The Significance of Dealing with Qualified Surveyors in Kenya 
December 6, 2023
In Kenyan property deals, having a licensed surveyor is more than a formality—it is a crucial protection for both buyers and sellers. These experts bring the necessary skills, experience, and commitment to professional standards, ensuring a smooth and successful property transaction.

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This issue features an in-depth article on the intersection of technology and real estate, with a focus on fintech proptech solutions. In the interview article, @Paul Macharia, CEO and Founder of @Kiotapay, discusses how technology is transforming the real estate industry in East Africa. He talks

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September 14, 2023
Discover the detailed process of obtaining a change of user approval in Kenya, governed by the Physical Planning Act, 2019. This comprehensive guide covers steps, requirements, costs, and insights int
September 6, 2023
Renting out property in Kenya can be a profitable investment, but it also comes with a number of legal and tax obligations that landlords must be aware of. This article provides an overview of the key
August 30, 2023
Welcome to the latest issue of CM Property Digest (CMPD), your trusted source for legal and industry insights into the dynamic East African property market.
July 27, 2022
Question: Are foreigners or non-citizens allowed to own land in Kenya? Question: What are the land tenure systems in Kenya?

#AwarenessWednesday

Wednesday, October 18th, 2023
Introduction The recent announcement by East African Portland Cement (EAPC Plc) regarding the regularization and sale of some of its land has sparked a legal debate that goes beyond mere property transactions. EAPC's decision to regularize and sell its land raises crucial questions about the role of private property rights in Kenya's development trajectory and the government's commitment to balancing these rights with the public good. This article delves into the intricate landscape of property rights, public interests, and legal principles within the Kenyan context. EAPC PLC Case and Government's Rationale The EAPC PLC case revolves around the company's intent to regularize and sell its land, which has broader implications for both the public and the local community. The company's actions trigger discussions on property rights, eminent domain, and the need to balance the private ownership of land with the greater public good. This context underscores the significance of the legal and ethical considerations surrounding the case. Legal Principles and Obligations Under Kenyan law, before initiating any land regularization or sale process, the landowner or relevant authority must publicly announce their intentions. This notification serves to inform interested parties and provide them the opportunity to assert their claims. The Kenyan Constitution protects the right to property. However, the Constitution also allows the government to acquire private property for public purposes, upon payment of just compensation. This power is known as eminent domain. The Land Act, 2012, establishes several procedures and safeguards that must be followed in the event that the government wishes to acquire private property for public purposes. For example, the government must first notify the public of its intention to acquire the land. The government must also provide compensation to the landowners and occupiers of the land. Eminent Domain and Its Application in the EAPC PLC Case Eminent... Continue Reading
Thursday, September 14th, 2023
Land use is the way that land is used for a particular purpose. For example, residential land use is used for housing, commercial land use is used for businesses, and industrial land use is used for factories. A change of use application is a request to change the way that land is being used.  A change of user is the process of changing the intended use of a property from one category to another. This can be done for a variety of reasons, such as to convert a residential property into a commercial property or to change the use of a piece of land from agricultural to industrial.  Before undertaking a Change of User application, it is key to assess how the proposed development aligns with local planning policies and existing trends. You should obtain comprehensive details about the site's physical attributes, location, and infrastructure availability are essential components as well as an analysis of the development's potential impact on the socio-economic and physical environment within the area.  The process of obtaining a change of user approval in Kenya   In Kenya, the procedure for obtaining a change of user approval is governed by the Physical Planning Act, 2019. The Act gives the County Governments the authority to grant or deny change of user approvals.  The process of obtaining a change of user approval in Kenya involves the following steps:  Advertisement and Recommendations: The process begins with an advertisement and the collection of recommendations from members of the public and relevant line ministries, facilitated by the County Government. This phase often coincides with an application for a construction permit. Application Initiation: The investor, with the assistance of a registered physical planner, submits an application for the change of user using the PPA 1 form, duly signed by the physical planner. Public Notices: Public notices... Continue Reading

Featured Articles

The Significance of Dealing with Qualified Surveyors in Kenya 

In Kenyan property deals, having a licensed surveyor is more than a formality—it is a crucial protection for both buyers and sellers. These experts bring the necessary skills, experience, and commitment to professional standards, ensuring a smooth and successful property transaction.
Continue reading

Housing Levy Deemed Unconstitutional by High Court

The High Court of Kenya has unanimously declared the proposed Housing Levy unconstitutional. The three-judge bench ruled that the levy, which was imposed on salaried workers in the formal sector to fund affordable housing initiatives, is discriminatory and violates Article 27 of the Constitution, which guarantees freedom from discrimination.
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The Transformative MOU on Sectional Property Titling

The Transformative MOU on Sectional Property Titling

On August 3, 2023, a landmark Memorandum of Understanding (MOU) was signed between the Ministry of Lands, the Law Society of Kenya, the Institution of Surveyors of Kenya, and the Kenya Bankers Association with a view to improving the current process of obtaining sectional titles for relevant properties.
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Kenya Revenue Authority (KRA) Hands Over Stamp Duty Collection for Land Transactions

Kenya Revenue Authority (KRA) Hands Over Stamp Duty Collection for Land Transactions

The government's strategic move to centralize revenue collection has led to the KRA relinquishing its role in collecting aviation fees and, most recently, stamp duty on land transactions.
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Balancing Property Rights, Public Interest, and Legal Principles in Kenya: The EAPC PLC Case

Kenya's EAPC Plc case embodies the intricate interplay of property rights, public interest, and legal principles. As we navigate this complex terrain, understanding the government's role, the importance of legal obligations, and the critical balancing act in land acquisition becomes paramount. It's not just about property; it's about equitable and sustainable development in Kenya.
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The Climate Change (Amendment) Act 2023

Kenya's 2023 Climate Change Act strengthens carbon markets, empowers the Climate Change Council, and advances sustainable development, setting a global climate action example
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Obtaining a Change of User Approval in Kenya 

Discover the detailed process of obtaining a change of user approval in Kenya, governed by the Physical Planning Act, 2019. This comprehensive guide covers steps, requirements, costs, and insights into using the ArdhiSasa platform for applications.
Continue reading
The Real Estate Regulation Bill, 2023

The Real Estate Regulation Bill, 2023: A Paradigm Shift for Kenya’s Real Estate Sector

The Real Estate Regulation Bill, 2023, is a watershed moment for Kenya's real estate sector, introducing a comprehensive legal framework designed to promote transparency, accountability, and consumer protection.
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