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Real Estate and Conveyancing Archives - KN Law LLP

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Introduction  The High Court on April 28, 2022, quashed The National Construction Authority (Defects Liability) Regulations 2022 (the “revoked Regulations”). The revoked Regulations proposed to regulate defects liability periods applicable to commercial buildings by setting out statutorily mandatory minimum patent and latent defects liability period. The Regulations among other things sought to define minimum Defect...

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Introduction In our recent article on Recent Changes to Trustee Perpetual Succession Act (accessible here) we had mentioned that we will provide an update once Parliament passes changes to the Perpetuities and Accumulations Act (the “Act”). Generally, the Act deals with the legal rules touching on perpetuities and excessive accumulations in trusts. Perpetuities or the...

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Introduction The National Land Commission (Amendment) Bill, 2022 (the “Bill”) seeks to amend sections 14 and 15 of the National Land Commission Act (the “Act”). Section 14 of the Act gave the Commission the mandate to review grants or dispositions of public land to establish their propriety or legality within 5 years from the date...

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Introduction In a judgment delivered on March 03, 2022, the Kenyan High Court directed a developer to provide clean and safe water in adequate quantities by installing water filtration systems to its residential development and to provide designated play areas for children. Brief Facts The suit was instituted by the Development’s residents through a constitutional...

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Introduction On December 07, 2021, Trustee (Perpetual Succession) Act (the Act) was amended to streamline the registration of trusts and shift the administration duties from the Cabinet Secretary to the Principal Registrar of Documents. It makes a new provision for irrevocability of trusts, definition on the various types of trusts, adding property to trusts, validity...

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Introduction The Cabinet Secretary for Lands and Physical Planning has gazetted the Sectional Properties Regulations, 2021 (“the Regulations”). Their objective is to operationalise the Sectional Properties Act, 2020 (“the Act”). The Act covers ownership of units in a building such as offices, apartments, flats, and townhouses. We summarize below the key provisions of the Regulations....

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Introduction The National Construction Authority (Defects Liability) Regulations, 2020 (‘the Regulations’) have been published. They shall be effective upon approval by parliament. The Regulations apply to commercial buildings. Commercial Buildings are defined as premises occupied wholly or partially for trade, business or for rendering services for money or its worth. We summarize below, key aspects...

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