Law Implications

The Registration & Licensing of an Airbnb Business In Kenya: What you need to do before listing your Home as an Airbnb

Since its inception in 2008, Airbnb has taken the global market by storm. In 2018, a report by the Airbnb platform ranked Nairobi third, among the top cities in Africa with the highest number of listed Airbnb facilities. Currently, Kenya ranks in the top ten most visited and trending tourist destinations in Africa despite the Covid pandemic that disrupted many businesses in the country. In 2021, the Tourism Regulatory Authority (TRA) enacted new regulations on the registration and licensing of Airbnb facilities in Kenya. The regulatory stated that the new regulations were prompted by the dynamic and emerging traveler trends that necessitated different concepts in the local and global spheres.

Is the Doctrine of Sanctity of a Title Absolute or Legal Fiction? (Part 2: Possessing a Title is not conclusive proof of ownership of a Property)

Person A bought a parcel of land in the 80’s and was irregularly issued with a Certificate of Title by the Nairobi land registry. Over the years there have been subsequent transfers. Currently, the land is lawfully registered to Person B who has constructed a development consisting of 100 apartments for sale after acquiring all the necessary approvals. The development was ranked as the best place to live in Nairobi in 2022, subsequently, all the apartments quickly sold off.

Is the Doctrine of Sanctity or Indefeasibility of Title Legal Fiction? (Part 1: Understanding the Doctrine of Indefeasibility of Title)

Real estate in Kenya has proven to be a lucrative investment, outperforming traditional asset classes like equities and bonds with high returns. However, real estate investment has been termed as a dangerous minefield. Echoing the rather stern warning by the Court of Appeal in Arthi Highway Developers Limited Vs West End Butchery Limited & 6 Others (2015) eKLR , “ …the land market in Kenya was/is a...

An Analysis Of The Proposed Finance Bill, 2023:The Key Changes and Impact on the Real Estate Sector

On 4th May 2023, the National Treasury tabled the Finance Bill, 2023, to the National Assembly for the first reading. The proposed Finance Bill 2023 introduces a series of significant changes and reforms to the financial landscape of the country. The Bill is a crucial component of the annual budgetary process and outlines the Government's plans for revenue generation, taxation, and fiscal policies.

Differences Between Warranties And Indemnities

In contract law, warranties and indemnities are two common forms of contractual provisions that provide remedies for breach of contract. These terms are often used interchangeably, but they have distinct differences in terms of the extent of liability, the proof required, and the obligations of the parties. Below we discuss the differences between warranties and indemnities in terms of damages, mitigation, disclosure, proof of loss, and the buyer's knowledge of the breach.

The High Court Rules: Parents Can Freely Sell Their Land Without Seeking Consent From Their Children

Recently, Justice Munyao Sila of the Environmental and Land Court made a landmark judgement in Oganga & another v Orangi & 3 others (Environment & Land Case 466 of 2015) [2023] KEELC 16348 (KLR) (22 March 2023), granting parents the liberty to sell their land or property without consulting their children. This precedent-setting judgment ended an eight-year protracted land dispute pitting a parent and two buyers on one side and his two sons on the other.

Understanding Early or Premature Termination of Leases in Kenya

Leasing of property, whether for residential or commercial use, is a common practice in Kenya. However, situations may arise where a tenant may need to terminate the lease agreement before the expiry of the agreed duration. This could be due to various reasons, such as financial difficulties, changes in personal circumstances, or the need to relocate. Early or premature termination of a lease is not always a straightforward process and it may have legal and financial implications for both the tenant and landlord. In this context, it is essential to understand the legal framework governing lease termination in Kenya and the implications of early or premature terminations for tenants and landlords.

Navigating Unregistered and Unexecuted Leases in Kenya

Leasing property (whether residential or commercial) is a common practice in Kenya. However, understanding unregistered and unexecuted leases can be a challenge for both landlords and tenants. In this article, we will explore the types of leases available in Kenya, the registration requirements for leases, and the legal implications of unregistered and unexecuted leases. By the end of this article, you will have a better understanding of what you need to know when dealing with unregistered and unexecuted leases in Kenya.

The Landlord’s Right to Perform Due Diligence Checks on Tenants and the Tenant’s Right to Privacy: What does the Law provide?

In Kenya, landlords have the right to perform due diligence on potential tenants to ensure that they are suitable and can meet their rental obligations. This involves requesting tenants for their identification documents and performing background checks on them by inquiring about their credit history, sources of income, employment status and references from former landlords. On the other hand, tenants have the right to privacy which involves them issuing consent before their personal information is accessed or processed by a landlord.

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