surveyors Registration Act;

(d) holds a Master’s degree in a relevant surveying

discipline;

(e) has at least fifteen years’ experience in the

discipline of land surveying and mapping;

(f) has at least ten years’ experience in senior

management in the public or private sector;

(g) is a full member of the Institution of Surveyors

of Kenya and in good standing;

(h) meets the requirements of Chapter Six of the

Constitution; and

(i) meets any other requirements set by the Public

Service Commission for this position.


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Functions of the Surveyor-General.

5. The Surveyor-General shall─

(a) advice on national land surveying and mapping

policies, guidelines, standards and strategies;

(b) prescribe the standards for the establishment of

the geospatial extent of areas of interest under

any written land registration law;

(c) prescribe standards for the structure, storage,

and provision of national geospatial data and

cadastral survey datasets;

(d) prescribe standards and guidelines on riparian

reserves ;

(e) advise the national and county governments on

all matters relating to land surveying and

mapping;

(f) prescribe equipment to be used for land

surveying and mapping;

(g) approve centres for calibration for land

surveying and mapping equipment that requires

calibration;

(h) collaborate with the National Director of Survey

and the Director-General of the Authority in the

implementation of this Act.

(i) establish and maintain a Kenya National Spatial

Data Infrastructure clearing house;

(j) develop and enforce metadata standards;

(k) create and maintain the nodal links for Kenya

National Spatial Data Infrastructure with

partner agencies;


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(l) disseminate Kenya National Spatial Data

Infrastructure data;

(m) ensure compliance with the standards set under

this Act;

(n) report to relevant authorities any person or

entity contravening the provisions of this Act;

(o) undertake research for the purposes of the

functions under this section; and

(p) perform any other functions conferred by this

Act, or any other written law.

Qualifications of the

National Director of Surveys.

6. A person shall qualify for appointment as the

National Director of Surveys if that person—

(a) is a citizen of Kenya;

(b) holds a Bachelor’s degree in land surveying

from a university recognized by the Land

Surveyors Board;

(c) holds a Master’s degree in a relevant surveying

discipline;

(d) has at least ten years working experience in the

discipline of land surveying and mapping;

(e) has at least eight years’ experience in senior

management in the public or private sector;

(f) is a registered land surveyor under the Land

Surveyors Registration Act, 2021;

(g) is a full member of the Institution of Surveyors


(h) meets the requirements of Chapter Six of the

Constitution; and


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(i) meets any other requirements set by the Public

Service Commission for this position.

Functions of the National Director of Surveys

7. The National Director of Surveys shall─

(a) be responsible for the survey of land for the

purposes of the Land Registration Act, 2012 and

any other written laws;

(b) establish the geospatial extent of areas of

interest under any written land registration law;

(c) ensure timely updating and maintenance of the

cadastre;

(d) co-ordinate cadastral surveying projects that cut

across counties;

(e) set standards for the structure, storage and

provision of cadastral survey data;

(f) ensure compliance with the standards set under

paragraph (e);

(g) determine compliance of cadastral survey

datasets and cadastral surveys with standards set

under paragraph (e);

(h) establish facilities for the receipt of cadastral

survey datasets;

(i) determine conditions for the use of the facilities

established under paragraph (h);

(j) store and provide access to cadastral survey

data;

(k) monitor compliance with conditions set under

paragraph (e);


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(l) undertake research for the purposes of the

functions under this Act;

(m) perform any other functions conferred by this


Surveys office. 8. The principal office of the National Director of

Surveys shall be at Nairobi, but there may be

established such other offices at such places as the

National Director of Surveys may from time to time

determine.

Seal of the National

Director of Surveys. 9. The National Director of Surveys shall have and

use a seal of office bearing the impression of the

badge of the National Director of Surveys Survey

of Kenya having inscribed thereon “National

Director of Surveys”, and the imprint of such a seal

shall be valid whether impressed or made in wax,

ink or any other substance.

County Director of

Surveys. 10. (1) There shall be appointed by the County

Service Public Board a County Director of Surveys.

(2) A County Director of Surveys shall be

responsible for all matters relating to land surveying

within a county government and may perform any

functions that may be conferred by this Act.

(3) A County Director of Surveys shall, in the

discharge of his or her functions, be guided by the

policies, procedures, standards and strategies

formulated by the Surveyor-General.

(4) A person is qualified for appointment as a County

Director of Surveys if that person—



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(b) holds a degree in land surveying from a

university recognized by the Land Surveyors

Board;

(c) is registered as a land surveyor under the Land


(d) is a full member of the Institution of Surveyors


(e) has at least seven years’ experience in land

surveying and mapping;

(f) meets the requirements of Chapter Six of the

Constitution; and

(g) meets any other requirements set by the County

Public Service Board.

(5) A County Director of Surveys shall be

responsible for—

(a) the implementation of national land surveying

and mapping policies and standards in the

county;

(b) the establishment of third to fourth order

geodetic control network;

(c) the submission of reports on the status of the

international and county boundaries to the

Surveyor-General;

(d) the maintenance and provision of up to date

geospatial data including─

(i) the identification, inspection and

maintenance of boundaries of public land

vested in or held by the County;


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(ii) the inspection and verification of land parcel

boundaries for development control;

(iii) setting out and carrying out built surveys of

county government infrastructure;

(iv) the deformation monitoring of county

government infrastructure;

(v) the verification of surveys for the design and

construction alignment of county

government infrastructure and engineering

works;

(e) prepare and certify base maps for physical and

land use planning and infrastructure

development within the County;

(f) provide comments on development application

in relation to land survey as provided in section

60(1) of the Physical and Land Use Planning

Act, 2019 and any other written law;

(g) conduct county specific hydrographic surveying

activities and services in consultation with the

Director-General and in compliance with

national and international hydrographic laws

and policies for the time being in force;

(h) the establishment and maintenance of parcel

based County Geospatial Information System;

(i) the establishment and maintenance of a County

Spatial Data Infrastructure and link to the Kenya

National Spatial Data Infrastructure;

(j) the management of riparian reserves in

accordance with the national policy;

(k) ensuring survey equipment procured by the

county are calibrated;


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(l) advising the county government on all matters

related to land surveying and mapping; and

(m) any other function in collaboration with the

national government that are necessary for the

implementation of this Act.

PART III ─ THE NATIONAL MAPPING AND

HYDROGRAPHIC AUTHORITY

Establishment of

National Mapping and Hydrographic Authority.

11. (1) There is established an Authority to be

known as the National Mapping and Hydrographic

Authority.

(2) The National Mapping and Hydrographic

Authority shall be body corporate with

perpetual succession and a common seal, and

shall, be capable in its corporate name of─ (a) suing and being sued;

(b) taking, purchasing or otherwise acquiring,

holding and disposing of movable or

immovable property;

(c) borrowing money with the approval of the

Cabinet Secretary and the Cabinet Secretary

responsible for Finance; and

(d) doing or performing all such other things or acts

for the proper performance of its functions

under this Act as may lawfully be done or

performed by a body corporate.

(3) The headquarters of the Authority shall be in

Nairobi but the Authority shall ensure access to its

services in all parts of the Republic in accordance with

Article 6(3) of the Constitution.


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Functions of the Authority.

12. (1) The National Mapping and Hydrographic

Authority shall be responsible for the development,

management, maintenance and provision of

geodetic control, national topographical maps,

bathymetric maps, hydrographic and nautical charts

and geospatial information.

(2) For the purposes of discharging its responsibility

under subsection (1), the Authority shall─

(a) establish, publish and maintain the national

geodetic control network;

(b) define, determine, prescribe and maintain a

uniform national coordinate reference frame;

(c) maintaining and updating a digital National

Gazetteer of Geographical Names;

(d) publishing in the Kenya Gazette not later than

the 31st day of March of every calendar year, in

such manner as the Cabinet Secretary may

direct, the National Gazetteer.

(e) survey, re-establish, inspect and maintain

international boundaries with neighbouring

countries;

(f) carry out mapping for land use and suitability

analysis;

(g) develop and maintain Kenya National Spatial

Data Infrastructure fundamental datasets;

(h) be the authority responsible for the preparation

and publication of the official maps of Kenya

including and not limited to administrative,

topographical and thematic maps;

(i) prepare and publish the National Atlas of

Kenya;


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(j) coordinate all hydrographic surveying activities

and services in the country in compliance with

national and international maritime laws for the

time being in force;

(k) prescribe hydrographic surveying standards and

ensure adherence to the standards;

(l) delineate and map the high-water mark for the

water bodies

(m) ensure comprehensive geographic coverage of

hydrographic services, in cooperation with

other maritime agencies and Maritime Nations;

(n) maintain uniformity of nautical publications

and nautical charts, taking into account the

resolutions and recommendations of the

International Hydrographic Organization

(IHO);

(o) coordinate acquisitions, archiving, retrieval and

dissemination of hydrographic data in order to

ensure that hydrographic data, nautical

publications and nautical charts are made

available on a world-wide scale as timely,

reliably and with minimal ambiguity in the

country;

(p) undertake the collection of hydrographic data

and the compilation of hydrographic or nautical

charts; (q) prepare, update, issue and or sell the nautical

publications and nautical charts necessary for

the safety of navigation within the maritime

zone and the internal waters of the Republic of

Kenya; (r) provide services in the manner most suitable for

the purpose of aiding navigation—


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(i) by consulting with all the relevant maritime

safety users in order to ensure that

hydrographic surveying is carried out in

accordance with the requirements of

internationally accepted specifications and

standards; and

(ii) to issue sailing directions, lists of lights,

notices to mariners and tide tables where

applicable, satisfying the needs of safe

navigation.

(s) take the necessary steps to ensure that the

navigational warnings relating to safe

navigation within Kenya’s maritime zone is

communicated promptly to persons navigating

in Kenya’s maritime zone;

(t) supervise and validate public funded geospatial

datasets;

(u) represent the government in international and

regional organisations and facilitate co-

operation at international and regional level;

(v) advise the government on all matters relating to

mapping and hydrographic surveying;

(w) undertake research for the purposes of the

functions under this section; and

(x) perform any other functions conferred by this


Board of the Authority. 13. (1) The National Mapping and Hydrographic

Authority shall be managed by a Board, which shall

consist of the following members—

(a) non-executive Chairperson who shall be

appointed by the President from persons

appointed under subsection 13(1)(f);


25

(b) the Principal Secretary of the Ministry

responsible for Lands or his or her

representative appointed in writing;

(c) the Principal Secretary of the Ministry

responsible for finance or his or her

representative appointed in writing;

(d) a land surveyor representing the National Land

Commission;

(e) a land surveyor nominated by the Council of

Governors

(f) five other persons, not being public officers,

who shall be appointed by the Cabinet

Secretary, by virtue of their knowledge or

experience in—

(i) cadastral surveying;

(ii) engineering surveying;

(iii) hydrographic surveying;

(iv) geo-information management;

(v) geodesy.

(g) the Director-General who shall be an ex-officio

member.

(2) The Cabinet Secretary shall appoint persons under

subsection 13(1)(f) from among members nominated

by the Institution of Surveyors of Kenya.

(3) The member of the Board under subsection

13(1)(a), (d), (e) and (f) shall serve for a term of three

years and shall be eligible for re-appointment for one

further and final term of three years.


26

(4) The members appointed under subsection

13(1)(f) shall hold office for the full term of the Board,

provided that two shall retire after the first term.

Vacation of Office. 14. (1) A person appointed under subsection

13(1)(a), (d), (e) and (f) shall cease to be a member

of the Board if the member—

(a) resigns his office by notice, in writing,

addressed to the President or Cabinet Secretary,

respectively;

(b) is absent from three consecutive meetings of the

Board without the permission of the

chairperson;

(c) is convicted of an offence by a court and

sentenced to imprisonment for a term of six

months or more without the option of a fine;

(d) is unable, by reason of mental or physical

infirmity, to discharge his functions as a

member of the Board;

(e) is adjudged bankrupt; or

(f) dies Powers of the Board. 15. The Board shall have all the powers necessary

for the proper performance of the functions of the

Authority and, in particular, the Board shall have

powers to—

(a) administer the property and funds of the

Authority in a manner and for the purposes

which shall promote the interests of the

Authority;

(b) receive on behalf of the Authority, donations,

endowments, gifts, grants or other moneys and

make disbursements therefrom;


27

(c) enter into association with such other bodies or

organizations within or outside Kenya as it may

consider desirable or appropriate and in

furtherance of the purposes for which the

Authority is established;

(d) open a banking account or banking accounts for

the funds of the Authority;

(e) invest any moneys of the Authority not

immediately required in furtherance of its

objects;

(f) appoint, train, discipline, remove and make

provision for the welfare of members of staff of

the Authority;

(g) determine the provisions to be made for capital

and recurrent expenditure and for the reserves

of the Authority; and

(h) undertake any other activities as may be

necessary for the performance of its functions

and the attainment of the purposes of the

Authority.


28

Delegation by the Board.

16. The Board may by resolution, in writing, either

generally or for a particular case, delegate to any

committee of the Board or Chief Executive Officer

or other officers and staff of the Authority, the

exercise of any of the powers or the performance of

any of the functions of the Board under this Act or

any other written law.

Conduct of Business and Affairs of the Board.

17. The conduct and regulation of the business and

affairs of the Board shall be as provided in the First

Schedule of this Act, but subject thereto the Board

may regulate its own procedure.

Remuneration of Board

members. 18. The Authority shall pay the members of the

Board such remuneration, fees or allowances for

expenses as it may determine after consultation with

the relevant Government agencies.

The Director-General of the Authority.

19. (1) There shall be a Director-General of the

Authority who shall be competitively appointed by

the Board, in consultation with the Cabinet

Secretary, on such terms and conditions of

employment as may be specified in writing.

(2) A person shall be qualified for appointment as

Director-General if such person—




Board;

(c) holds a Master’s degree in the relevant land

surveying discipline;

(d) is registered as a land surveyor under the Land


(e) is a full member of the Institution of Surveyors


(f) has at least ten years’ working experience in the

discpline of land surveying and mapping; and

(g) has at least ten years’ experience in senior

management in the public or private sector.


29

(3) The Director-General shall be the Chief

Executive Officer of the Authority and shall, subject to

the directions of the Board, be responsible for the day-

to-day operations and administration of the Authority.

(4) The Director-General shall hold office for a term

of three years and shall be eligible for appointment for

one more term.

Corporation Secretary. 20. (1) The Board shall competitively recruit a

person qualified, in terms of the law governing

the practice of public secretaries in Kenya, to serve

as the Corporation Secretary of the Authority.

(2) The Corporation Secretary shall be the Secretary

to the Board and shall be responsible for arranging the

business and meetings of the Board, the keeping of

records of the Board's meetings, the keeping of the

records of the proceedings of the Board, and perform

such other duties as the Board may direct.

Other staff of the Authority.

21. (1) The Board may competitively recruit such

other officers and staff as may be necessary for the

proper and efficient performance of its functions on

such terms and conditions of service as the Board

may, in consultation with the relevant Government

agencies, determine.

(2) The Board shall recruit a Land Surveyor who shall

be designated as the National Hydrographer from

amongst the staff recruited under section 21(1).

Financial year. 22. The financial year of the Authority shall be the

period of twelve months ending on the thirtieth of

June in each year.

Funds of the Authority 23. The funds and resources of the Authority shall

consist of— (a) monies appropriated by Parliament for the

purposes of the Authority;


30

(b) funds accruing from investments made by the

Authority;

(c) grants, loans, gifts or donations from the

Government or any other source;

(d) revenue earned from the activities of the

Authority under this Act;

(e) any other monies accruing to the Authority in

the performance of its functions under this Act.

Power to invest funds.

No. 18 of 2012

24. Any funds of the Authority not immediately

required for any purpose under this Act may be

invested in line with the Public Finance

Management Act, 2012.

Annual estimates. No. 18 of 2012.

25. The annual estimates of the Authority shall be

prepared in accordance with the Public Finance


Accounts and audit.

26. (1) The Board shall cause to be kept all proper

audit books and records of accounts of the income,

expenditure, assets and liabilities of the Authority.

No. 18 of 2012 No. 34 of 2015

(2) The accounts of the Authority shall be audited

and reported upon in accordance with the Public

Finance Management Act, 2012 and the Public

Audit Act, 2015.

Charges and fees. 27. (1) The Cabinet Secretary in consultation with

the Authority shall prescribe levies, charges or fees

for the sale of maps, charts, geospatial data and any

other services or for use of its facilities. (2) The schedule of levies, charges or fees shall be

published in the Gazette.


31

Recovery of debts. 28. All debts owed to the Authority under this Act

shall be recovered as a civil debt.

Annual report. 29. The Authority shall, not more than ninety days

after the end of each financial year, submit to the

Cabinet Secretary an annual report relating

generally with the activities and operations of the

Authority and such other information as the Cabinet

Secretary may request in writing.

PART IV─THE KENYA INSTITUTE OF

SURVEYING AND MAPPING

Establishment of Kenya

Institute of Surveying and Mapping.

30. (1) There is established an Institute to be known

as the Kenya Institute of Surveying & Mapping.

(2) The Institute shall be a body corporate with

perpetual succession, and a common seal and shall in

its corporate name, be capable of—

(a) suing and being sued;

(b) taking, purchasing and disposing of movable

and immovable property;

(c) entering into contracts; and

(d) doing or performing all other things as are

necessary for the proper discharge of its

functions under this Act, which may be lawfully

performed by a body corporate.

(3) The Institute shall be the successor to the Institute

known as the Kenya Institute of Surveying and

Mapping existing immediately before the

commencement of this Act, and subject to this Act, all

rights, obligations, assets and liabilities of that Institute

existing at the commencement of this Act shall be

automatically and fully transferred to the Institute and

any reference to the Kenya Institute of Surveying and

Mapping in any contract or document shall, for all


32

purposes, be deemed to be a reference to the Institute

established under subsection (1).

(4) The headquarters of the Institute shall be in

Nairobi but the Institute shall ensure access to its

services in all parts of the Republic in accordance with

Article 6(3) of the Constitution.

Objectives of the Institute.

31. (1) The Institute shall be a centre of excellence

learning and development programmes for land

surveying and mapping.

(2) Notwithstanding the generality of subsection (1),

the Institute shall—

(a) undertake training and capacity building for the

land surveying and mapping sector;

(b) undertake research in land surveying and

mapping;

(c) develop an incubation centre for knowledge

sharing and promoting technology in land

surveying and mapping; and

(d) perform any other function related or incidental

to the foregoing as may be directed by the

Cabinet Secretary.

Powers of the Institute.

32. The Institute shall have power to—

(a) establish, with the approval of the Cabinet

Secretary, such campuses or centres for training

and capacity building as are necessary and in

furtherance of the objects of the Institute;

(b) enter into association with other institutions of

learning, within or outside Kenya, as the

institute may consider necessary or appropriate

and in furtherance of the objects for which the

institute is established;


33

(c) prescribe and receive fees and other charges for

services rendered;

(d) regulate and supervise the discipline of students

of the Institute;

(e) make such regulations as may be necessary for

regulating the affairs of the Institute; and

(f) perform any other function that the Institute

may consider necessary, conducive or

incidental to the objects for which the Institute

is established.

The Council of the

Institute. 33. (1) The administration and management of the

Institute shall vest in the Council of the Institute

which shall consist of—

(a) a non-executive chairperson appointed by the

President;

(b) the Principal Secretary in the ministry for the

time being responsible for matters relating to

land surveying and mapping or his or her

representative appointed, in writing;

(c) the Principal Secretary in the ministry for the

time being responsible for matters relating to

finance or his or her representative appointed, in

writing;

(d) the Principal Secretary in the ministry for the

time being responsible for the matters relating

to education or his or her representative

appointed, in writing;

(e) the Surveyor-General;

(f) four other members, not being public officers,

appointed by the Cabinet Secretary as follows—


34

(i) two land surveyors nominated by the

Institution of Surveyors of Kenya; and

(ii) two persons who have knowledge or

experience in matters relating to

curriculum development or teaching in

the land surveying and mapping sector.

(g) the Director of the Institute, who shall be an ex-

officio member of the Council.

(2) The member of the Board under subsection (1)(a)

and (f) shall serve for a term of three years and shall be

eligible for re-appointment for one further and final

term of three years.

(3) Notwithstanding subsection (2), the members

appointed under subsection (1)(f) shall hold office for a

term of three years but two shall retire after the first

term and subsequently the longest serving members in

the Council who shall have completed two consecutive

terms shall retire and shall not be eligible for re-

appointment.

(4) The members of the Council shall be paid

allowances determined by the Cabinet Secretary, in

consultation with the Salaries and Remuneration

Commission.

Functions of the Council.

34. The Council shall—

(a) manage and control the assets of the Institute in

such manner as best promotes the purpose for

which the Institute is established;

(b) receive, on behalf of the Institute, donations,

endowments, gifts, grants or other monies and

make disbursements to the Institute;


35

(c) invest any funds not immediately required for

its purposes, as it may determine.

(d) approve the appointment criteria and the terms

and conditions of service of staff of the Institute;

and

(e) provide for the staff superannuation scheme and

students welfare.

Vacation of office. 35. (1) The office of a member of the council under

subsection 33(1)(a) and (f), shall become vacant if

the member—

(a) resigns his office by notice in writing addressed

to the President or Cabinet Secretary,

respectively;

(b) is absent from three consecutive meetings of the

Council without the permission of the

chairperson;

(c) is convicted of an offence by a court and


months or more without the option of a fine;

(d) is unable, by reason of mental or physical

infirmity, to discharge his functions as a

member of the Board;

(e) is adjudged bankrupt;

(f) is otherwise unable or unfit to continue serving

as member of the council; or

(g) dies


36

Conduct of meetings and affairs of the Council.

36. The conduct and regulation of the business and

affairs of the Council shall be as provided in the

Second Schedule but subject thereto the Council

may regulate its own procedure.

Delegation. 37. Subject to this Act, the Council may, by

resolution either generally or in a particular case,

delegate to a committee of the Council or to a

member, officer, employee or agent of the Council,

the exercise of any of the powers or, the

performance of a function or a duty of the Council

under this Act.

The Director. 38. (1) There shall be a Director of the Institute who

shall be competitively appointed by the Council, in

consultation with the Cabinet Secretary, on such

terms and conditions of employment as may be

specified in writing.

(2) A person shall qualify for appointment as the

Director if that person─




Board;

(c) holds a Master’s degree in a relevant land

surveying discipline;

(d) is registered as a land surveyor under the Land


(e) is a full member of the Institution of Surveyors

of Kenya in good standing;

(f) has at least ten years’ working experience in

land surveying and mapping; and


37

(g) has at least ten years’ experience in senior

management in the public or private sector.

(3) The Director shall─

(a) be the Chief Executive Officer of the Institute

and shall, subject to the directions of the Board,

be responsible for the day to day operations and

administration of the Institute;

(b) be the academic head of the Institute;

(c) have overall responsibility for the direction,

organization, administration, programmes and

courses of the Institute; and

(d) be responsible to the Council for the general

conduct and discipline of the staff and students.

(3) The Director shall hold office for a term of three

years and shall be eligible for appointment for one more

term.

Corporation Secretary. 39. (1) The Council shall competitively recruit

a person qualified, in terms of the law

governing the practice of public secretaries in

Kenya, to serve as the Corporation Secretary of the

Institute.

(2) The Corporation Secretary shall be the Secretary

to the Council and shall be responsible for arranging the

business and meetings of the Council, the keeping of

records of the Council's meetings, the keeping of the

records of the proceedings of the Council, and perform

such other duties as the Council may direct.


38

Appointment of other staff.

40. The Council may appoint such other officers or

staff as are necessary for the proper and effective

performance of the functions of the Institute.

Funds of the Institute. 41. The funds and assets of the Institute shall

consist of — (a) monies appropriated by Parliament for the

purposes of the Institute;

(b) monies that may accrue to or vest in the Institute

in the course of the performance of its functions

under this Act;

(c) monies provided for training and capacity

building from the Fund; and

(d) monies from any other source provided or

donated or lent to the Institute.

Financial year. 42. The financial year of the Institute shall be the

period of twelve months ending on the thirtieth of

June in each year.

Power to invest funds.

No. 18of 2012.

43. Any funds of the Institute not immediately

required for any purpose under this Act may be

invested in line with the Public Finance


Annual estimates. No. 18 of 2012.

44. The annual estimates of the Institute shall be

prepared in accordance with the Public Finance


Accounts and audit.

45. (1) The Council shall cause to be kept all proper

audit books and records of accounts of the income,

expenditure, assets and liabilities of the Institute.

No. 18 of 2012 No. 34 of 2015

(2) The accounts of the Institute shall be audited and

reported upon in accordance with the Public

Finance Management Act, 2012 and the Public

Audit Act, 2015.


39

Charges and fees. 46. (1) The Cabinet Secretary in consultation with

the Institute shall prescribe levies, charges or fees

for the training and undertaking research and any

other services or for use of its facilities.

(2) The schedule of levies, charges or fees shall be

published in the Gazette.

Recovery of debts. 47. All debts owed to the Institute under this Act

shall be recovered as a civil debt.

Annual report. 48. The Institute shall, not more than ninety days

after the end of each financial year, submit to the

Cabinet Secretary an annual report relating

generally with the activities and operations of the

Institute and such other information as the Cabinet

Secretary may request in writing.

PART V – THE CONDUCT OF SURVEYS

Persons qualified to conduct land surveys.

49. (1) A person shall not carry out land surveys

under this Act unless that person is registered as a

land surveyor.

(2) A land surveyor may retain such number of

accredited graduate land surveyors and land survey

technicians.

(3) A person retained as a Graduate Land Surveyor

or Land Survey Technician under subsection (2) shall

not present themselves as being land surveyors or carry

out land surveying and mapping without the

supervision of a land surveyor.

(4) Any person who carries out land survey and

mapping without being qualified under subsection (1)

commits an offence and is liable, on conviction, to a

fine not exceeding one million shillings or to

imprisonment for a term not exceeding one year or to

both.


40

Duties of land

surveyors. 50. (1) A land surveyor shall carry out every land

survey and mapping in a manner that will ensure

that the land survey and mapping is in accordance

with the provisions of this Act and any regulations

made thereunder.

(2) A land surveyor shall be responsible for the

correctness and completeness of every land survey and

mapping carried out by the land surveyor.

Exemption. 51. (1) Notwithstanding the provisions of section

49, the Surveyor-General may exempt certain land

survey and mapping works from standards of

accuracy prescribed under this Act. (2) Such exemption shall be granted upon request

by the Land Surveyor and in consideration of extreme

circumstances that include hostility, insecurity, difficult

terrain or any other circumstances that may make the

standards unachievable. Non-liability of the Government.

52. (1) Neither the Government nor any public

officer shall be liable for any defective land survey

and mapping, or any work appertaining thereto,

performed by a land surveyor, notwithstanding that

any plan relating to such land survey and mapping

or work has been authenticated in good faith and in

accordance with the requirements and provisions of

this Act or accepted for registration under any

written law for the time being in force relating to the

registration of transactions in or of title to land.

(2) A land surveyor shall provide self-indemnity

against any claim arising out of professional practice.


41

Uniform coordinate reference systems.

53. The Surveyor-General shall by notice in the

Gazette, specify and prescribe a uniform coordinate

reference systems upon which all land surveys and

mapping shall be based.

Cadastral map. 54. (1) Pursuant to section 15 of the Land

Registration Act, 2012, the National Director of

Surveys shall prepare and maintain a map or series

of maps, to be known as the cadastral map, for every

land registration unit.

(2) The parcel boundaries on any map prepared

and maintained under subsection (1) shall be geo-

referenced and surveyed to such standards as to ensure

compatibility with other documents required under the

Land Registration Act, 2012 Act or any other written

law.

Cadastral surveys. 55. (1) A land surveyor shall carry out survey of

land for the purpose of registration of land under

any written law for the time being in force and in

accordance with the standards prescribed by the

Surveyor-General from time to time.

(2) No person shall offer, advertise for sale or make a

promise to purchase or to sell any parcel of land, or any

undivided right in any parcel of land or unit, unless a

Parcel Number has been assigned to that parcel of land

or unit and reflected on a map authenticated by the


(3) Any person who contravenes subsection (2)

commits an offence and shall be liable, on conviction to

a fine not exceeding one million shillings or to

imprisonment for a term not exceeding one year or to

both.

(4) For purposes of description of an external

boundary of any area, the declaration of an adjudication

section shall be on a geo-referenced map approved by

the National Director of Surveys.


42

Infrastructure

development surveys. 56. (1) A land surveyor shall carry out any land

survey for purposes of infrastructural development

in accordance with the prescribed standards and

provisions of this Act.

(2) The Surveyor-General shall, in collaboration with

the relevant institutions that utilize spatial data for

development of infrastructure, develop standards and

specifications for undertaking land surveys for such

purposes.

(3) Where the land surveys for infrastructural

development is undertaken by a public entity, the

National Director of Surveys shall require the public

entity to avail the geospatial data and metadata for such

land surveys in a prescribed form.

(4) Where an infrastructural development has been

completed, the ‘as built’ spatial data shall be submitted

to the Director-General for purposes of updating

topographical maps and the County Director of Surveys

for the purposes of development control.

Land Survey for purposes of compulsory acquisition of land.

57. A land surveyor shall carry out land survey for

compulsory acquisition in accordance with the

provisions of the Land Act, 2012 and this Act.

Sectional property surveys.

58. (1) All units surveyed under the Sectional

Properties Act, 2020 shall be geo-referenced,

assigned a number and authenticated by the

National Director of Surveys in accordance with

this Act.

(2) No document shall be presented to the Land

Registrar conferring long-term leases or ownership to a

sectional property unless the sectional unit is surveyed

according to this Act.


43

Physical and land use planning.

59. (1) A person preparing a development plan

shall base the development plan on a topographical

base map certified by a land surveyor in accordance

with the standards prescribed by the Surveyor-

General in accordance with this Act.

(2) A person shall prepare a physical and land use

plan based on a three dimensional geo-referenced base

map prepared and or certified by a land surveyor in

accordance with the standards prescribed by the

Surveyor-General in accordance with this Act.

Land surveying and mapping by county governments.

60. All county governments shall carry out their

land surveying and mapping activities in

accordance with this Act.

Aerial surveys. 61. (1) A person who intends to carry out any aerial

survey for use in mapping or similar purposes shall

notify the Director-General of the intention, in

writing, at least one month before the date of the

intended aerial survey and request for authorization

to carry out the aerial survey.

(2) The notification under subsection (1) shall─

(a) state the intention to carry out the aerial survey;

(b) provide all information relating to the aerial

survey, including the geographical extent to

enable the Director-General to determine the

required specifications; and

(c) request for the authorization of the Director-

General to carry out the aerial survey.

(3) The Director-General shall within twenty-one

days of receiving the notification consider and grant

authorization, in writing, where appropriate.


44

(4) Where authorization is not granted, the Director-

General shall communicate the decision and state the

reasons, in writing.

(5) Where the Director-General does not

communicate within 21 days, the authorization shall be

deemed to have been granted.

(6) Upon carrying out the aerial survey, the person

authorized to carry out an aerial survey under paragraph

(3) shall─

(a) submit all the imageries thereby acquired to the

Director-General, for inspection; and

(b) submit such copies of maps and imageries to

the Director-General, at the Director-General’s

cost (unless publicly funded).

(7) The submission of maps or imageries to the

Director-General under subsection (5) shall not in any

way affect the copyright therein of the person

submitting them or the owner of such copyright.

(8) A person who fails to comply with subsection (1)

or (5) commits an offence and shall be liable, on

conviction, to a fine not exceeding two million shillings

or imprisonment of a term not exceeding three years, or

both.

(9) Notwithstanding the provisions of section 61(1), the

Surveyor-General shall make exemptions for

application to undertake aerial surveys in cases of

urgent humanitarian intervention such as flooding,

earthquakes and fires.

(10) The Surveyor-General shall prescribe standards

and specifications for aerial surveys using manned and

unmanned aerial vehicles.


45

Underground surveys. 62. (1) A land surveyor shall carry out any

underground surveys in accordance with the


(2) A land surveyor shall upon completing an

underground survey submit the survey report and the

survey plan to the Director-General for purposes of

updating topographical maps and the County Director

of Surveys for development control.

(3) The Surveyor-General shall in collaboration with

the institutions that utilize spatial data for development

of infrastructure, prescribe the standards and

specifications for undertaking underground surveys. (4) Where the underground survey is carried out by a

public entity, the Director-General shall require the

public entity to avail the geospatial data and metadata

for such land surveys in a prescribed form. Mining surveys. 63. (1) A land surveyor shall carry out any mining

survey in accordance with the provisions of this

Act. (2) Upon the completion of any mining survey, a

land surveyor shall submit the survey report and the

survey plan to the Director-General for the purposes of

updating topographical maps. (3) The Surveyor-General shall prescribe standards

and specifications for carrying out mining surveys. Mobile mapping surveys.

64. (1) A person who intends to carry out any

mobile mapping survey for use in mapping or

similar purposes shall notify the Director-General

of the intention, in writing, at least one month

before the date of the intended mobile mapping

survey and request for authorization to carry out the

mobile mapping survey.

(2) The notification under subsection (1) shall─

(a) state the intention to carry out the mobile

mapping survey;


46

(b) provide all information relating to the aerial

survey, including the geographical extent to

enable the Director-General to determine the

required specifications; and

(c) request for the authorization of the Director-

General to carry out the mobile mapping survey.

(3) The Director-General shall within twenty-one

days of receiving the notification consider and grant

authorization, in writing, where appropriate.

(4) Where authorization is not granted, the Director-

General shall communicate the decision and state the

reasons, in writing.

(5) Where the Director-General does not

communicate within 21 days, the authorization shall be

deemed to have been granted.

No. 24 of 2019.

(6) A person who acquires or processes data acquired

by mobile mapping platforms shall handle the data in

accordance with the Data Protection Act, 2019.

(7) Upon carrying out the mobile mapping survey,

the person authorized to carry out a mobile mapping

survey under paragraph (3) shall─

(a) submit to the Director-General, for inspection

all imageries acquired; and

(b) submit such copies of maps and imageries as

the Director-General, at the Director-General’s

cost (unless publicly funded).

(8) The submission of maps or imageries to the

Director-General under subsection (7) shall not in any

way affect the copyright therein of the person

submitting them or the owner of such copyright.


47


or (7) commits an offence and shall be liable, on

conviction, to fine not exceeding one million shillings

or imprisonment of a term not exceeding one year, or

both.

(10) The Surveyor-General shall prescribe standards

and specifications for mobile mapping surveys.

Hydrographic surveys. 65. (1) A land surveyor shall carry out

hydrographic surveys in accordance with the


(2) A person or institution that intends to carry out

any hydrographic surveys shall notify the Director-

General of the intention, in writing, at least one month

before the date of the intended hydrographic survey.

(3) Upon completion of a hydrographic survey, a

person or institution which has carried out the

hydrographic survey shall─

(a) submit to the Director-General, for inspection,

all the hydrographic data and products and such

other information as the Director-General may

specify; and

(b) submit to the Director-General, at the Director-

General’s cost, such copies as may be required

of the hydrographic work and data.


and (3) commits an offence and shall be liable on

conviction to a fine not exceeding ten million shillings

or imprisonment for a term not exceeding five years or

to both.


48

Land surveying equipment.

66. (1) The Surveyor-General shall issue

guidelines for equipment to be used to conduct land

surveys under this Act from time to time.

(2) All survey equipment requiring calibration shall

be calibrated in accordance with the guidelines issued

by the Surveyor-General from time to time.

(3) The National Director of Surveys shall not

authenticate any survey where it is established that the

survey was carried out using equipment which does not

meet the required standards and specifications

prescribed by the Surveyor-General.

Powers of the land surveyors to enter upon land.

67. (1) A land surveyor may enter upon any land,

seashore, enclosed place or reserve on land or ocean

and internal waters with such assistants as may be

necessary, for the purpose of─

(a) making or supervising any survey or re-survey;

(b) affixing or setting up thereon or therein any

survey mark;

(c) inspecting any survey marks;

(d) altering, repairing, moving, or removing any

survey mark;

(e) doing anything necessary for carrying out any

of the aforesaid purpose;

(f) examining or inspecting the conduct of any

survey; or

(g) maintaining the vicinity of any survey mark.

(2) A land surveyor shall, as soon as is practicable,

before entering upon any land for the purpose of

subsection (1), whenever practicable, give reasonable

notice to the owner or occupier of the land of the


49

intended entry, and shall, upon entry, produce written

evidence of authorization or identification to any person

reasonably requiring the same.

(3) A land surveyor shall, when exercising any power

or performing any duty conferred or imposed under

subsection (1), minimize any form of damage or

inconvenience caused by the exercise of that power or

performance of that duty.

(4) A land surveyor shall not affix, repair, maintain,

remove, alter, or supervise the survey of, International

Boundary pillars, or First and Second Order Geodetic

Survey Control Points and fundamental benchmarks,

navigation aids including Continuously Operating

Reference Stations (CORS) without the written

authorization of the Surveyor-General.

(5) The owner of any property including trees and

crops cut or damaged in the exercise of any of the

powers under subsection (1) may be paid by the client

such compensation, as calculated in the prescribed

manner. PART VI ─ LAND SURVEYING DATASETS

AND RECORDS

Submit land surveying dataset to the National Director of Surveys.

68. (1) A land surveyor shall submit all survey data

including all plans, field notes and computations

and such other data from a survey executed by the

land surveyor for purposes of registration of land,

to the National Director of Surveys and shall

become public record.

(2) A person shall not, in any way, alter or amend any

plan or geospatial data submitted to the National

Director of Surveys in accordance with subsection (1)

without the permission of the National Director of

Surveys.


50

Correction of errors. 69. (1) The National Director of Surveys, or a land

surveyor working under the National Director of

Surveys in that behalf, may at any time undertake

such field and office checks on the survey work of

a land surveyor as prescribed.

(2) The National Director of Surveys, or a land

surveyor duly authorized to authenticate a plan or map

under section 71 may by notice in writing, instruct any

land surveyor to correct at their own expense within the

time specified in such notice any error made in the

survey represented by the plan submitted for

authentication.

Provided that such notice shall not be sent more than twelve months after the date on which the plan was sent

to the National Director of Surveys under section 68,

(3) Where a Land Surveyor has refused or neglected

to correct such error, within the time specified under

subsection (2) it shall be lawful for the National

Director of Surveys to undertake such correction and to

recover the whole cost of such correction from the Land

Surveyor concerned.

(4) Where the land surveyor has refused or neglected

to pay the cost of the correction referred to in subsection

(3) within thirty days of receiving the demand for

payment, the National Director of Surveys may report

the matter to the Land Surveyors Board for disciplinary

action.

(5) The Land Surveyors Board may after, due

inquiry, order the land surveyor to pay the cost of

correction to the National Director of Surveys and the

Land Surveyors Board may subject to section 39 of the

Land Surveyors Registration Act, where the land

surveyor has refused or neglected to comply with an

order made under subsection (4) within thirty days after

the date of the order, suspend the licence of the land

surveyor until the cost of correction is paid.


51

(6) The Land Surveyors Board shall initiate

disciplinary proceeding against the land surveyor if the

cost of correction is not paid within three months of

notice to make payment.

(7) The cost of such correction by the National

Director of Surveys shall be recovered as a civil debt.

Submission of

hydrographic data. 70. (1) A land surveyor shall submit all

hydrographic survey data to the Director-General

and shall become public record.

(2) The Authority may, by notice in the Gazette, direct

any person identified in the notice to communicate and

submit any information regarding anything that poses a

navigational threat and is relevant to or has an influence

on the safety of navigating in the sea, ocean or

navigable water that is in the possession of that person.

(3) A person who fails to communicate and submit

information as directed under subsection (2) commits

an offence and is liable, on conviction, to a fine not

exceeding five hundred thousand shillings or to

imprisonment for a period not exceeding twelve

months, or to both.


52

Authentication of plans. 71. No land shall be deemed to have been surveyed

or resurveyed until the plan thereof has been

authenticated by the signature of the National

Director of Surveys or a land surveyor authorized

by the National Director of Surveys, in writing, in

that behalf, or by the affixing of the seal of the

National Director of Surveys in accordance with

section 9.

Cancellation of an

authenticated survey plan.

72. (1) Where, before the registration of a

document or instrument to which an authenticated

survey plan is attached, or in which reference to

such a plan is made,—

(a) the plan is found to be inaccurate by reason of

any error or omission in the survey; or

(b) the plan does not conform with the terms and

conditions subject to which permission to

subdivide the land to which the plan relates has

been given.

the National Director of Surveys may cancel the

authentication of such plan and may recall any copies

which may have been issued, and in every case the

provisions of section 69 shall apply.

(2) Where a document or an instrument to which a

cancelled authenticated plan was attached, the Registrar

may rectify the register or any instrument presented for

registration in accordance with sections 79 and 80 of

the Land Registration Act 2012.

(3) The National Director of Surveys shall upon the

cancellation of the authentication of any plan, notify as

prescribed in writing—

(a) the registered owner of the land to which such

plan relates or, in the case of public land, the

National Land Commission; and


53

(b) the land surveyor by whom the survey was

executed; and

(c) the Land Registrar.

Authenticated boundary

plans to be prepared and published by the National Director of Surveys.

73. (1) No boundary plans shall be considered

authentic unless such plans have been prepared,

authenticated and published in the Gazette by the


(2) All boundaries of any land or area, or the situation

and extent of any land or area, or particulars necessary

to identify any land or area, or defining or designating

the boundaries or limits of any land or area shall be geo-

referenced.

(3) Any agency or government institution that is

required to produce any boundary plan shall submit the

plans for quality control and authentication by the

National Director of Surveys before the plans are

distributed for use.

(4) All boundary plans shall conform to the

specifications and standards prescribed by the National

Director of Surveys. Provisions regarding authenticated boundary

plans.

74. (1) A plan shall be considered to be

authenticated and identified for the purposes of

section 73 if— (a) it is authenticated, by the seal or signature of the

National Director of Surveys or of a land

surveyor authorized, in writing, by the National

Director of Surveys in that behalf and by the

signature of the authority by whom the notice is

given, to be the land or area to which the notice

in the Gazette refers;

(b) it is published in the Gazette; and

(c) it is identified by a reference number. (2) Every authenticated and identified boundary plan

shall be deposited at the National Director of Surveys

Office.


54

Proof of authentication. 75. All plans authenticated under this Act,

purporting to be signed by the National Director of

Surveys, or his/her authorized officer(s), or to be

sealed with the seal of the National Director of

Surveys, shall be presumed, until the contrary is

proved, to have been signed by the National

Director of Surveys, or by his/her agents authorized

as aforesaid, or to have been sealed with the seal of

the National Director of Surveys, as the case may

be.

Inspection of plans. 76. Any person may, at such times as may be

specified by the National Director of Surveys,

inspect any boundary plan, referred to in any notice

in the Gazette, which is in the possession of the


PART VII ─ THE PRESERVATION OF SURVEY

MARKS


55

Survey marks to be shown on plan.

77. A land surveyor shall show on the plan (if any)

all survey marks erected or placed for the purpose

of defining the boundaries of any holding or land or

any monument defining infrastructure attached to,

or referred to in, any document or instrument

purporting to confer, declare, transfer, limit,

extinguish or otherwise deal with or affect any right,

title or interest, whether vested or contingent to, in

or over such holding or land, being a document or

instrument which is required to be registered, or is

ineffectual until registered, under any written law

for the time being in force relating to the registration

or transactions on land.

Hydrographic Survey marks.

78. A land surveyor shall construct or erect, under

the supervision of the Director-General, in the

prescribed manner by the Director-General any

flag, peg, signal, hydrographic beacon, benchmark,

survey reference mark or hydrographic instrument

erected in accordance with this Act.

Sites of fundamental

survey marks. 79. (1) Fundamental survey marks prescribed in

the regulations shall be deemed, for the purposes of

this Act and of any regulations made thereunder, to

comprise the land within six decimal naught (6.0)

of a metre from the center-mark of such station or

within six decimal naught (6.0) of a metre from the

center of the pillar or of such fundamental

benchmark, as the case may be, together with a

right-of-way to and from the same.

(2) The Director-General shall cause to be published

in the Gazette not later than the 31st day of March in

every calendar year, a list, coordinates and digital map

of the fundamental survey marks.

(3) The Director-General may, from time to time,

cause notice to be given to any public entity of the

location of any fundamental survey marks that are

located within the land that is subject to the entity’s

control or management.


56

(4) A public entity to which such a notice is given

shall ensure that all fundamental survey marks

identified in the notice are protected.

(5) The National Director of Surveys shall maintain

the fundamental survey marks identified in a notice

under subsection (3) in good condition and repair.

Responsibility for

protection of survey marks.

80. (1) Every owner and occupier of land shall take

all reasonable measures to protect every survey

marks erected or placed on the land they own or

occupy.

(2) The owner and occupier of land shall pay to the

National Director of Surveys the cost of restoring any

survey mark erected or placed on the land owned or

occupied which has been removed, destroyed,

displaced, defaced, mutilated, obliterated or broken, or

the position of which has been altered and the cost of

any survey made for that purpose, unless any other

person has been convicted of an offence under this Act

in respect of that survey mark.

(3) Where a survey mark is common to the land of

two or more owners or occupiers, the cost of restoring

any such survey mark, under subsection (2), shall be

divided equally between them.

(4) The cost under subsection (2) and (3) shall be a

civil debt recoverable summarily.


57

Responsibility to report destruction of a fundamental survey mark.

81. (1) The representative of the National Director

of Surveys shall in collaboration with the Ministry

responsible for national government administration

and the National Police Service in the area in which

the survey mark is situate to ascertain that survey

marks are in place and report any destruction to the

Surveyor-General.

Prohibited blasting of rock, prospecting and mining within site reserved for fundamental survey

marks.

82. (1) A person shall not carry out rock-blasting,

prospecting and mining operations within one

hundred meters of any fundamental survey mark

without the authorization of the Director-General.

(2) The Cabinet Secretary responsible for mining

shall before approving any mining activity under the

Mining Act, 2016 obtain the confirmation of the

National Director of Surveys that the fundamental

survey marks within the area to be mined will be

adequately protected.

(3) Any person who contravenes subsection (1)

commits an offence and is liable on conviction to a fine

not exceeding one million shillings or to imprisonment

for a term not exceeding two years or to both.

(4) In addition to the penalty under subsection (3), a

person convicted of an offence under subsection (3)

shall, whether or not any penalty is imposed, be liable

to pay the cost of restoring any feature damaged by the

rock-blasting, prospecting and mining operations and

the cost shall be recoverable as a civil debt by any

person responsible for the maintenance of the

fundamental survey mark.

Duty of lessee to ascertain that survey marks shown on plan are in place.

83. (1) A lessee shall within sixty days of receiving

a lease, ascertain that the survey marks shown on

any plan attached to the lease or referred to therein

are in place as indicated on the plan.

(2) A lessee shall notify the National Director of

Surveys, in writing, if the lessee is unable to find the


58

survey marks indicated on the plan attached to the lease

and referred to in the lease, and deposit with the

National Director of Surveys a sum which, in the

estimation of the National Director of Surveys, is

sufficient to cover the cost of the inquiry by the

National Director of Surveys into the matter.

(3) If as a result of an inquiry under subsection (2)

the National Director of Surveys finds that the survey

marks are not in place as indicated on the plan, the

National Director of Surveys shall cause the survey

marks to be erected or placed in accordance with the

plan, and the sum deposited under subsection (2) shall

be refunded to the person who made the deposit.

(4) If as a result of an inquiry under subsection (2)

the National Director of Surveys finds that the survey

marks were not put in place by the land surveyor who

carried out the work, the expenses of the National

Director of Surveys shall be recoverable as a civil debt

from the land surveyor unless there is proof that such

survey marks were placed in accordance with the Act,

in which case the sum deposited shall not be refunded.

(5) If as a result of such inquiry the National Director

of Surveys finds that the survey marks are in place as

shown on the plan, the sum deposited, or such portion

thereof as shall be sufficient to cover the cost of such

inquiry, shall be forfeited and paid to the Principal

Secretary responsible for matters relating to land

surveying and mapping.


59

Tampering with survey marks.

84. (1) A person who, without being duly

authorized to do so, intentionally takes away, found

in possession of, removes, destroys or displaces, or

alters the position of any survey mark, or defaces,

mutilates, obliterates or breaks any survey mark,

commits an offence and is liable, on conviction,—

(a) if such act was done with intent to defraud, to

imprisonment for a term not exceeding three

years; (b) in any other case, to a fine not exceeding one

million shillings or to imprisonment for a term

not exceeding two years or to both; (c) if the survey mark is an aids to navigation, the

penalty prescribed under section 224 of the

Merchant Shipping Act, 2009. (3) The court may, in addition to the penalty

prescribed under subsection (2), order that the person

pays to the National Director of Surveys the cost of

restoring such survey mark (including the cost of any

survey made for that purpose).

PART VIII – RIPARIAN RESERVES

Riparian reserves. 85. (1) A land surveyor shall when surveying land

fronting a prescribed water body, survey and

reserve a strip of land to be known as riparian

reserve as provided in the third schedule of this

Act.

(2) the reference point for measuring the riparian

reserve shall be defined as follows:

a) for oceans, lakes and rivers the high-water

mark;

b) for dams the height of the dam;

c) for swamps the width or length of the swamp;

and

d) for springs the centre of the spring.

PART IX – THE KENYA NATIONAL SPATIAL

DATA INFRASTRUCTURE


60

Establishment of Kenya

National Spatial Data Infrastructure.

86. (1) The Surveyor-General shall establish the

Kenya National Spatial Data Infrastructure in

accordance with section 5(i).

(2) The Kenya National Spatial Data Infrastructure

shall be a national platform for hosting, finding,

accessing, sharing and using geospatial data.

(3) The Surveyor-General shall ensure that the

Kenya National Spatial Data Infrastructure established

under subsection (1)─

(a) facilitates data production, data presentation;

data transfer, data exchange and provision of

metadata in accordance with the standards set

under this Act;

(b) incorporate roles for data owners, data

custodians, data vendors and data users;

(c) guarantees data quality, security,

confidentiality, privacy and copyright of all

geospatial data; and

(d) enables collaborative maintenance of geospatial

data between data owners and data custodians.

(3) If the Surveyor-General reasonably considers that

a public entity holds geospatial data that is of value for

land survey and mapping purpose, the public entity

shall be required to submit the datasets to the Authority,

at the request of the Surveyor-General, in writing.

Establishment of Standing Committee on Kenya National Spatial Data Infrastructure.

87. (1) There is established a Standing Committee

to be known as the Kenya National Spatial Data

Infrastructure Committee consisting of the

following─ (a) the chairperson appointed by the Cabinet

Secretary from amongst the members under sub

section 87(1)(i)


61

(b) the Surveyor-General who shall be the

secretary;

(c) the Director-General of the National Mapping

and Hydrographic Authority;

(d) the National Director of Surveys;

(e) one County Director of Surveys nominated by

the Council of Governors; (f) one land surveyor nominated by the National

Land Commission;

(g) one land surveyor from the Institution of

Surveyors of Kenya;

(h) one representative from the Independent

Electoral and Boundaries Commission;

(i) Eight other persons, appointed by the Cabinet

Secretary as follows─ (i) one nominated by the Cabinet Secretary

responsible for water from amongst the

water service providers;

(ii) one Land Surveyor nominated by the

Cabinet Secretary responsible for

education from amongst universities

accredited under the Land Surveyors

Registration Act, 2021 to offer degrees

in land surveying;

(iii) one person nominated by the Cabinet

Secretary responsible for forestry,

environment or agriculture;

(iv) one person nominated by the Cabinet

Secretary responsible for energy from

amongst the electricity distribution

providers;

(v) one person nominated by the Cabinet

Secretary responsible for ICT;

(vi) one person nominated by the Cabinet

Secretary responsible for national

statistics;

(vii) one person nominated by the Cabinet

Secretary responsible for mining; and

(viii) one person nominated by the Cabinet

Secretary responsible for transport,


62

infrastructure, housing, urban

development and public works; Tenure 88. (1) A member of the Kenya National Spatial

Data Infrastructure Committee, under subsection

87(1)(i) shall hold office for a term of three years

but shall be eligible for re-appointment for one

further term.

(2) A member, other than an ex officio member

of "the KNSDI committee may—

a) at any time resign from office by notice, in

writing, to the Cabinet Secretary;

b) be removed from office by the Cabinet

Secretary on recommendation of the

KNSDI committee if that member—

i. has been absent from three consecutive

meetings of the KNSDI committee without

the permission of the chairperson;

ii. is convicted of a criminal offence and


months or more without an option of a fine;

iii. becomes, for any reason including infirmity,

incompetent or incapable of performing the

functions of the office; or

iv. has left the organization in which he was

appointed from or is otherwise unable or

unfit to discharge his functions.

(3) The secretariat of the Kenya National Spatial

Data Infrastructure Committee shall be at the Surveyor-

General’s office and shall be supported by such staff as

may be necessary for the performance of the committee

functions.


63

Functions of the Kenya National Spatial Data Infrastructure Committee.

89. (1) The Kenya National Spatial Data

Infrastructure Committee shall─

(a) be the inter-agency committee responsible for

the development, coordination and

implementation of the Kenya National Spatial

Data Infrastructure;

(b) Advice the Cabinet Secretary on the

development and maintenance of the Kenya


(c) advice the Cabinet Secretary on the

enforcement and compliance guidelines for

submission of metadata subject to any

subsisting copyright from data providers;

(d) coordinate the uploading of geospatial data and

creation of metadata by partner agencies;

(e) organize such Technical Working Groups

focused on different thematic areas for the

effective performance of its functions;

(f) advice the cabinet secretary on training and

capacity building on Kenya National Spatial

Data Infrastructure;

(g) resolve conflicts from users arising from using

geospatial data supplied through Kenya


(h) recommend to the Cabinet Secretary to co-opt

experts or persons with special skills necessary

for the performance of their functions.


64

Meetings of the Kenya National Spatial Data Infrastructure Committee.

90. (1) The Kenya National Spatial Data

Infrastructure Committee shall meet not less than

four times in a year at such times and places as the

chairperson may determine.


Committee shall develop their own procedure.

(3) The members of the Kenya National Spatial Data

Infrastructure Committee shall be paid such allowances

as may be determined by the Cabinet Secretary in

consultation and on the advice of the Salaries and

Remuneration Commission.

Resolution of complaints.

91. (1) Subject to section 99(4), a user or data

vendor shall make a complaint relating to any

deficiency in the quality of geospatial data within

fourteen days of noticing the deficiency.

(2) The secretary shall submit the complaint to the

Kenya National Spatial Data Infrastructure Committee

for consideration and determination.


Committee shall determine the complaint within three

months of receiving the complaint.

Actors within the Kenya National Spatial

Data Infrastructure.

92. (1) The actors within the Kenya National Spatial

Data Infrastructure shall include─

. (a) data owners who shall be responsible for the

production of geospatial data and own the

copyright of the data unless otherwise agreed, in

writing;

(b) data custodians shall be persons or organizations

responsible for the production, storage,

management and distribution of geospatial data on

behalf of a data owner;


65

(c) data vendors who shall be persons or

organizations responsible for the sale of geospatial

data on behalf of a data owner or data custodian;

and

(d) data users who shall be persons or organizations

who uses geospatial data.

(e) data producers who shall be persons or

organizations which produce or create geospatial

data. Capture and publication

of metadata. 93. (1) A data custodian shall─

(a) capture and maintain metadata for any

geospatial data the custodian holds in

accordance with this Act; and

(b) ensure that the metadata is available to users by

availing the metadata to the Authority in the

prescribed manner, for inclusion in the

electronic metadata catalogue.

(2) The Cabinet Secretary may, by notice in the

Gazette, exempt any data custodian or any type of

exercise generally or in a particular instance from any

provision relating to the capture or maintenance of

geospatial data made in in accordance with this Act.


66

Access to geospatial data.

No. 31 of 2016 No. 24 of 2019

94. A person may access data on the Kenya

National Spatial Data Infrastructure subject to the

Access to Information Act, 2016 and the Data

Protection Act, 2019.

. Supply of and

accountability for geospatial data.

95. (1) A data custodian may, appoint a data vendor

to supply products derived from the data

custodian’s dataset in the prescribed manner but

shall be accountable for the integrity of unmodified

geospatial data which is supplied by the data vendor

in accordance with this Act.

(2) A data custodian or a data vendor supplying

geospatial data shall provide the data in the prescribed

manner together with the relevant metadata and the

geospatial data.

Confidentiality, privacy

and liability. 96. (1) A person may access data available on the

Kenya National Spatial Data Infrastructure in

accordance with section 94 except geospatial data

related to national security, which shall be

confidential and may only be shared at the

discretion of the data owner.

(2) A data custodian or owner shall not be

accountable for the integrity of data that has been

modified by a user.

(3) A data custodian or owner shall have immunity

against any liability arising from unlawful use of a

dataset. (4) A person shall not be liable for anything done in

good faith in the exercise, performance or purported

exercise or performance of any power or duty under this

Act.

Copyright. 97. (1) A geospatial data owner shall own copyright

of the data unless otherwise stated.

(2) A data producer shall, in the case of value-added

data, own the copyright of the new data subject to any


67

prior agreement with the original owner and shall

acknowledge the source of the original data.

(3) A data producer shall own the copyright for

integrated datasets, on condition that permission has

been obtained from the copyright holder of the

individual fundamental dataset.

(4) A data custodian or owner and user shall, prior to

the utilization of any geospatial dataset to which the

user has gained access, enter into a licensing agreement

with regard to the use of the dataset.

(5) The licensing agreement referred to in subsection

(4) shall provide for─

(a) the duration of the agreement;

(b) the legal protection of the copyright of the State

and any other interested party;

(c) maximum number of permitted users within the

organization where an organization is the

beneficiary of the agreement; and

(d) any other provisions that the parties may deem

necessary.

(6) A user shall not supply data to a third party unless

the supply is provided for in a licensing agreement

between the user and the data owner.

(7) A person who uses geospatial data from a data

owner without acknowledging the source of the

geospatial data commits an offence and shall be liable

on conviction to a fine not exceeding two hundred and

fifty thousand shillings or to imprisonment for a term

not exceeding three months or to both.


68

Collaborative Maintenance Agreement.

98. (1) A data custodian may exchange geospatial

data with the Authority or other data custodians

through a collaborative maintenance agreement

providing for the regular updating of fundamental

datasets within an agreed period.

(2) A collaborative maintenance agreement shall

contain─ (a) format and medium to be used in providing the

updated geospatial data;

(b) duration of the agreement;

(c) stipulate the frequency with which updated

versions of the Fundamental datasets in

question shall be provided;

(d) legal protection of the copyright of the state and

other interested parties; and

(e) any other provision that the parties may

consider necessary and as may be prescribed.

(3) A data custodian of a fundamental dataset shall,

in the absence of an agreement contemplated in this

section, furnish all updates of geospatial data of the

fundamental dataset to the data custodian of a

derivative dataset, within a prescribed period in order

to ensure synchronized updates of the two datasets.

(4) A data custodian of a derivative dataset shall

update the dataset within a prescribed period after

receiving an update of the fundamental dataset.

(5) The data custodian of a fundamental dataset shall

render all reasonable assistance to the data custodian of

data derived from a fundamental dataset to update a

data set as required under subsection (4).


69

Reporting on data quality.

99. (1) A user or data vendor shall report any

deficiency in the quality of geospatial data to the

data custodian or the data vendor who supplied the

information, within fourteen days of discovering

the deficiency.

(2) The user or data vendor shall provide specific and

sufficient information in the report to enable the data

custodian or data vendor who supplied the geospatial

data to identify the record concerned and shall specify

what the record should contain.

(3) The data custodian or data vendor shall respond

to the user or data vendor who made a report under

subsection (1) within fourteen days, of receiving the

report.

(4) If a data custodian or data vendor does not

respond after the expiry of the fourteen days, the user

or data vendor may refer the matter to the Secretary of

the Kenya National Spatial Data Infrastructure

Committee.

(5) Upon receipt of the complaint in (4), the Kenya

National Spatial Data Infrastructure Committee may

take any remedial action it considers necessary or

expedient.

Security of geospatial data.

100. A data custodian shall

(a) take reasonable steps to effect adequate and

appropriate security measures to protect

against any loss of geospatial data in its

custody;

(b) prevent any unauthorized or unlawful access to

and modification or disclosure of that

geospatial data; and


70

(c) ensure the protection of the copyright of the

State and other interested parties in the

geospatial data in its custody.

PART X – THE KENYA NATIONAL

HYDROGRAPHIC COMMITTEE Establishment of the Standing Committee Kenya National Hydrographic Committee.

101. There is established a Standing Committee to

be known as the Kenya National Hydrographic

Committee.

Functions of the Hydrographic committee

102. The Hydrographic Committee shall -

a) create awareness on the importance of hydrography

and nautical charting;

b) advice on policies, guidelines, and procedures in

respect of hydrographic services in the country

c) advice the cabinet secretary on critical areas for

carrying out hydrographic surveys;

d) advice the cabinet secretary on training needs in

hydrographic surveying.

Membership of the Hydrographic committee

103. (1) The Hydrographic Committee shall

consist of 15 members as follows:

a) the chairperson appointed by the cabinet

secretary from subsection 103(c)

b) the Surveyor-General who shall be the

secretary;

c) The Director-General of the Authority;

d) twelve other persons, appointed by the Cabinet

Secretary as follows- (i) One County Director of Surveys nominated by the

Council of Governors;

(ii) a representative of the Kenya Navy;

(iii)a representative of the Kenya Ports Authority;

(iv) a representative of Kenya Marine and Fisheries

Research Institute

(v) a representative of Kenya Meteorological Service

(vi) a Land Surveyor from the National Land

Commission;


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(vii) a representative of the Kenya Maritime

Authority

(viii) a representative of the Ministry responsible for

Environment;

(ix) a representative of the Ministry responsible for

Transport;

(x) a representative of the Ministry responsible for

Mining;

(xi) One Land Surveyor from the Institution of

Surveyors of Kenya; and

(xii) One Land Surveyor on the advice of the Cabinet

Secretary in charge of Education from Universities

accredited to offer degrees in Land Surveying

recognized under the Land Surveyors Registration

Act. (3) The members under subsection 103(1)(c)

shall be appointed in writing. (4) The Committee may recommend to the

Cabinet Secretary to co-opt experts or

persons with special skills.


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Meetings of the Hydrographic committee

104. (1) The Hydrographic committee shall meet

not less than four times in a year at such times and

places as the chairperson may determine.

(2) The chairperson may at any time on reasonable

grounds and on notice of the purpose of the meeting

convene a special meeting of the Hydrographic

Committee to be held on a date and place that he/she

determines.

(3) The Hydrographic committee shall develop

their own procedure that regulate their meetings.

(4) The Hydrographic committee shall be paid such

allowances as may be determined by the Cabinet

Secretary in consultation with the Salaries and

Remuneration Commission. Tenure and vacation of office

105. (1) A member of the Hydrographic

committee, except an ex officio member, shall hold

office for a term of three years but shall be eligible

for re-appointment for one further term.

2) A member, other than an ex officio member of

the Hydrographic committee may—

a) at any time resign from office by notice,

in writing, to the Cabinet Secretary;



Hydrographic Committee if that member—


meetings of the Hydrographic committee

without the permission of the chairperson;




iii. becomes, for any reason including

infirmity, incompetent or incapable of

performing the functions of the office;


appointed from or is otherwise unable or unfit

to discharge his functions.


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Secretariat of the Hydrographic Committee

106. (1) The Hydrographic committee shall draw

its secretariat from the Surveyor-General.

(2) The secretary shall subject to the direction of the

hydrographic committee and shall be responsible

for the day to day management of the committee.

PART XI – THE STANDING COMMITTEE ON

GEOGRAPHICAL NAMES

Establishment of the Standing Committee on Geographical Names.

107. (1) There is established a Standing Committee

to be known as the Geographical Names

Committee.

(2) The Committee shall consist of─

(a) the Surveyor-General, who shall be the

secretary of the Committee;

(b) the Director-General of the Authority.

(c) twelve other members appointed by the Cabinet

Secretary, in writing, of whom─

(i) a representative from Ministry responsible

for land surveying and mapping;

(ii) a County Director of Surveys nominated by

the Council of Governors;

(iii) a representative of the National Land

Commission;

(iv) a representative from the Department of

Defence;

(v) a representative from the Communications

Authority of Kenya;

(vi) a representative from the Ministry

responsible for devolution;


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(vii) a representative from the Ministry

responsible for coordination of national

Government;

(viii) a representative from the Attorney General’s

office;

(ix) a representative from the Ministry

responsible for transport and infrastructure;

(x) a representative from the Independent

Electoral and Boundaries Commission;

(xi) a representative from the body responsible

for National Statistics;

(xii) a representative of the National Museums of

Kenya; and

Tenure and vacation of

office 108. (1) A member of the Geographical Names

Committee, except an ex officio member, shall hold

office for a term of three years but shall be eligible

for re-appointment for one further term.

(2) A member, other than an ex officio

member of the Geographical Names committee

may—

a) at any time resign from office by notice,

in writing, to the Cabinet Secretary;



Geographical Names Committee if that

member—


meetings of the Geographical Names

Committee without the permission of the

chairperson;





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iii. becomes, for any reason including

infirmity, incompetent or incapable of

performing the functions of the office;


appointed from or is otherwise unable or unfit

to discharge his functions.

(3) The Committee may recommend to the Cabinet

Secretary to co-opt experts or persons with special

skills necessary for the performance of their

functions.

Functions of the Geographical Names Committee

109. (1) The Geographical Names Committee shall

be responsible for—

(a) approving geographical names;

(b) developing guidelines on geographical names;

and

(c) advising the Cabinet Secretary as to the

standardization and spelling of all geographic

names on maps of Kenya having due regard to

historical, orthographical and ethnic

considerations. Meetings of the Geographical Names Committee.

110. (1) The Geographical Names Committee shall

meet at least four times in a year at such places as

the chairperson may determine.

(2) The Geographical Names Committee shall

regulate their procedure.

(3) The members shall be paid such allowances as

may be determined by the Cabinet Secretary on the

advice of the Salaries and Remuneration Commission.


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Requests for use of a geographical name.

111. (1) A person or organization who intends to

use a geographical name or name a physical feature

shall apply to the Geographical Names Committee

in writing for approval. (2) The Geographical Names Committee shall

determine an application under subsection (1) within

three months from the date of receipt of an application. (3) A person or organization who uses a geographical

name or names a physical feature without the approval

of the Geographical Names Committee commits an

offence and is liable on conviction to a fine not

exceeding two hundred thousand shillings or to

imprisonment for a term not exceeding three months or

to both. PART XII ─ MISCELLANEOUS PROVISIONS Protection from

liability. 112. The Surveyor-General, the National Director

of Surveys, the County Director of Surveys, the

Board members of the National Mapping and

Hydrographic Authority, the Council members of

the Kenya Institute of Surveying and Mapping or

any officer or agent working under the offices

established under this Act shall not be personally

liable to any action or other proceeding for or in

respect of any act or matter done in good faith in the

exercise or performance, or the purported exercise

or performance, of any powers, duties or functions

conferred by this Act or by any regulations made

there under.

Offences. 113. (1) A person who willfully obstructs or

hinders a land surveyor, or his agent or servant, in

the performance of any duty or the exercise of any

power under this Act commits an offence and shall

be liable on conviction to a fine not exceeding one

hundred thousand shillings or to imprisonment for

a term not exceeding three months or to both such

fine and imprisonment.

(2) A person who publishes, sells, transmits or

disseminates an unofficial map of Kenya or part thereof

while purporting that the map is official commits an


77

offence and shall be liable on conviction to a fine not

exceeding five hundred thousand shillings or to

imprisonment for a term not exceeding six months or to

both such fine and imprisonment.

General penalty. 114. A person who commits an offence under this

Act for which no specific penalty is provided for

shall be liable on conviction, unless otherwise

specified in that section, to a fine not exceeding one

hundred thousand shillings or imprisonment not

exceeding three months or to both such fine and

imprisonment.

Regulations. 115. The Cabinet Secretary upon consultation with

the Land Surveyors Board may make regulations

prescribing—

(a) the manner in which land surveys shall be

carried out;

(b) the manner and form in which the records of

land surveys shall be prepared and furnished to

the National Director of Surveys and the

Director-General;

(c) the standards of accuracy and specifications to

be achieved, and the limits of error allowed in

surveys and resurveys of land;

(d) the nature, form and dimensions of survey

marks, the manner of marking the same for

identification and the manner of their

construction, erection, protection, maintenance

and repair;

(e) the testing, calibration and certification of

surveying instruments to be used in the survey

of land;

(f) the unit of measurement which shall be used on

plans;


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(g) the fees and charges to be made for the

undertaking of any land survey and mapping

services by the National Director of Surveys,

County Director of Surveys and the Director-

General;

(h) the fees payable for authentication of plans

under this Act;

(i) the fees or charges payable in respect of any

plan or document issued, or any act or matter

required or permitted to be performed or dealt

with by the National Director of Surveys and the

Director-General;

(j) the circumstances in which any person may

inspect any unpublished plan in the possession

of the National Director of Surveys;

(k) matters relating to the direction and guidance of

land surveyors;

(l) the format for the submission of survey

computations;

(m) the width of riparian reserves;

(n) the guidelines and the procedures of carrying

out as built surveys;

(o) the guidelines and the procedures of carrying

out aerial surveys;

(p) the guidelines and the procedures of carrying

out sectional property surveys;

(q) the manner in which plans and maps shall be

approved before publishing;


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(r) the manner and procedure for the allocation of

parcel numbers;

(s) the standards and prescriptions to facilitate the

sharing and integration of geospatial data and

metadata;

(t) the manner and specification for the capturing

of geospatial data including any application for

exemption from such manner or specification;

(u) measures relating to the avoidance of

duplication of capture, safeguarding the

integrity of captured geospatial data, and access

to and distribution of geospatial data;

(v) the management and maintenance of

hydrographic records which include source

documents, original surveys, nautical

publications and nautical charts;

(w) determining minimum standards in respect of—

(i) access to, transfer and sharing of the nautical

publications and nautical charts and any

other relevant information;

(ii) the rules and guidelines for securing the

integrity and authenticity of the nautical



(iii) the storage or archiving of nautical



(iv) the remedial measures in the event of loss of

nautical publications and nautical charts and

any other relevant information; and


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(v) any other matter required for the adequate

protection, management and control of such

information.

(x) anything which under this Act may be

prescribed, and generally as to any matter

appertaining to the surveying and mapping of

land, and for carrying out the intent and purpose

of this Act.

Repeal of Survey Act, Cap. 299

116. The Survey Act is repealed.

Transitional provisions. 117. (1) The provisions of the Fourth Schedule

shall, upon the repeal of the Survey Act, have effect

with respect to the transfer of the functions,

employees, assets and liabilities of Survey of Kenya

[now defunct] to the National Directorate of

Surveys, the National Mapping and Hydrographic

Authority and the Kenya Institute of Surveying and

Mapping, as the case may be, and to all matters

incidental to such transfer.

FIRST SCHEDULE

[Section 17.]

PROVISIONS RELATING TO MEETINGS OF THE BOARD

1. The Board shall meet not less than four times in every financial year and

not more than 4 months shall elapse between the date of one meeting

and the next meeting.

2. The chairperson shall within seven days of receipt of an application of

at least a majority of the members convene a special meeting of the

Board.

3. Other than a special meeting, or unless three quarters of members agree,

at least fourteen days’ written notice of every meeting of the Board shall

be given to every member of the Board by the secretary.

4. The quorum at a meeting of the Board is two thirds of the members or a

greater number determined by the Board in respect of an important

matter.


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5. The chairperson shall preside at the meetings of the Board and in his

absence the vice-chairperson, and in his absence, the members shall

elect a chairman from amongst themselves to preside at the meeting.

6. The matters of the Board shall be decided by a majority of the members

present and voting and in the event of equality of votes, the person

presiding shall have a casting vote.

7. The proceedings of the Board shall not be invalidated by reason of a

vacancy among the members or a defect in the appointment or

qualification of a member.

8. Except as provided by this Schedule, the Board may regulate its own

procedures.

9. The seal of the Board shall be authenticated by the signature of the

chairperson and the secretary and any document required by law to be

made under seal and all decisions of the Board shall be authenticated by

the chairperson and the secretary.

10. (1) If a member is directly or indirectly interested in any contract,

proposed contract or other matter before the Board and is present at a

meeting of the Board at which the contract, proposed contract or other

matter is the subject of consideration, that member shall, at the meeting

and as soon as practical after the commencement thereof, disclose the

fact and shall not take part in the consideration or discussion of, or vote

on, any questions with respect to the contract or other matter, or be

counted in the quorum of the meeting during the consideration of the

matter:

11. Provided that, if the majority of the members present are of the opinion

that the experience or expertise of such member is vital to the

deliberations of the meeting, the Board may permit the member to

participate in the deliberations subject to such restrictions as it may

impose but such member shall not have the right to vote on the matter

in question. (2) A disclosure of interest made under this paragraph shall

be recorded in the minutes of the meeting at which it is made.

SECOND SCHEDULE

[Section 36]

PROVISIONS RELATING TO MEETINGS OF THE COUNCIL

1. The Council shall meet not less than four times in every financial

year and not more than 4 months shall elapse between the date of

one meeting and the next meeting.


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2. At the first meeting of the Council, the members shall elect a vice-

chairperson, not being an ex-officio member, from among its

members.

3. The chairperson shall within seven days of receipt of an application

of at least a majority of the members convene a special meeting of

the Council.

4. Other than a special meeting, or unless three quarters of members

agree, at least fourteen days’ written notice of every meeting of the

Council shall be given to every member of the Council by the

secretary.

5. The quorum at a meeting of the Council shall be two thirds of the

members or a greater number determined by the Council, in respect

of an important matter.

6. The Chairperson shall preside at the meetings of the Council and in

the absence the vice-chairperson, and in his absence, a member of

the Council elected by the members present from among their

number shall preside.

7. The matters of the Council shall be decided by a majority of the

members present and voting and in the event of equality of votes,

the person presiding shall have a casting vote.

8. The proceedings of the Council shall not be invalidated by reason of

a vacancy among the members or a defect in the appointment or

qualification of a member.

9. Subject to the provisions of this Schedule, the Council may

determine its own procedure and the procedure for any committee of

the Council and for attendance of any other persons at the meetings

and may make standing orders in respect thereof.

10. The seal of the council shall be authenticated by the signature of the

chairperson and the secretary and any document required by law to

be made under seal and all decisions of the council may be

authenticated by the chairperson and the secretary.

11. (1) If a member is directly or indirectly interested in any decision to

be taken or any specific matter before the Council and is present at

a meeting of the Council at which the matter is the subject of

consideration, that member shall, at the meeting and as soon as

practical after the commencement thereof, disclose the fact and shall

not take part in the consideration or discussion of, or vote on, any

questions with respect to the contract or other matter, or be counted

in the quorum of the meeting during the consideration of the matter:

Provided that, if the majority of the members present are of the

opinion that the experience or expertise of such member is vital to


83

the deliberations of the meeting, the Council may permit the member

to participate in the deliberations subject to such restrictions as it

may impose but such member shall not have the right to vote on the

matter in question. (2) A disclosure of interest made under this

paragraph shall be recorded in the minutes of the meeting at which

it is made.

THIRD SCHEDULE

[Section 85]

PROVISIONS RELATING TO RIPARIAN RESERVES

1. Rivers

a) On all rivers a reservation of not less than 30 metres in width above

the ordinary high-water mark shall be made for public purposes.

b) On all streams of width between 3 and 10 metres a reservation of not

less than 10 metres in width from the water edge at ordinary high-

water mark shall be made for public purposes. However, variations

will depend on prevailing parameters set out in the regulations.

c) All streams of not more than 3 metres in width shall have a

reservation of not less than 6 metres in width from the water edge at

the ordinary high-water mark which shall be made for public

purposes.

2. Oceans

Where land is fronting on the seacoast, a strip of land not less than 60 metres

in width shall be reserved above the ordinary high-water mark for public

purposes.

3. Lakes

a) where land is fronting on a lake, a reservation of not less than 30

metres in width from the water edge at ordinary high-water shall be

made for public purposes; and

b) For lake Naivasha, the riparian reserve will be as per contour 6210

feet above the mean sea level.

4. Dams


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a) For small dams up-to 15 metres in height a reservation of a minimum

of 10 metres above the maximum water level shall be reserved for

public purposes; and

b) For large dams beyond 15 metres in height a reservation of a

minimum of 30 metres above the maximum water level shall be

reserved for public purposes.

5. Swamps and Springs

a) Swamps with a width or length greater than 150 metres should be

surveyed and surrendered for public use.

b) For a spring, a minimum radius of 6 metres from the centre of the

spring shall be reserved for public purposes.

6. Exceptions

A riparian reserve exception shall be required for development activities that

fall within the protected areas. For a riparian exception to be approved, the

following findings should be made:

a) That there are special circumstances or conditions affecting the

property;

b) That the exception is necessary for the proper design and function of

some permitted or existing activity on the property;

c) That the granting of the exception will not be detrimental to the

public welfare or injurious to the other property downstream or in

the area in which the project is located; and

d) That the granting of the exception, in the coastal zone, will not

reduce or adversely impact the riparian corridor, and there is no

feasible less environmentally damaging alternative.

Certain activities that could be exempted include:

a) Continuance of a pre-existing use (both agricultural and non-

agricultural); and

b) Drainage, erosion control, or habitat restoration required as a condition

of County approval of a project.


85

The exceptions shall be as tabulated below.

Exceptions Recommended Width

Waterways which supply the water and food needs of local

communities

100 metres

Reserves that are upstream of conservation areas or are

significant breeding grounds for fish and aquatic life

100 metres

Reserves that are important wildlife corridors, support rare,

threatened, and endangered species of economic importance

to local communities

> 200 metres

FOURTH SCHEDULE

[Section 117]

TRANSITIONAL PROVISIONS

1. Interpretation

In this Part, unless the context otherwise requires;

“assets” include all property movable or immovable and all estates,

easements and rights whether equitable or legal in, over or out of property,

choses-in-action, money or goodwill of the Survey of Kenya [now defunct]

whether situated in Kenya or elsewhere;

“Authority” means the National Mapping and Hydrographic Authority

established under section 11 of this Act;

“Directorate” means the National Directorate of Surveys headed by the

National Director of Surveys appointed under Section 3 of this Act;

“inaugural date” means the dates of inauguration of the various authorities

established under this Act, which dates shall fall within the period of twelve

months after the commencement of this Act, on which a body shall be

declared by the Cabinet Secretary to assume full responsibility of the roles

falling within their mandate by virtue of this Act;

“Institute” means the Kenya Institute of Surveying and Mapping established

under section 30 of this Act;

“liabilities” means liabilities, debts, charges, duties and obligations of every

description, whether present or future, actual or contingent, and whether to

be observed or performed in Kenya or elsewhere;


86

“rights” means all rights, powers, privileges and immunities whether actual,

contingent or prospective, whether observed or performed in Kenya or

elsewhere;

“Survey of Kenya” means the Survey of Kenya established under the Survey

Act (now repealed);

“vesting day” means the day specified by the Minister for Finance under

section 7 of this Schedule; and

“vesting order” means the order specified by the Minister for Finance under

section 7 of this Schedule.

2. Interim Management Committee (IMC)

Upon commencement of this Act, the Cabinet Secretary shall establish an

Interim management Committee to assist him/her to manage the transfer of

functions, employees, assets, liabilities, powers, rights, ongoing works or

projects to the National Directorate of Survey, the Authority and the

Institute. The mandate of the Interim Management Committee shall lapse

upon operationalisation of this Act.

3. Transfer of functions

(1) On the inaugural date for the Authority, all functions of the Survey of

Kenya pertaining to geodetic control, topographic surveys, bathometric

surveys, hydrographic surveys and geospatial surveys shall be deemed to

have been transferred, assigned to the Authority.

(2) On the inaugural date for the Institute, all functions of the Survey of

Kenya pertaining to training, research and capacity building shall be deemed

to have been transferred or assigned to the Institute.

(3) On the inaugural date for the Directorate, all functions of the Survey of

Kenya pertaining to Cadastral Survey shall be deemed to have been

transferred or assigned to the Directorate.


87

4. Transfer of rights, powers, etc.

(1) All rights, powers, liabilities and duties, whether arising under any

written law or otherwise, which immediately before the commencement of

this Act were vested in, imposed on or enforceable against the Government

in respect of Surveying and Mapping shall, on the respective inaugural dates

be transferred to, vested in, imposed on or be enforceable against the

Authority, the Institute and the Directorate as the case may be.

(2) All rights, powers and liabilities relating directly to Surveying and

Mapping, whether arising under any written law or otherwise, which

immediately before the commencement of this Act were vested in, imposed

on or enforceable against Survey of Kenya in respect to geodetic control,

topographic surveys, bathometric surveys, hydrographic surveys and

geospatial surveys shall, on the inaugural date for the Authority, be

transferred to, vested in, imposed on or be enforceable against the Authority.

(3) All rights, powers and liabilities relating directly to Surveying and

Mapping, whether arising under any written law or otherwise, which

immediately before the commencement of this Act were vested in, imposed

on or enforceable Survey of Kenya pertaining to Cadastral Survey shall, on

the inaugural date for the Directorate, be transferred to, vested in, imposed

on or be enforceable against the Directorate.

5. Directions, orders issued before commencement

(1) All lawful directions, orders, rules, authorizations and other things

published, made, given or done by Survey of Kenya relating to geodetic

control, topographic surveys, bathometric surveys, hydrographic surveys

and geospatial surveys, or subsidiary legislation thereunder, subsisting at the

inaugural date shall on and after that day be deemed to have been published,

given, made or done by the Authority.

(2) All legal directions, orders, rules, authorizations and other things

published, made given or done by Survey of Kenya relating to training,

research and capacity building, or subsidiary legislation thereunder

subsisting at the inaugural date, shall on and after that day be deemed to

have been published, given, made or done by the Institute.


88

(3) All legal directions, orders, rules, authorisations and other things

published, made, given or done by Survey of Kenya in relation to Cadastral

Survey, or subsidiary legislation thereunder subsisting at the inaugural date

shall on and after that day be deemed to have been published, given, made

or done by the Directorate.

6. Acts or action performed before commencement of this Act

(1) Any legal act or thing done or purported to be made or done or any act

or thing omitted to be done on behalf of or in the name of the Survey of

Kenya prior to the inaugural date of any of the bodies established under this

Act by any person acting in good faith and with due or apparent authority in

that behalf shall be deemed to be an act or thing made or done or omitted to

be done, as the case may be, by the concerned Institution.

(2) Any legal act or thing done or purported to be made or done or omitted

to be done on behalf of or in the name of Survey of Kenya as relates directly

to Surveying and Mapping, prior to the inaugural date of the Authority, the

Institute or the Directorate by any person acting in good faith and with due

or apparent authority in that behalf shall be deemed to be an act or thing

made or done or omitted to be done, as the case may be, by the Authority,

the Institute or Directorate, as the case may be.

(3) All legal directions, orders, rules, authorization and other things

published, made, given or done by Survey of Kenya in relation to Surveying

and Mapping, or subsidiary legislation thereunder subsisting at the inaugural

date shall on and after that date be deemed to have been published, given,

made or done by the Authority, the Institute or the Directorate, as the case

may be.

7. Transfer of assets and liabilities of Survey of Kenya (now defunct)

(1) The Cabinet Secretary for Finance, in consultation with the Cabinet

Secretary for Lands, may by notice in the Gazette, specify the date or dates

and the manner in which the assets and liabilities of Survey of Kenya shall

be transferred to and vested in—


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(a) the Authority, in respect of assets and liabilities relating to geodetic

control, topographic surveys, bathometric surveys, hydrographic surveys

and geospatial surveys;

(b) the Directorate, in respect of assets and liabilities relating to cadastral

survey; and

(c) the Institute, in respect of assets and liabilities relating to provision of

training and capacity building services.

(2) References in this Schedule to assets and liabilities of Survey of Kenya

shall be references to all such assets and liabilities, whether or not capable

of being transferred or assigned by Survey of Kenya.

(3) A notice under subsection (1) shall specify the assets and liabilities of

Survey of Kenya which are to be transferred to the Authority, the

Directorate, or the Institute, as the case may be.

(4) If, on the inaugural day, any suit, appeal, arbitration or other proceedings

of whatever nature and wheresoever instituted in relation to the business of

Survey of Kenya which is by virtue of this section, transferred to the

Authority, Directorate, or, the Institute, as the case may be, shall not abate,

be discontinued or be in any way prejudicially affected by reason of such

transfer of the business of Survey of Kenya or of anything contained in this

Act, and any suit, appeal arbitration or other proceedings shall be continued,

and enforced by or against the Authority, Directorate or, the Institute, as the

case may be.

(5) In the case of assets and liabilities arising under any loans which vest in

the Authority, the Directorate or the Institute, as the case may be on the

vesting day, the Authority, the Directorate or the Institute as the case may

be, may enter into such arrangements or agreements over such rights and

liabilities with the Government or any other third party.

(6) Any assets and liabilities of Survey of Kenya which are not to be vested

either in the Authority, the Directorate or the Institute as the case may be,

shall be disposed of in such manner as the Cabinet Secretary for Finance

shall determine.


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8. Updating of records

Every public officer having the power or duty to effect or amend any entry

in a register relating to property, or to issue or amend any certificate upon

request made by or on behalf of an Institution, shall do all such things as are

by law necessary to give final effect to the transfer of property mentioned in

any order made under this Schedule.

9. Employees

(1) Upon the commencement of this Act the various Institutions shall assess

the members of staff of Survey of Kenya and select officers therefrom.

(2) Any person assessed and engaged as an officer of any Authority under

subparagraph (1) shall be deemed to be in continuous service for purposes

of the pensions laws.

(3) Any officer who is assessed and engaged by an Authority under

subparagraph (1) who was on the date of the commencement of this Act a

member of any statutory or voluntary pension scheme or provident fund,

shall for the purpose of this Act, continue to be governed by the same

regulations governing those schemes or funds and his/her service with the

respective Authority shall be deemed to be eligible service for the purposes

of the pension scheme or provident fund.

(4) Every person who at the commencement of this Act is an employee of

the Survey of Kenya, not being under notice of dismissal or resignation,

shall on the vesting day, become an employee of the Authority, the

Directorate or the Institute, as the case may be.

(2) Where on the inaugural day—

(a) any disciplinary proceedings against any employee of the Survey of

Kenya, are in the course of being heard or instituted, or have been heard or

investigated by the Survey of Kenya but no order or decision has been made

thereon; or

(b) any such employee is interdicted or suspended, the Authority, the

Directorate or the Institute, as the case may be, shall—


91

(i) in the case of paragraph (a), carry on and complete the hearing or

investigation and make an order or render a decision, as the case may be;

and

(ii) in the case of paragraph (b), deal with such employee in such manner as

it thinks appropriate having regard to the offence committed by him,

including the completion of disciplinary proceedings making of an order or

the rendering of a decision, as the case may be, as if such disciplinary

proceedings have been commenced by the Authority, the Directorate or the

Institute, as the case may be.

(3) Where on the vesting day, any penalty (other than dismissal) has been

imposed on any employee of the Survey of Kenya pursuant to disciplinary

proceedings against him and the penalty has not been, or remains to be,

serviced by such employee, he shall on his transfer to the Authority, the

Directorate or the Institute, as the case may be, under subsection (1) serve

or continue to serve such penalty to its full term as if it had been imposed

by the Authority, the Directorate or the Institute as the case may be.

(4) Upon commencement of this Act, all employees currently engaged by

Survey of Kenya in the provision of training and capacity building services

shall be deemed to be employees of the Institute.

10. Residual staff

Staff of the Survey of Kenya assessed but not selected shall report to their

respective Authorized Officers for further advice.

11. Secondment/deployment of staff

The existing staff of Survey of Kenya and the Institute shall be deployed or

seconded to the Authority, the Directorate or the Institute in line with the

existing laws, government circulars and Public Service Commission

guidelines and procedures on deployment and secondment of staff.

12. Records transfer

With effect from the transfer and vesting date, all documents, records and

admissions, digital or otherwise, in relation to past and on-going contracts

and consultancies’ which would, before that date, have been evidence in

respect of any matter for or against Survey of Kenya shall be deemed to be


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transferred to the relevant institution and shall be admissible evidence for or

against that institution.

Date post:	01-Feb-2022
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THE LAND SURVEYING AND MAPPING BILL, 2021 ... - lands.go.ke

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