KENYA Law and Practice Contributed by: Anne Kinyanjui and Bonface Abuya, DLA Piper Africa, Kenya (IKM Advocates)
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( “Constitu- tion” ) is the supreme law prescribing land rights and policies in Kenya; • the Land Act, Cap 280 (LA) is the principal statute on the administration and manage - ment of land and land-based resources; • the Land Registration Act, Cap 300 (LRA) governs the registration of interests in public, private and community land; • the Community Land Act, Cap 287 governs community land; • the National Land Commission Act, Cap 281 prescribes the functions of the National Land Commission (NLC); • the Land Control Act, Cap 302 (LCA) governs dealings in agricultural land; • the Landlord and Tenant (Hotels, Shops and Catering Establishments) Act, Cap 301 (LTA) governs controlled tenancies related to busi - ness premises; • the Distress for Rent Act, Cap 293 relates to distress for rent; • the Physical and Land Use Planning Act, Cap 303( “Physical Planning Act” ) governs the planning, use and development of land; • the Sectional Properties Act, Cap 286 (SPA) governs the registration and management of sectional properties; • the Law of Contract Act, Cap 23 prescribes the formal requirements for contracts related to dealings in land; • the National Construction Authority Act, Cap 118( “NCA Act” ) establishes the National Construction Authority (NCA) and prescribes its functions;
• the Environmental and Land Court Act, Cap 8D establishes the Environment and Land Court (ELC) to hear and determine disputes relating to the environment and land; • the Environmental Management and Co-ordi - nation Act, Cap 387 (EMCA) is the framework environmental law; • the Special Economic Zones Act, Cap 517A ( “SEZ Act” ) establishes special economic zones (SEZs); • the Survey Act, Cap 299 makes provision in relation to surveys and geographical names and the licensing of land surveyors; • the Housing Act, Cap 117 provides for loans and grants of public monies for the construc - tion of residential dwellings; • the Affordable Housing Act, 2024 establishes a framework for development of affordable housing and institutional housing; • the Climate Change Act, Cap 387A estab - lishes a regulatory framework for enhanced response to climate change for purposes of achieving a low carbon climate development; and • the National Rating Act, 2024 provides a comprehensive framework for imposition of rates on land and buildings by county govern - ments. 1.2 Main Market Trends and Deals Sustainable Real Estate Finance Sustainable real estate finance continues to gain popularity in Kenya, with notable developments including the following: • publication by the Central Bank of Kenya of the draft Kenya Green Finance Taxonomy; • adoption of the Green Economy Strategy Implementation Plan 2016-2030 to accelerate a transition towards a low carbon economy;
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