KENYA Law and Practice Contributed by: Anne Kinyanjui and Loice Erambo, DLA Piper Africa, Kenya (IKM)
If the NCA declines to register a construc - tion project, the developer may appeal to the Appeals Board established under the NCA Act. 4.6 Agreements With Local or Governmental Authorities Development agreements may be concluded with county or national government authorities in compliance with the law to facilitate large pro - jects. Development agreements may be aimed at facilitating the issuance of statutory approvals, the development of infrastructure, local content requirements and the provision of social ameni - ties, among others. Agreements may also be entered into with util - ity providers, such as Kenya Power and Light - ing Company, to facilitate utility provision on the development. 4.7 Enforcement of Restrictions on Development and Designated Use Physical Planning Laws Section 72 of the Physical Planning Act ena - bles the County Executive Committee Member for Physical and Land Use Planning to issue an enforcement notice to an owner, occupier, agent or developer of land (Recipient) if a developer commences development without a develop - ment permit or if any conditions of the develop - ment permit are not complied with. The enforce - ment notice will prescribe the remedial action to be taken by the Recipient, who will face impris - onment and/or be subject to fines if they do not comply with the notice. Environmental Laws Section 108 of the EMCA enables NEMA to issue environmental restoration orders prescribing remedial action to be taken by the Recipient to refrain from causing harm to the environment and/or restore the environment to its original
state. The order may also impose fines against persons contravening environmental laws, or may award compensation to those affected by environmental degradation or pollution. The ELC may also issue environmental restoration orders. Section 112 of the EMCA allows courts to grant environmental easements and conservation orders to preserve environmental resources. Furthermore, part XIII of the EMCA spells out environmental offences. The consequences of committing environmental offences include rev - ocation of the relevant licences, imprisonment and hefty fines. Construction Laws Rule 28 of the National Construction Authority Regulations, 2014 empowers the NCA to set up a committee to investigate complaints against contractors and any developments if they are suspected of contravening the law. The commit - tee may recommend the deregistration of a con - tractor or the revocation or suspension of their licence. Where a contractor is deregistered, all construction contracts being executed by that contractor will be terminated immediately. Dealings in Agricultural Land Failure to obtain LCB consent for the develop - ment of agricultural land may render all related transactions void. 5. Investment Vehicles 5.1 Types of Entities Available to Investors to Hold Real Estate Assets The main vehicles for investment in real estate are limited liability companies (LLCs), limited lia - bility partnerships (LLPs) and Real Estate Invest - ment Trusts (REITs). LLCs are the most common
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