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THE STAMP DUTY REGULATIONS
ARRANGEMENT OF REGULATIONS
| 3. |
Revenue franking machines
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| 5. |
Adjudication of stamp duty
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| 8. |
Contracts chargeable as conveyances on sale
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| 10. |
Certificate on unstamping instrument
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| 11. |
Procedure for obtainable allowance for spoiled and misused stamps
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| 12. |
No allowance for spoiled stamps in certain cases
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| 13. |
Forms may be modified for electronic transactions
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| 14. |
Notices may be served electronically
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SCHEDULES
| FIRST SCHEDULE — |
INSTRUMENTS UPON WHICH STAMP DUTY MAY BE PAID AND DENOTED BY MEANS OF ADHESIVE REVENUE STAMPS OR REVENUE STAMPS IMPRESSED BY A FRANKING MACHINE.
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| THIRD SCHEDULE [Reg. 12] — |
NO ALLOWANCE FOR SPOILED STAMPS IN CERTAIN CASES
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| FOURTH SCHEDULE — |
INSTRUMENTS UPON WHICH STAMP DUTY MAY BE PAID AND DENOTED BY MEANS OF REVENUE STAMPS IMPRESSED BY A FRANKING MACHINE
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THE STAMP DUTY REGULATIONS
| 1. |
Citation
These Regulations may be cited as the Stamp Duty Regulations.
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| 1A. |
Interpretation
In these Regulations, unless the context otherwise requires—
"certificate" includes a certificate in electronic form;
"electronic" has the same meaning assigned to it in section 2 of the Kenya Information and Communications Act (Cap. 411A);
"electronic form" has the same meaning assigned to it in section 2 of the Kenya Information and Communications Act (Cap. 411A);
"instrument" has the same meaning assigned to it in section 2 of the Land Registration Act (Cap. 300);
"notice" includes a notice in electronic form; and
"System" means the National Land Information System established under section 6(h) of the Land Act (Cap. 280).
[L.N. 152/2020, r. 2.]
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| 2. |
Payment of stamp duty
| (1) |
The stamp duty payable on any instrument specified in the First and Fourth Schedules may be paid and denoted by an adhesive revenue stamp affixed on the instrument or, subject to the provisions of regulation 3, by means of a revenue stamp impressed by a franking machine or by electronic means.
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| (2) |
The stamp duty chargeable on instruments under paragraph (1) shall be paid by electronic means or banker's cheque and denoted by an embossed stamp which shall be embossed manually or by electronic means on the instrument under the direction of a collector in such manner as the collector may require.
[L.N. 152/2020, r. 3.]
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| 2A. |
Unstamped receipts
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Notwithstanding anything contained in regulation 2, the Senior Collector of Stamp Duties may enter into an agreement with a banker for the composition of the stamp duty on unstamped receipts in respect of withdrawals from savings bank accounts on the following conditions—
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that the receipts shall be given on forms to be supplied or adopted by the banker;
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| (b) |
that the banker shall levy upon or charge to the person by whom the receipts are given the stamp duty mentioned in the Schedule to the Act;
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| (c) |
that the banker shall pay on or before the last day of each month to the Senior Collector of Stamp Duties the amount due and collected as duties on the unstamped receipts given during the immediately preceding month, and shall render with each payment an account in such form as the Senior Collector of Stamp Duties may require;
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| (d) |
that the banker shall deposit with the Senior Collector of Stamp Duties, as security for the due payment of any moneys payable under paragraph (c), such sum (if any) as the Senior Collector of Stamp Duties may direct.
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| (2) |
Receipts given on forms supplied or adopted by a banker in accordance with this regulation shall be deemed to be duly stamped.
[L.N. 239/1967.]
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| 3. |
Revenue franking machines
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The Senior Collector of Stamp duties may, by licence under his hand, authorize any person to impress revenue stamps on any instrument specified in the First Schedule by means of a revenue franking machine.
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| (2) |
A licence issued under this regulation shall be subject to such conditions as the Senior Collector of Stamp Duties may impose.
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| (3) |
An impression indicating the payment of duty made by a revenue franking machine used under a licence under this regulation shall contain the true date of the making of the impression.
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| (4) |
The franking of any instrument specified in the First Schedule by any duly authorized person as provided for in this regulation, if done in accordance with the terms of this regulation and of the licence, shall have the same effect as cancelling an adhesive revenue stamp on the date and to the value indicated by the franking.
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| (5) |
Any person, other than a person to whom a licence has been issued under this regulation, who impresses or causes to be impressed a revenue stamp on any instrument, and any person, being a person to whom a licence has been issued, who fails to comply with any condition of the licence, shall be guilty of an offence and liable to a fine not exceeding two thousand shillings.
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| 4. |
Denoting stamps
All instruments which are required to be denoted under section 16 of the Act shall be so denoted by having affixed thereto or impressed thereon, in addition to the proper stamp or stamps, a particular stamp, on which a collector shall denote the amount of the duty paid in respect of the principal instrument.
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| 5. |
Adjudication of stamp duty
| (1) |
An executed instrument, the adjudication of which is desired under either section 17 or subsection (3) of section 52 of the Act, shall be submitted to the collector, and in all cases a plain copy of the instrument shall accompany the original instrument.
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| (2) |
Where a number of transfers of stocks, shares or marketable securities between the same parties are presented for adjudication, then, notwithstanding the provisions of paragraph (1), a copy of one transfer may be furnished and a list of the others, showing for each the consideration and the number and description of the shares or securities or the amount and description of the stock.
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| (3) |
An application for adjudication shall be in Form A in the Second Schedule to these Regulations, and if made under section 17 of the Act shall be accompanied by the fee therein specified.
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| (4) |
Copies supplied with the application will not be returned.
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| (5) |
The collector may require such further information to be given to him as he may deem necessary in any particular case.
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| (6) |
When the duty has been assessed, a notice of provisional assessment shall be sent to the applicant, who, if he agrees to the amount, shall pay the duty in the manner directed by the notice.
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| (7) |
The instrument shall then be stamped with the duty assessed and with the adjudication stamp, and shall be returned to the applicant.
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| (8) |
If the collector considers that the instrument is already duly stamped, or is not liable to any duty, he shall cause the adjudication stamp to be impressed and shall return the instrument to the applicant.
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| (9) |
If the applicant dissents from the proposed assessment, he may submit to the collector a statement of his reasons for dissenting and his view of the basis upon which the instrument should be stamped.
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| (10) |
The submission of instruments, issuance of notices, applications, transfer of stocks shares or marketable securities under these Regulations shall be made electronically through the System.
[L.N. 152/2020, r. 4.]
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| 6. |
Certificates of time
An instrument first executed at any place out of Kenya shall bear a certificate endorsed on the face thereof, signed by the person presenting it, in the following form—
"Certified that this instrument was first received in Kenya on the ................. day of ...................., 20 ............................"
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| 7. |
Stamping out of time
An instrument presented for stamping by leave under section 20 of the Act shall be accompanied by an application in Form B in the Second Schedule to these Regulations.
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| 8. |
Contracts chargeable as conveyances on sale
An instrument chargeable with duty under section 49 of the Act or as an instrument of dissolution of partnership shall be accompanied by a statutory declaration as to the apportionment of consideration in Form C in the Second Schedule to these Regulations.
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| 9. |
Marketable securities
A transfer of a marketable security not quoted on any stock exchange shall be accompanied by a certificate of value in Form D in the Second Schedule to these Regulations.
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| 10. |
Certificate on unstamping instrument
Where an instrument being a security for the payment or repayment of an unlimited amount of money has been stamped ad valorem and is later presented for payment of further ad valorem duty in accordance with section 70 of the Act, there shall at the same time be lodged a certificate in the following form–
I certify that the amount at any time owing by ................ to ........................................
| (a) |
did not exceed £ .............. until the ................... day of ............... 20 ..............;
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| (b) |
has not at any time exceeded the sum of £ ...............................;
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and I request that further stamp duty may be impressed on the instrument on the ............. day of .............................. 20 ...................., to ..................cover a total advance of £ .............
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*..................................... Signature
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....................................... Address
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.................., 20 .......... Date ..........
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The Collector of Stamp Duties, Nairobi/Mombasa.
*To be signed by the mortgagee or by the manager of the bank making the advance.
| (a) |
If the amount has not yet been exceeded cancel these words.
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| (b) |
If the advance has already been exceeded cancel these words.
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| 11. |
Procedure for obtainable allowance for spoiled and misused stamps
| (1) |
The owner of spoiled or misused stamps, namely, the person for whose use and business the stamps were purchased, shall apply in writing in Form E in the Second Schedule to these Regulations within the appropriate period set out in Part V of the Act.
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| (2) |
The spoiled instrument shall be surrendered to the collector for destruction or for disposal in such manner as he may direct.
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| (3) |
In all cases of bills of exchange signed by both drawer and acceptor and in cases where signed cheques, receipts, promissory notes, bills at sight or on demand, and accepted bills have been out of the possession of the signers, allowance shall be made upon production of duly stamped and completed substituted instruments correcting some error or omission in the spoiled instruments.
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| (4) |
Spoiled instruments shall be presented in a complete state without mutilation.
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| (5) |
No refund shall be made in respect of stamps which have been cut or otherwise removed from material.
[L.N. 159/1959.]
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| 12. |
No allowance for spoiled stamps in certain cases
No allowance shall be made for any spoiled adhesive revenue stamp representing a fee paid in pursuance of the provisions of any Act specified in the Third Schedule to these Regulations or of any rules or regulations made under any such Act, being a fee collected by means of stamp affixed to any form prescribed by any such Act, rules or regulations.
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| 13. |
Forms may be modified for electronic transactions
The forms prescribed by these Regulations may, with the necessary modifications, be used for electronic transactions.
[L.N. 152/2020, r. 5.]
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| 14. |
Notices may be served electronically
A notice under these Regulations may be served by registered post or through electronic means including electronic mail and Short Message Service at the address set out in the instrument which was submitted for stamp duty adjudication.
[L.N. 152/2020, r. 5.]
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FIRST SCHEDULE
INSTRUMENTS UPON WHICH STAMP DUTY MAY BE PAID AND DENOTED BY MEANS OF ADHESIVE REVENUE STAMPS OR REVENUE STAMPS IMPRESSED BY A FRANKING MACHINE.
[r. 2, L.N. 96/2009, r. 2.]
Agreement or any Memorandum of an Agreement under hand only and chargeable with duty of Sh. 1.
Bill of exchange payable on demand or at sight or on presentation or within three days after date or sight.
Bill of Exchange and Promissory Note, if drawn out of Kenya.
Bond, etc., chargeable with duty not exceeding Sh. 10.
Cancellation, Instrument of.
Cheque.
Contract Note.
Copy or Extract.
Duplicate or Counterpart.
Instrument registrable under the Chattels Transfer Act (Cap. 28).
Lease for a term of one year or less granted under the Trust Land Act (Cap. 288).
Letter of Credit.
Letter of Guarantee.
Letter of Indemnity.
Policy of Insurance, except any policy chargeable with duty as an annuity.
Receipt.
Instruments registrable under, or drawn and executed under the provisions of the Companies Act (Cap. 486).
SECOND SCHEDULE
FORMS
To: The Collector of Stamp Duties,
P.O. Box 30089, Nairobi. or
P. O. Box 80053, Mombasa.
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APPLICATION FOR ADJUDICATION OF STAMP DUTY
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I hereby apply for the adjudication of the stamp duty payable on the under-mentioned instrument(s), a plain copy of which is enclosed (together with the fee of Sh. 100*):—
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Date
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Description of Instrument
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Parties
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2. I certify that, except as set forth in the attached memorandum, all the facts and circumstances affecting the liability of the instrument(s) to duty, or the amount of the duty with which it is chargeable, are fully and truly set forth therein in pursuance of the provisions of section 10 of the Act.
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Date ................................................
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Signature ....................................
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Name in block capitals .............
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Address .........................................
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Note.- The nature of the further information usually required is set out in the following pages and must be given where appropriate.
* Delete if application is made under section 52(3) of the Act.
Where applicable, complete Form C in the Second Schedule to the Stamp Duty Regulations.
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Where the property is sold subject to amortgage.
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State the amount owing for principal(and interest, if any, if the purchaser undertakes payment thereof) at the date of the conveyance.
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Generally, if property is sold subject to,or in consideration of, the taking over orrelease of any debt or pecuniary liability.
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State the amount thereof.
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CONVEYANCE OR TRANSFER (INCLUDING SETTLEMENT, DECLARATION OF TRUST, ETC.) OPERATING AS A VOLUNTARY DISPOSITION INTER VIVOS
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Where the subject matter is land.
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Furnish a full description of the land with any improvements thereon and particulars of all sub-leases and tenancies with rents and estimated outgoings and names of tenants. The question of the value will be referred to the Government Valuer.
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Where the subject matter is stocks, shares or other marketable securities.
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Furnish a valuation as indicated below under the heading “Settlement”. With a voluntary settlement, produce duly stamped transfers by deed subject to stamp duty executed by the settlor in favour of the trustees. Where the securities have been vested in the trustees otherwise than by direct transfer from the settlor, particulars should be given.
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Where the subject matter is property of any other description, e.g. reversions, life policies, furniture.
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Furnish details and reasonable evidence of value and give the ages of the parties concerned where the subject matter is are version or a life interest.
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CONVEYANCE OR TRANSFER ON ANY OCCASION EXCEPT SALE, MORTGAGE OR VOLUNTARY DISPOSITION
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If the conveyance or transfer is made on the occasion of the appointment of a new trustee of an existing trust.
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Produce the deed of appointment,
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If the conveyance or transfer is made for effectuating a settlement.
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Produce the settlement.
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INSTRUMENT OF DISSOLUTION OF PARTNERSHIP, WHETHER AGREEMENT OR CONVEYANCE
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In all cases.
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Produce a copy of the balance sheet or statement of account as at the date of dissolution between the partners, showing—
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(a) the amount of the liabilities (separating mortgages from current trade liabilities);
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(b) the liquid assets (stock in-trade, cash and book debts);
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(c) (If the fact is not disclosed by the instrument) the share of the outgoing partner in the partnership assets; and
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(d) any immovable property held by or on behalf of the partnership.
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Note.- A security for advances without limit cannot be adjudicated.
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Where a trust deed secures payment of debentures.
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Produce the debentures executed and duly stamped.
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Where it is claimed that collateral, auxiliary, additional or substituted security duty only is payable.
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Produce the principal or primary security, or other evidence that it is stamped with full duty.
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If the conveyance or transfer is made on the occasion of the appointment of a new trustee of an existing trust.
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Produce the deed of appointment,
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If the conveyance or transfer is made for effectuating a settlement.
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Produce the settlement.
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SETTLEMENT (IF NOT WITHIN HEADING III)
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Where stocks and/or securities are settled, whether in possession or reversion, and whether the interest settled is contingent or vested.
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Furnish particulars of the stocks and securities if not specified in the settlement and in any case produce a statement of the value of each of the several items as at the date of settlement—
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(a) from prices quoted in any recognized stock and share list;
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(b) where there is no quotation, complete and attach Form D in the Second Schedule to the Stamp Duty Regulations.
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Where a share only in a reversionary interest in a trust fund is settled.
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In addition to the above particulars of the investments of the fund at the date of settlement, state the settlor’s interest therein.
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Where a settlor covenants to settle other property which he may then have, but which is not specifically mentioned.
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State whether the settlor was at the date of the settlement entitled in possession or reversion, or in default of the exercise of a power of appointment, to any money, stocks or shares not specified in the deed, and give as above particulars and value of such property.
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Where the settled fund comprises a policy of life insurance—
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(a) If the settlement (or any other instrument) contains provision for keeping the policy on foot;
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(a) State the amount of any bonuses added.
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(b) If there is no such provision;
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(b) Produce a certificate of the surrender value from the insurance company.
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Note.- Particulars of the value of unsold immovable property brought into settlement, whether subject to a trust for sale or not, need not be furnished.
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Where it is claimed that an instrument is not chargeable with duty by reason of an exemption not arising under the Stamp Duty Act.
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State the section of the particular Act conferring the exemption, and give an explanation of the grounds for claiming that the instrument falls within it.
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FORM B
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(Reg. 7.)
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(To be submitted in duplicate)
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To: The Collector of Stamp Duties
P. O. Box 30089.
Nairobi. or
P.O. Box 80053,
Mombasa.
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APPLICATION FOR LEAVE TO STAMP OUT OF TIME
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........................................ to ......................................
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I hereby certify that the annexed instrument was first executed on the ................... day of ........................................, 20 .....................
The reason(s) why this instrument was not presented for stamping in due time is/are:—
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Signed .........................................................
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Name of Applicant in block capitals ......
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Postal Address ............................................
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Date .............................................................
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Leave Granted Refused
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Duty Sh
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Penalty Assessed Sh.
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Date
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Collector’s Signature
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FORM C
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(Reg. 8.)
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(To be submitted in duplicate)
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STATEMENT APPORTIONMENT OF CONSIDERATION
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Particulars of Consideration
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Amount of Consideration
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Asset to be Transferred
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Apportioned Consideration
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I. Cash ...........
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Sh. cts
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a) All immovable property, improvements and fixed plant and machinery in respect of which duty will be paid on the conveyance, transfer or assignment .......................
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Sh. cts
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II. Shares .........
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(b) Loose plant and machinery, stockin-trade and other property capable of passing and so passing by manual delivery ................
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III. Debent...........IV. Liabilities of the vender assumed by the purchaser, viz: ............
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(c) Cash in hand ..............................
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(d) Cash at bank on current account ...........................
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(e) Bills, Notes, etc ...........................
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(f) Shares, debentures and other investments in respect of which duty will be paid on the transfer .............
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V. Other consideration ......
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(g) All immovable property, improvements and fixed plant and machinery in respect of which no further instrument evidencing the sale will be produced ..............
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(h) Goodwill .......
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(i) Benefit of contracts ..............
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(j) Patents, designs, trade marks, licenses, etc ..............
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(k) Book debts due to the vendor ............
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(l) Cash on deposit .....................
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(m) Other property, viz ...................
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NOTE.- Every question must be answered. If the answer is "Nil", this fact must be stated.
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STATUTORY DECLARATIONSECURITIES
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(To be made by any party to the instrument, or, in the case of a Company, the Secretary)
I, .......................................... (Secretary of ........................... Ltd.) of ........................... do solemnly and sincerely declare that the particulars shown above are in every respect fully and truly stated, and that no part of the value apportioned to loose plant and machinery represents plant or machinery which was not in a state of actual severance at the date of the sale or dissolution.
I make this Declaration conscientiously believing the same to be true and according to the Oaths and Statutory Declarations Act.
Declared at ..................................................
This day of .......................... 20 ............ Before me .............................
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FORM D
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(Reg. 9.)
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(To be submitted in duplicate)
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To: The Collector of Stamp Duties
P. O. Box 30089.
Nairobi. or
P.O. Box 80053,
Mombasa.
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CERTIFICATE ON TRANSFER OF CERTAIN MARKETABLE SECURITIES
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I hereby certify that to the best of my knowledge and belief—
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(a) the transaction effected by the transfer of ................ shares in ......................... dated ............... 20 ..... between ............. and .................... represents a bona fide sale between a willing vendor and a willing purchaser;
(b) the value of one ordinary/preference share in .................... on the .............. 20 ......... was Sh. ...........................
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Date ......................................
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Signature of Company Auditor
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Name in block capitals ...........................
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Postal Address .............................................
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FORM E
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(Reg. 11)
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(To be submitted in duplicate)
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To: The Collector of Stamp Duties
P. O. Box 30089.
Nairobi. or
P.O. Box 80053,
Mombasa.
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APPLICATION FOR ALLOWANCE FOR SPOILED OR MISUSED
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I HEREBY APPLY for an allowance for stamps in respect of the instruments set out below.
2. I HEREBY CERTIFY that I am the owner of the stamps and that they were purchased by me.
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List of Instruments (One per line) (Notes (1) and (2)
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Value of Stamp
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(For Official use only) Collector’s Remarks (Note (3))
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1.2.3.4.5.6.7.8.9.10.11.12.
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Notes:
(1) Each instrument must be numbered in red with the number given to it above.
(2) Where a bank submits a number of blank cheques, they may be entered as one item.
(3) References in this column are to sections of the Stamp Duty Act (Cap. 480), which, for ease of reference, are reproduced on the back of this form.
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Date ......................................
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Signed ...........................................................
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Name in capital letters ................................
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Name of Firm in capital letters ..................
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Postal Address .............................................
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The instruments in respect of which the application has been refused are returned herewith. A remittance for those approved will follow in due course.
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Date ......................................
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Collector of Stamp Duties
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THIRD SCHEDULE [Reg. 12]
NO ALLOWANCE FOR SPOILED STAMPS IN CERTAIN CASES
1. The Trustees (Perpetual Succession) Act (Cap. 164).
2. The Government Lands Act (Cap. 280).
3. The Land Titles Act (Cap. 282).
4. The Registration of Titles Act (Cap. 281).
5. The Registration of Documents Act (Cap. 285).
6. The Mining Act (Cap. 306).
7. The Water Act (Cap. 372).
8. The Public Roads and Roads of Access Act (Cap. 399).
FOURTH SCHEDULE
INSTRUMENTS UPON WHICH STAMP DUTY MAY BE PAID AND DENOTED BY MEANS OF REVENUE STAMPS IMPRESSED BY A FRANKING MACHINE
1. Any instrument requiring or capable of registration, being an instrument relating to the registration of transactions or devolution affecting land registered under any law relating to the registration of land.
2. Bills of Exchange and Promissory Notes if drawn within Kenya.
THE STAMP DUTY - EXEMPTION
IN EXERCISE of the powers conferred by section 106 of the Stamp Duty Act, the Cabinet Secretary for the National Treasury, on the recommendation of the Cabinet Secretary for Lands and Physical Planning, directs that—
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the further composite debenture executed by Suman Shakti (EPZ) Limited, Balaji (EPZ) Limited and United Aryan (EPZ) Limited, of P.O. Box 126-00621, Nairobi, with the Commercial Bank of Africa Limited of P.O. Box 30437- 00100, Nairobi; and
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the instrument for further charge executed by Balaji (EPZ) Limited of P.O. Box 126-00621, Nairobi with the Commercial Bank of Africa Limited of P.O. Box 30437-00100, Nairobi, in respect of Land Reference Number 29093.
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THE STAMP DUTY (VALUATION OF IMMOVABLE PROPERTY) REGULATIONS
ARRANGEMENT OF REGULATIONS
| 3. |
Appointment of private valuers
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| 4. |
Valuer to conduct valuation
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| 6. |
Monitoring and audit assessments of valuation services
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| 7. |
Value of an immovable property
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| 8. |
Validity of valuation report
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| 10. |
Grounds for objection
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| 11. |
Time for lodging objection
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| 12. |
Objections lodged out of time
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| 13. |
Withdrawal of objection
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| 14. |
Professional malpractice
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| 15. |
Revocation of appointment
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| 16. |
Valuation fees and other expenses
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| 17. |
Submission of documents to Chief Government Valuer
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| 18. |
Notices by the Chief Government Valuer
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THE STAMP DUTY (VALUATION OF IMMOVABLE PROPERTY) REGULATIONS
| 1. |
Citation
These Regulations may be cited as the Stamp Duty (Valuation of Immovable Property) Regulations.
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| 2. |
Interpretation
In these Regulations, unless the context otherwise requires—
"appointed valuer" means a private valuer appointed by the Chief Government Valuer under section 10A of the Act;
"immovable property" includes land, whether covered by water or not, any estate, right, intestate or easement on or over any land, and things attached to the earth or permanently fastened to anything attached to the earth;
"registered valuer" means a person whose name is for the time being entered in the register;
"register" means the register kept and maintained under section 6(1) of the Valuers Act (Cap. 532);
"transferee" means a person who receives immovable property through a transfer;
"market value" means the estimated value for which an immovable property should exchange on the date of its valuation between a willing buyer and willing seller in an arm's length transaction; and
"Valuers Registration Board" means the Valuers Registration Board established under section 3(1) of the Valuers Act (Cap. 532).
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| 3. |
Appointment of private valuers
| (1) |
A person who wishes to be appointed a private valuer shall apply in writing to the Chief Government Valuer in the prescribed form.
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| (2) |
An applicant under paragraph (1) shall satisfy the following conditions —
| (a) |
the applicant shall be registered in accordance with the Valuers Act (Cap. 532);
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| (b) |
the applicant shall provide proof of a physical office address; and
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| (c) |
the applicant shall provide a valid tax compliance certificate issued under the Tax Procedures Act (Cap. 469B).
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| (3) |
The Chief Government Valuer shall approve or reject the application within thirty days from the date of receipt thereof and notify the applicant of the decision in writing.
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| (4) |
Where the Chief Government Valuer rejects an application, the reasons thereof shall be specified in the notification given under paragraph (3).
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| (5) |
The Chief Government Valuer shall keep and maintain a list of appointed valuers appointed under these Regulations.
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| (6) |
An appointment of an appointed valuer under these Regulations shall be valid for a period of three years from the date of the appointment:
Provided that the appointment shall automatically cease where a valuer appointed under these Regulations ceases to comply with the provisions of paragraph (2).
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| (7) |
An appointed valuer whose appointment lapses on the expiry of the period specified in paragraph (6) may apply for reappointment in accordance with this regulation.
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| 4. |
Valuer to conduct valuation
| (1) |
A transferee of immovable property or the transferee's authorised representative shall apply to the Chief Government Valuer in writing for a valuation of the property.
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| (2) |
The Chief Government Valuer may, if the transferee so elects, assign the application under paragraph (1) to a Government Valuer or an appointed valuer.
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| (3) |
Where the transferee elects to have the valuation of the property conducted by an appointed valuer, the Chief Government Valuer shall—
| (a) |
assign the valuation to an appointed valuer from the list kept and maintained under regulation 3(5); and
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| (b) |
within seven working days of the transferee's decision, notify the transferee of the name of the appointed valuer.
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| (4) |
The transferee shall bear the costs of the valuation where he or she elects to have the valuation conducted by an appointed valuer.
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| (5) |
The Government Valuer or appointed valuer shall submit a valuation report on the property within twenty-one days of the election by the transferee under paragraph (2) or, in the case of a valuation by an appointed valuer, immediately after payment has been made to him or her by the transferee.
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| 5. |
Valuation report
| (1) |
The Government Valuer or appointed valuer shall, on completion of a valuation, submit to the Chief Government Valuer a valuation report on immovable property transferred to a transferee which shall be accompanied by the following documents—
| (a) |
a copy of the cadastral map indicating the location of the immovable property;
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| (b) |
a copy of the title to the immovable property;
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| (c) |
the Personal Identification Number (PIN) of the transferee issued under the Tax Procedures Act (Cap. 469B); and
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| (d) |
any other relevant documents relating to the immovable property.
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| (2) |
The valuation report submitted under paragraph (1) shall include the following information—
| (a) |
the names and addresses of the registered owners of the immovable property;
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| (b) |
the location of the immovable property;
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| (c) |
the land reference number or land title number of the immovable property;
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| (d) |
the tenure of the immovable property;
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| (e) |
the details of the immovable property;
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| (f) |
the valuation methodology used by the valuer;
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| (g) |
the basis for the valuation of the immovable property;
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| (h) |
the market value of the immovable property;
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| (i) |
the date of the valuation of the immovable property;
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| (j) |
any other relevant information obtained by the valuer during the valuation of the immovable property; and
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| (k) |
the signature and seal of the valuer.
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| (3) |
The Chief Government Value. shall review the valuation report on the immovable property and, if in agreement, approve the report.
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| (4) |
Where the Chief Government Valuer approves the valuation report, he shall notify the transferee and the Collector of Stamp Duty in writing of the approved market value of the property and the stamp duty payable thereon.
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| (5) |
Where the Chief Government Valuer so determines that a valuation report is deficient in any respect, he or she may revise the valuation report and notify in writing the valuer who conducted the valuation of the revision.
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| 6. |
Monitoring and audit assessments of valuation services
The Chief Government Valuer shall, with respect to a valuation conducted under these Regulations—
| (a) |
monitor the standard of valuation services offered by the valuer; and
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| (b) |
conduct audit assessments of compliance with procedural and other requirements under the Act by the valuer.
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| 7. |
Value of an immovable property
Where a valuation of an immovable property is conducted under these Regulations, the value assigned to the property shall be its value on the date of the conveyance or transfer of the property.
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| 8. |
Validity of valuation report
A valuation report submitted under regulation 5 shall be valid for a period of twelve months from the date of the approval of the report by the Chief Government Valuer.
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| 9. |
Objections
| (1) |
A person aggrieved by the valuation of an immovable property under these Regulations may lodge an objection in writing to the Chief Government Valuer.
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| (2) |
An objection under paragraph (1) shall state—
| (a) |
the grounds on which the objection is made; and
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| (b) |
the value of the immovable property that person lodging the objection contends is the correct value of the immovable property.
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| (3) |
An objection under this regulation shall only be lodged by the person liable to pay the stamp duty in respect of the immovable property being transferred.
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| (4) |
An objection under this regulation shall be deemed to have been lodged at the time it is received by the Chief Government Valuer.
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| (5) |
The Chief Government Valuer shall, within twenty-one days of receiving an objection under this regulation —
| (a) |
dismiss the objection if he or she considers that an adjustment in the valuation of the immovable property is not justified; or
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| (b) |
adjust the valuation of the immovable property if he or she considers that the adjustment is justified.
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| (6) |
The Chief Government Valuer shall notify the person who lodged the objection of the decision in writing, specifying the reasons for the decision.
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| 10. |
Grounds for objection
An objection under regulation 9 shall be limited to the following matters—
| (a) |
the value assigned to the immovable property;
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| (b) |
the apportionment of the area, dimensions or description of the immovable property;
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| (c) |
that the immovable property that should have been included in the valuation has been valued separately;
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| (d) |
that the immovable property that should have been valued separately has been included in the valuation; or
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| (e) |
the person named in the report is not the true transferee of the immovable property.
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| 11. |
Time for lodging objection
An objection under regulation 9 shall be lodged with the Chief Government Valuer within twenty-one days from the date the transferee receives written notification of the approved market value of the immovable property.
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| 12. |
Objections lodged out of time
| (1) |
The Chief Government Valuer may allow an application for extension of time to lodge an objection if the transferee was unable to lodge the objection within the period specified in regulation 11 on the grounds of being outside Kenya, sickness or other reasonable cause.
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| (2) |
An extension granted under paragraph (1) shall not be for a period exceeding one year from the date of notification of the approved value of the immovable property.
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| (3) |
The Chief Government Valuer may allow an extension of time to lodge an objection with or without conditions.
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| (4) |
The Chief Government Valuer shall notify in writing the aggrieved party of the rejection of extension of time to lodge an objection and specify the reasons for the rejection in the notification.
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| 13. |
Withdrawal of objection
An aggrieved person who has lodged an objection under regulation 9 may withdraw the objection by notice in writing to the Chief Government Valuer.
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| 14. |
Professional malpractice
Where a valuer commits professional malpractice in the course of rendering services under this Act, the person alleging the malpractice may report the matter to the Valuers Registration Board and, in case the malpractice is proven, the relevant sanctions specified in the Valuers Act (Cap. 532) shall apply.
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| 15. |
Revocation of appointment
The Chief Government Valuer shall revoke the appointment of an appointed valuer if that valuer commits an offence under section 113 of the Act or ceases to satisfy the conditions specified in regulation 3(2).
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| 16. |
Valuation fees and other expenses
| (1) |
Valuation fees and other expenses relating to the valuation of an immovable property under these Regulations shall be payable to the appointed valuer conducting the valuation.
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| (2) |
The valuation fees and other expenses payable under paragraph (1) shall be charged in accordance with the provisions of the Valuers Act.
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| (3) |
The valuation fees and other expenses payable under paragraph (1) shall be paid by the transferee.
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| 17. |
Submission of documents to Chief Government Valuer
A person required to submit or lodge an application, notice, statement, report or other document with the Chief Government Valuer under these Regulations shall do so electronically unless authorised in writing by the Chief Government Valuer to submit or lodge the document in any other manner.
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| 18. |
Notices by the Chief Government Valuer
A notice or other document required to be served on or given to a person by the Chief Government Valuer under these Regulations may be served or given to that person by—
| (a) |
delivering it to the person or the person's representative;
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| (b) |
leaving it at, or sending it by registered post, to the person's last known place of business or residence; or
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| (c) |
transmitting it in electronic form.
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