Section 27

Security on property for unpaid tax 

(1) Where a person being the owner of land or buildings on land situated in Kenya fails to pay a tax due and payable under this Act, the Commissioner may by notice in writing inform that person of his intention to apply to the Chief Land Registrar for the land or buildings to be the subject of security for tax of an amount specified in the notice. 

(2) If a person on whom a notice has been served under this section fails to pay the whole of the amount specified in the notice within thirty days of the date of service of the notice, the Commissioner may, by notice in writing, direct the Chief Land Registrar that the land and buildings, to the extent of the interest therein, be the subject of security for the tax of a specified amount and the Registrar shall, without fee, register the direction as if it were an instrument of mortgage over, or charge on, as the case may be, the land and buildings and thereupon, that registration shall, subject to any prior mortgage or a charge, operate while it subsists in all respects as a legal mortgage over or charge on the land or buildings to secure the amount of the tax. 

(3) The Commissioner shall, upon the payment of the whole of the amount of tax secured under subsection (2), by notice in writing to the Chief Land Registrar, cancel the direction made under that subsection and the Registrar shall, without fee, record the cancellation thereupon and the direction shall cease to subsist.

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