We had the opportunity to conduct an exclusive interview with a group of pensioners who had decided to take advantage of the recently quashed amendment to the Retirement Benefits Act that would have allowed them early access to their savings for purposes of buying a residential house.

Rwanda has been a leader in implementing innovative approaches towards achieving technological advancement. One of their noteworthy efforts is the Electronic Mortgage Registration System (EMRS), a modern system used to register mortgages on property throughout the country.

Obtaining documentary proof of the source of funds is one of the anti-money laundering (AML) practices put in place by banks to reduce the risk of money laundering and or the funds being proceeds derived from criminal activity such as corruption, drug trafficking, and misappropriation of public funds.

In Tanzania, the LUKU System has been adopted as the primary prepaid metering solution for electricity and has been successful in increasing access to electricity for many people across the country. “LUKU” is the acronym of “Lipa Umeme Kadiri Utumiavyo” meaning “Pay for electricity as you need it.”

The amendment to the Act and the draft Regulations are a step in the right direction towards enabling members of retirement benefits schemes to purchase and own homes by utilizing their savings and is a change that was long overdue.

This legal alert summarizes the Office of the Data Protection Commissioner’s (ODPC) decision in ODPC Complaint No. 677 of 2022.

For a very long time, the real estate sector was highly conservative. The working methods have been characterised by traditional manual systems, face-to-face meetings, a significant amount of paperwork, and labour-intensive tasks.

Get an inside look at the Kenya Mortgage Refinance Company (KMRC) interview. It has something for everyone whether you are a first-time homebuyer, an in-house counsel of a primary mortgage lender, a property developer, a policy shaper, a conveyancing and bank securities lawyer, or an investor.

Discover the hidden gem of Lake Kivu, where breath-taking views meet promising real estate opportunities. Learn how the extraction of methane gas is driving growth in the region, in the latest edition of the magazine.

Unlocking the secrets to affordable housing in Kenya. Why you need to know about the Kenya Mortgage Refinance Company, a government-backed institution that aims to increase homeownership and make mortgage lending more affordable and accessible.

The Tanzania Electric Supply Company Limited (TANESCO) is a Tanzanian parastatal that was founded in 1964. Tanzania’s government owns the entire company and its operations are governed by the Ministry of Energy and Minerals.

Note to apartment owners who had invested heavily in their properties, only to discover that their once sunny and airy homes had become dark and oppressive.

Lawfulness, fairness, and transparency. Data should be processed lawfully, fairly, and transparently.

This legal alert summarizes the Office of the Data Protection Commissioner’s (ODPC) decision in ODPC Complaint No. 677 of 2022.

Another issue that was brought up before the Court of Appeal in the recent case of Kasera & Another vs. Richard [2022] KECA 1025 (KLR) was the question of whether the Land Registration Act, 2012 (the “LRA”) could be applied retroactively.

The Land Registration Act, 2012 (the Act) provides a legal framework for co-tenancy. This framework stipulates the rights and obligations of co-tenants, including the requirements for disposition, the entitlement to undivided shares, and the consent required for any transfer or dealing with an undivided share.

The recent case of Kasera & Another vs Richard [2022] KECA 1025 (KLR) highlights the importance of establishing the correct type of ownership in co-tenancies.

We would like to begin this article by letting you know that we had the honor of speaking with one of the most brilliant minds in the country.

Letter from the Area Chief: You shall be required to obtain a letter from your area Chief, confirming that he knows you and your residence and that you are a citizen of Kenya

Stamp duty payment is governed by the stamp duty Act Cap 480 of the Laws of Kenya (the “Act”). It is an act of Parliament that makes provision for the levying and administration of stamp duties.

Work permits in Kenya are regulated by the Kenya Citizenship and Immigration Act of 2011 and the regulations thereof.

A warranty is a legally binding commitment forming part of a sales contract that assures the buyer that the property is free from defects.

The law that governs payment of VAT in Kenya is the Value Added Tax Act, 2013 (hereinafter the “Act”).

The Act aims at facilitating the use of moveable property as security by both individuals and corporates and to provide for the registration of security rights in moveable property.

Question: Are foreigners or non-citizens allowed to own land in Kenya? Question: What are the land tenure systems in Kenya?

The land law of Kenya allows a change of use of property from one category to another. The government as the custodian of all property…

Kenya’s real estate sector continues to record commendable growth, which is expected to continue in the foreseeable future.

A property vendor is required to properly determine the tax that is applicable on the gain made. It is important to ensure that proper taxes are paid within the required timelines…

The Landlord and Tenant Bill 2021 (the “Bill”) that is before the National Assembly aims to, among others.

A contract of guarantee is an accessory contract by which the surety undertakes to ensure that the principal performs the principal obligations.

This is a process of registration of current title numbers for various parcels of land under new registration units which shall result in replacement of the old title numbers with new title numbers.

An encumbrance refers to a legal claim or liability attached to a property which restricts the owner’s ability to transfer title of property.

On 8th March,2020, the Business Laws (Amendment) Act, 2020 was enacted amending various statutes with the aim of easing business transactions in Kenya.

On 8th March,2020, the Business Laws (Amendment) Act, 2020 was enacted amending various statutes with the aim of easing business transactions in Kenya.

The Kenyan law provides for a simplified tax regime on residential rental income ranging from Kshs. 288,000.00 to Kshs. 15,000,000.00 per annum.

Financial institutions often require different kinds of collateral or securities in instances where their customers are seeking loans.

Must Do Before Dealing With A Charged Property

Before a land owner can undertake development on their land, they will in most cases than not be required to apply for planning approvals and building/project permits.

An agreement for sale is a legally binding document executed between two parties and that clearly outlines the terms and conditions for the sale of a property.

The Movable Property Security Rights Act, 2017 (“the Act”) was assented into law on 10th May, 2017.

The following are the options available to creditors to recover from a defaulting debtor:

Over the years, there has been an increase in the number of foreigners seeking to own land in Kenya either for investment or residence.

In a nut shell, the procedure to be followed in the registration of an Instrument creating a Charge is as follows:

Registration: For shares that are listed on the Nairobi Securities Exchange and have been dematerialised, security over those shares should be registered in accordance…

Collateral is property, whether movable or immovable, tangible or intangible, that is offered as security for the repayment of a sum of money borrowed by a person or company.

Loan restructuring is a process in which borrowers facing financial distress renegotiate and modify the terms of the loan with the lender to avoid default.

A charge is a document that is prepared where a person wants a loan and as security for the loan, they provide the title of the land that they have.

When a debenture is used to create a security interest, the terms of the debenture will typically set out the enforcement procedure and provide for the appointment of a receiver and/or manager to undertake the procedure.

What is a Guarantee? A contract of guarantee is an accessory contract, by which the surety undertakes to ensure that the principal performs the principal obligations.

Debt restructuring is a process wherein a company or an entity experiencing financial distress and liquidity problems refinances its existing debt obligations in order to gain more flexibility in the short term and make their debt load more manageable overall.

Section 2 of the Landlord and Tenant (Shops, Hotels and Catering Establishments) (Chapter 301) (Hereinafter referred to as the “Act”)…

Cautions and restrictions are instruments through which dealings in land can be curtailed until the happening of a certain event.

It is not uncommon in commercial leases, for landlords to demand that the directors of the company or body corporate taking out the lease…

Interest in land in the first instance means ownership or possessory rights that a person (natural or juridical) holds in land.

Joint tenancy is defined in Section 2 of the Land Act 2012. It is a special and concurrent form of ownership by two or more persons of the same property.

The enactment of the Land Control Act in 1967 was informed by the noble and deliberate public policy considerations.

A licensing agreement is a written contract that gives you permission to use another party’s property under a certain set of conditions.

In 1970, the then President Jomo Kenyatta issued a presidential decree prohibiting the sale and purchase of 1st and 2nd rows of beach plots on the Indian Ocean and land within a zone of 25km from the inland national boundaries of Kenya without consent from the President.

The power to control land use and development in Kenya is vested in the County Governments and therefore the owner or the legal entity of any property…

Under the Registration of Lands Act the old Title Deed of the property is delivered up and cancelled and a new Title in the name of the new proprietor issued.

Subdivision is the divisor of land into two or more plots/lots. Its purpose is to split a large tract of land into smaller ones that are easier to develop and can be developed independently of one another to increase growth and maximize the use of space.

An agreement for Sale is a legally binding document that outlines the agreed upon terms of the buyer and seller of a property or in a real estate transaction. It defines the purchase price and other details of the transaction and is executed by both parties.

Landlords in Kenya are required to account for tax on rental income either on monthly basis or annually depending on the nature of the rental income received.

It is not uncommon for a person selling or purchasing land or an apartment to get surprised that over and above the actual cost of the property that they intend to sell or purchase, other attendant costs arise which must be settled before they can complete the transaction.

It is not uncommon for a person selling or purchasing land or an apartment to get surprised that over and above the actual cost of the property that they intend to sell or purchase, other attendant costs arise which must be settled before they can complete the transaction.

It is not uncommon for a person selling or purchasing land or an apartment to get surprised that over and above the actual cost of the property that they intend to sell or purchase, other attendant costs arise which must be settled before they can complete the transaction.

Withholding tax is a retention tax that requires the payer of certain incomes to deduct tax at source from payments made and remit the deducted tax to Kenya Revenue Authority (KRA). The withholding tax rate varies depending on the nature of the income earned and on whether one is a Kenyan resident or a non- resident.

Pursuant to a notice issued by the Ministry of Lands and Planning (“MOLPP”) on 9th May 2021, long term leases supported by architectural drawings shall no longer be registered with effect from 10th May, 2021.   The Act and the Land Registration Act require that all sectional plans submitted for registration must: be geo-referenced; indicate […]