Contributed By MMC Africa Law
As a consequence of having been colonised by Britain, Kenya is a common law jurisdiction.
The main laws governing the real estate sector in Kenya are as follows:
The main market trends in the real estate sector in Kenya have been as follows:
The most significant deals in real estate in Kenya have been Tatu City, Tilisi Development and Konza City.
Digitisation of Land Transactions
Land transactions, from physical planning and survey to land registry transactions, are carried out manually in Kenya. The Ministry of Lands and Physical Planning appointed a taskforce in August 2018 to prepare guidelines for their digitisation. The purpose of this initiative is to ensure efficient and effective service delivery that will lead to enhanced access to information, increased customer confidence, reduced business timelines and enhanced revenue collection.
The author of this chapter (Esther Omulele) is a member of the taskforce on digitisation of land transactions, which has completed its report on the proposed implementation of the digitisation process. The recommendations of the report include amendment of various laws touching on land transactions to allow for digital processes. The success of this programme will require the co-operation of the Ministry of ICT for purposes of creating the necessary digital platform at a national level, as well as the Treasury for purposes of integrating suitable payment solutions relating to capital gains tax, stamp duty, land rent and rates and registration fees.
Land Dispute Resolution Through Alternative Dispute Resolution Mechanisms
The CoK encourages the use of alternative dispute resolution mechanisms. These are advantageous in that they are less costly and take less time. Land disputes are mainly handled by the ELC. Our proposal in this case is for an amendment in the statute establishing that the ELC provide a limit on the matters that are filed in this court. This will reduce backlog, leading to quick resolution of land cases.