40-Day Statutory Notice to Sell Charged Land After Default (Section 96(2) Land Act)
Before exercising the power to sell the charged land, the chargee shall serve on the chargor a notice to sell in the prescribed form and shall not proceed to complete any contract for sale until at least 40 days have elapsed.
40 Days
Governed by Section 96(2) of the Land Act, 2012 and Section 57(a) of Cap 2 (trigger date excluded).
Calendar Days Counted
Periods under 6 days exclude Sundays and gazetted Kenyan public holidays.
Runs Through Recess
Appellate & statutory limitation periods continue unless certified.
Statutory Computation Rule (40 Days)
Before exercising the power to sell the charged land, the chargee shall serve on the chargor a notice to sell in the prescribed form and shall not proceed to complete any contract for sale until at least 40 days have elapsed.
Key Practice Questions
Under Order 50 Rule 3 of the Civil Procedure Rules and Section 57(b) of the Interpretation and General Provisions Act (Cap 2), if the last day falls on a Sunday or gazetted public holiday when court registries are closed, the filing is duly done on the next working day.
Explore Statutory Guides, Checklists & Court Utilities
Automated right-margin every-10th-line numbering (10, 20, 30) for Kenyan pleadings, affidavits, judgments, and written submissions.
Rule 89 Primary & Rule 90 Supplementary Record of Appeal statutory checklist, chronological indexing, and Certificate of Delay guide.
Rule 16(2) mandatory Green cover sheet formatting, automatic 150-page multi-volume splitting (Vol I, Vol II), and Rule 40 Petiton checklist.
Order 11 Civil Procedure Rules pre-trial bundle compilation, witness statement indexing, exhibit divider sheets, and hyperlinked TOCs.
Split oversized court records under the 50 MB Judiciary CTS portal limit, whiten dark photocopied scans, and embed native PDF bookmarks.
Compute exact filing deadlines under Order 50 Rule 4 (Dec 21 – Jan 13 recess), Section 57 Cap 2, and gazetted Kenyan public holidays.
Calculate Schedule 6 High Court & Schedule 7 Subordinate Court instruction fees, 1/3 Getting-Up fees, Part B uplift, and 16% VAT.
Draft compliant Evidence Act (Cap 80) Section 106B(4) electronic record certificates for WhatsApp chats, M-Pesa statements, and emails.