Last Updated May 23, 2019

Law and Practice

Contributed By MMC Africa Law

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MMC Africa Law was established in 1995 and is headquartered in Spring Valley, Nairobi, with a full-service office in the coastal city of Mombasa. The firm is made up of 12 Partners and over 30 lawyers with expertise in a wide variety of legal matters. As well as being a member of ALFA International, a global network of independent law firms, it has a close association with the leading global law firm of Orrick, Herrington & Sutcliff LLP. MMC Africa Law’s dedicated real estate team comprises three partners and 12 lawyers who pride themselves on their extensive experience handling sophisticated and complex transactions such as those relating to mixed-use developments, an emerging market in real estate. The team also offers specialised services in urban regeneration projects, construction law, REITs, hospitality and hotels, residential developments, commercial and farmland leases, land use and planning, environmental compliance, contractual agreements, conveyancing and conducting due diligence on property.

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.

MMC Afica Law

MMC Arches,
Spring Valley Crescent,
Off Peponi Rd.
Westlands

+254 020 2329898

+254 720 585 785

eomulele@wakili.com www.wakili.com
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MMC Africa Law was established in 1995 and is headquartered in Spring Valley, Nairobi, with a full-service office in the coastal city of Mombasa. The firm is made up of 12 Partners and over 30 lawyers with expertise in a wide variety of legal matters. As well as being a member of ALFA International, a global network of independent law firms, it has a close association with the leading global law firm of Orrick, Herrington & Sutcliff LLP. MMC Africa Law’s dedicated real estate team comprises three partners and 12 lawyers who pride themselves on their extensive experience handling sophisticated and complex transactions such as those relating to mixed-use developments, an emerging market in real estate. The team also offers specialised services in urban regeneration projects, construction law, REITs, hospitality and hotels, residential developments, commercial and farmland leases, land use and planning, environmental compliance, contractual agreements, conveyancing and conducting due diligence on property.

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