Whether structuring a complex development project or assisting in the purchase of a new home, our team takes a resultoriented, strategic approach to negotiating, documenting and completing all aspects of property. Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. The land registry uses deed plans to prepare its own. The issue of land, its ownership, use and management is a highly emotive one in kenya and was one of the key issues that drove the need for a new constitution. The law of kenya download ebook pdf, epub, tuebl, mobi. There are more than fifty statutes that in one way or another control access, use and transfer of land. As understood, triumph does not recommend that you have fantastic points. Data was collected from employees of the ministry of lands and physical planning in kenya and the national land commission through selfadministered questionnaires. Nothing in this act shall apply to land brought under limitation the operation of the registration of titles act. This is just one of the solutions for you to be successful. Kenya school of law conveyancing law course outline 20192020 academic year course instructors mulei marotse.
Introduction to land law characterisation of interests in land general law and torrens title. Land in kenya private, public and community land in kenya. Plans prepared for all property transactions including land sales, leases and applications to the land registry deed plans must be accurate and definitive. In our opinion the new land laws are a start to bringing about change, consistency and consolidation of land laws in kenya. A key achievement is the enactment of the national land commission act which provides a framework for the commission to become operational and is one of the very positive highlights of the new laws. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Following lengthy deliberations and a comprehensive public participation process, a new constitution the constitution was promulgated on 27 august 2010. Kenyas land reforms are on course and new land laws, the environment and land court ac, the national land commission act, the land act and the land registration act, have been enacted. Conveyancing plans, property descriptions and boundaries. Onalo land law and conveyancing in kenya law africa, 2008 4. The objective of the study was to find out why despite several attempts econveyancing has not been successfully implemented in kenya, and whether the prevailing legal framework enables econveyancing in kenya. The itpa still remains the substantive law as relating to land concluded under the lta and gla.
What to know about property laws in kenya buyrentkenya. Revised edition 2010 1962 published by the national council for law reporting with the. The study adopted case study and descriptive methods, employing qualitative data collection from library and field research. Tom ojienda holds a masters of law degree llm from kings college london and a bachelor of laws degree from the university of nairobi. Fellows and members are entitled to two free updates a year. Click download or read online button to get the law of kenya book now. The amendments were necessary to correct errors and inconsistencies in the statutes and to clarify certain definitions, as well as to introduce some pertinent changes to land law and conveyancing in kenya. In this second edition of ghana land law and conveyancing, the authors have continued with the concept on which the first edition was based, namely. It draws the historical evolution of land law and conveyancing in kenya by looking at the two major factors that have historically defined the subject. The law society of kenya lsk opposed the move in a case filed in court. Extent of annexation purpose of annexation to order the complete version of the lawskool property law. The parliament of kenya enacted new land laws, including.
There is plenty of indication to suggest that the primary objective of new land policy and legislation. This act applied to all land declared as public, private and community land under the constitution. Kenya land law kenya law of succession kenya law reports kenya laws kenya legal news kenya property law kenya sale. Therefore any freehold land owned by a nonkenyan citizen is deemed to have been converted into a 99 year leasehold interest commencing from 2782010 and. Full implementation of he laws however will require the development of regulations, rules, procedures to guide implementation. Land tenure under kenya law refers to the manner in which individuals or groups of people within community or society enjoy rights of access to land at a broader level, this would include the conditions under which such land is enjoyed. Land law in hong kong has been closely linked to land law in england. Land law and conveyancing in kenya 1986 edition open. The same applies to land registration services and conveyancing which is largely paper. Studying each update and completing the accompanying selfassessment test will account for four hours of cpd.
The act provided for the lacunagap 1 in kenya to deal with conveyancing in kenya. In an attempt to move forward, kenya has to effectively break ways with its past. Click on the links below to read the relevant lecture notes that will assist you with your law studies. The land act of kenya defines a lease as the grant, with or without consideration, by the proprietor of land of the right to the exclusive possession of his or her land. This was a common occurrence under the now obsolete land law regime especially with colonial settlers, but is now. Encouragement of communities to settle land disputes through recognised local community initiatives consistent with the law. Ikm has vast experience in all aspects of land law and property transactions in kenya. These are all the available lecture notes in this section.
Nothing in this act shall apply to land brought under limitation. The registration of documents act cap 285 laws of kenya 8. The sale of land is governed by the laws and practices of the jurisdiction in which the land is located. Kenya vision 2030 offers an appropriate context for the enactment of a legislative framework to regulate access, ownership, management and utilization of land.
The new land laws have ushered in a new era in land and property ownership in kenya, which is a great leap forward for us as a country. Of course at a broader level this would also include the conditions under which such land is held or access to it, enjoyed. The registration of titles act cap 281 laws of kenya now repealed 10. The reform debate in kenya, faculty of law, university of nairobi, nairobi 2000 p.
Fundamental principles of national land policy part iii classification and tenure of land 4. Secondly, principles of land law and conveyancing in kenya are enshrined in a complex web of legal framework. In essence, each joint tenant is regarded as simultaneously owing the whole of the land concerned and not specific shares of that land. Conveyancing plans, property descriptions and boundaries ownership of land is defined by plans. To appreciate conveyancing protocols better one ought to be familiar with the other branches of law dealing with real property land law, obligations contract. Where the mortgaged property is a lease for a term of years, and the mortgagee obtains a renewal of the lease, the mortgagor, upon redemption, shall, in the absence of a contract by him to the contrary, have the benefit of the new lease. Onalo, land law and conveyancing in kenya, heinemann 1986 16 kenya land alliance n. This is a research on the challenges to electronic conveyancing in kenya with a case study of the ministry of lands in kenya. Property law and land law, equity, commercial law etc. Each update contains information on developments in law andor practice in 2007 and early 2008.
Migai akech, rescuing indigenous tenure from the ghetto of neglect, ecopolicy no. The land act 1999 arrangement of sections section title part i preliminary i. Time is ripe for decisive and farreaching reform of land law in kenya. Nalo, land law and conveyancing in kenya, heinemann law books, 1986, p 1 2 in this regard, the ndungu commission discussed in this thesis noted in p. Land use agreements, including renting, are an important intersection of property and contract law. In kenya, we developed our conveyancing along the english model.
A typical conveyancing transaction has two major phases. Elimination of gender discrimination in law, customs and practices related to land and property in land. The sources of both areas of land law is the tenurial from latintenere meaning to hold principle that all land is held of, or from, another. C wanjala, problems of land registration and titling in kenya. Administrative and political pitfalls and their possible solutions in s. Lecture notes welcome to our free kenya law lecture notes. Chapter two gives an insight into the legal framework that regulates conveyancing in kenya. The registered land act cap 300 laws of kenya now repealsed 9.