Real estate conveyancing in Kenya is governed by a comprehensive legislative framework designed to ensure the orderly transfer of property rights and protect the interests of all parties involved. This article provides an in-depth look at the key laws and regulations that govern real estate conveyancing in Kenya.
The Constitution of Kenya, 2010
The Constitution of Kenya, 2010, is the supreme law of the land and provides the foundational legal framework for property rights. Chapter 5 of the Constitution, titled “Land and Environment,” outlines the principles of land ownership and management. Article 40 guarantees the right to property, allowing individuals and entities to acquire and own property in any part of Kenya.
Land Act, 2012
The Land Act, 2012 and the different Regulations thereunder consolidate various land laws and provide for the sustainable administration and management of land and land-based resources. It applies to all lands declared as private, public, or community land and outlines the guiding values and principles of land management.
Land Registration Act, 2012
The Land Registration Act, 2012 and the Regulations thereunder govern the registration of interests in all Kenya’s public, private, and community land. It aims to streamline and rationalize the registration process, ensuring that land transactions are transparent and secure.
Community Land Act, 2016
The Community Land Act, of 2016, provides for the recognition, protection, and registration of community land rights. It mandates county governments to hold unregistered community land in trust for the communities and outlines the procedures for the management and administration of community land.
National Land Commission Act, 2012
The National Land Commission Act, of 2012, establishes the National Land Commission (NLC) and defines its functions and powers. The NLC is responsible for managing public land on behalf of the national and county governments, advising on land registration, assessing land taxes, and overseeing land use planning.
Sectional Properties Act, 2020
The Sectional Properties Act, 2020, provides for the division of buildings into units and the ownership of common property. It outlines the management and use of these units and common areas, facilitating the ownership and transfer of sectional properties.
Distress for Rent Act (Cap. 293)
The Distress for Rent Act allows landlords to recover rent arrears by seizing and selling the tenant’s goods. This act provides a legal framework for landlords to enforce their rights and ensure timely rent payments.
Land Control Act (Cap. 302)
The Land Control Act regulates transactions affecting agricultural land and establishes Land Control Boards to oversee these transactions. It aims to prevent the indiscriminate sale and transfer of agricultural land, ensuring that such transactions are in the best interest of the community.
Physical and Land Use Planning Act, 2019
The Physical and Land Use Planning Act, 2019, establishes a framework for the planning, use, regulation, and development of land in Kenya. It aims to ensure sustainable land use and development, providing guidelines for spatial planning and development control.
Stamp Duty Act (Cap. 480)
The Stamp Duty Act (Cap. 480) provides for the levying and management of stamp duties on various instruments, including those related to real estate transactions. It outlines the procedures for stamping documents and the penalties for non-compliance.
Environment and Land Court Act, 2011
The Environment and Land Court Act, 2011, establishes the Environment and Land Court, a superior court with jurisdiction to hear and determine disputes relating to the environment and the use and occupation of, and title to, land. This act ensures the expeditious resolution of land and environmental disputes.
Law of Contract Act
The Law of Contract Act applies the English common law of contract to Kenya, with certain modifications. It outlines the requirements for the formation, performance, and enforceability of contracts, including those related to real estate transactions.
Conclusion
The legislative framework governing real estate conveyancing in Kenya is comprehensive and multifaceted, ensuring that property transactions are conducted in a transparent, secure, and orderly manner. By understanding these laws and regulations, individuals and entities can navigate the conveyancing process with confidence and protect their property rights.
For professional assistance with conveyancing services, contact Njaga & Co Advocates. With extensive experience in high-net-worth developments amounting to billions, we are well-equipped to guide you through the complexities of real estate transactions in Kenya.
