KENYA Law and Practice Contributed by: Anne Kinyanjui and Loice Erambo, DLA Piper Africa, Kenya (IKM)
DLA Piper Africa, Kenya (IKM Advocates) IKM Place, Tower A 1st Floor
5th Ngong Avenue Off Bishops Road Nairobi Tel: +254 20 2777 3000
Email: info@ikm.dlapiperafrica.com Web: www.dlapiperafrica.com/kenya
1. General 1.1 Main Sources of Law The main sources of real estate law in Kenya are as follows: • the Constitution of Kenya, 2010 (Constitution) is the supreme law prescribing land rights and policies in Kenya; • the Land Act 2012 (LA) is the principal statute on the administration and management of land and land-based resources; • the Land Registration Act 2012 (LRA) governs the registration of interests in public, private and community land; • the Community Land Act 2016 governs com - munity land; • the National Land Commission Act, 2012 prescribes the functions of the National Land Commission (NLC); • the Land Control Act, 1967 (LCA) governs dealings in agricultural land; • the Landlord and Tenant (Hotels, Shops and Catering Establishments) Act, 1972 (LTA) gov - erns controlled tenancies related to business premises; • the Distress for Rent Act relates to distress for rent;
• the Physical and Land Use Planning Act, 2019 (Physical Planning Act) governs the planning, use and development of land; • the Sectional Properties Act, 2020 (SPA) governs the registration and management of sectional properties; • the Law of Contract Act, 1961 prescribes the formal requirements for contracts related to dealings in land; • the National Construction Authority Act, 2011 (NCA Act) establishes the National Construc - tion Authority and prescribes its functions; • the Environmental and Land Court Act, 2011 establishes the Environment and Land Court (ELC) to hear and determine disputes relating to the environment and land; • the Environmental Management and Co- ordination Act, 1999 (EMCA) is the framework environmental law; • the Special Economic Zones Act, 2015 (SEZ Act) establishes special economic zones; • the Housing Act, 1953 to provide for loans and grants of public moneys for the construc - tion of residential dwellings; • the Affordable Housing Act 2024 establishes a framework for development of affordable housing and institutional housing; and
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