Warranties and indemnities are essential elements in any agreement for sale. The distinction between warranties and indemnities is critical as the remedies to which an innocent party will be entitled to will differ. Today, we discuss the differences, the consequences of a breach, and what you need to know before allowing or disapproving a warranty or an indemnity in an agreement for sale.

In our previous Article (provide for the link) we delve into great length the ownership of property by foreigners in Kenya. Today, we continue the discussion and analyze sections 38, 48, 61, and 98 of the Land Laws (Amendment) Act which had far-reaching implications on the ownership of property by foreigners in Kenya.

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.

In Kenya, a side agreement also referred to as a side letter or supplemental agreement, is a separate document that is signed by two or more parties to an existing agreement. It contains additional terms and conditions not included in the original agreement and/or seeks to clarify certain provisions of the original agreement.

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.

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.

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 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.

Ardhisasa is a digital platform, launched on 27th April 2021 to help streamline the process of buying and selling land in Kenya. The platform seeks to improve land management in Kenya by resolving the numerous historical land problems experienced by Kenyans by providing a centralized, transparent and efficient system for land ownership, transfer and registration. The platform offers services relating to due diligence; land registration of cautions, leases, charges, replacement of title; land administration processes such as payment of land rents, extension and renewal of lease; physical planning activities such as the acquisition of approvals for development; valuation of property; adjudication and settlement; and land allocation by the National Land Commission.

One of the most frustrating things for any landlord is dealing with tenants who persistently default in paying rent when it becomes due. Non-payment or late payment of rent amounts to a breach of contract and the law grants a landlord the right to claim and recover any rent amount that is in arrears. The law provides the following legal remedies a landlord may pursue to recover unpaid rent