The Constitution of Kenya, 2010 provides that all Land in Kenya belongs to the people of Kenya collectively as a nation, as well as to communities and individuals. As such, ownership of land by foreigners is subject to the provisions of the Constitution and other laws regulating Land Ownership in Kenya. The Constitution of Kenya … Read more
The Immigration Laws in Kenya allow eligible foreign nationals to apply for Permanent Residency and, if approved, obtain the status of a Permanent Resident in Kenya. Permanent Residents are entitled to live, work, and conduct business in Kenya, and have similar rights as citizens, except for the right to vote. According to Kenya’s Department of … Read more
The Ministry of Interior and Coordination of National Government through the Directorate of Immigration and Registration of Persons is responsible for registration of persons,maintenance of an inclusive persons register, management of migration, border control and refugees’ welfare supervision. The categories of Visas issued include: Ordinary Visa: Issued for Single or Multiple entries to persons whose … Read more
Controlled Tenancy (commonly known as Protected Tenancy) is related to two kinds of Property use in Kenya namely Residential and Commercial. They spring from two different laws that is Rent Restriction Act (Cap 296) Laws of Kenya which relates to Residential Properties and Landlord and Tenant Act (Shops, Hotels and Catering Establishment) (Cap 301) Laws of Kenya, which … Read more
In the realm of Conveyancing and other Land transactions, the notion of regulation can be in various forms, the most common type is where parties are required to obtain various Consents and Certificates. The process of obtaining these consents and certificates forms one of the preliminaries of Conveyancing like execution and attestation of documents. While … Read more
Electronic signatures or E-signatures have become increasingly popular over the last few years because they offer a convenient and efficient alternative to traditional handwritten signatures. With their growing use, it is a great concern whether one can use them in legally binding documents like contracts. The Kenya Information and Communication Act defines an electronic signature … Read more
User-generated content (also known as UGC or consumer-generated content) is original, brand-specific content created by customers (at no cost to you) and published on social media or other channels. It comes in many forms, including images, videos, reviews, and testimonials. You need to consider your legal position if you allow any of the following on your website: … Read more
Background The Sectional Properties law seeks to sub-divide buildings into units to be owned by individual proprietors and common property to be owned jointly by the proprietors as tenants in common The Sectional Properties Act [Hereinafter referred to as “the SPA Act”] to provide for the division of buildings into units owned by individual proprietors and … Read more
Background The Constitution of Kenya [“the Constitution”] guarantees the right to privacy as a fundamental right. In 2019, the Data Protection Act, 2019 [“the Act”] was enacted to govern the processing of the Data lawfully while maintaining security safeguards to protect personal data. The Act seeks to; Give effect to the Right to Privacy under … Read more