Registration of Real and Personal Property in Light of the Promulgation of the Constitution of Kenya, 2010

Joy Mutimba

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Essay from the year 2017 in the subject Law - Civil / Private / Law of Obligation / Property Law, grade: A, University of Lyon 2,...

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Essay from the year 2017 in the subject Law - Civil / Private / Law of Obligation / Property Law, grade: A, University of Lyon 2, course: Law, language: English, abstract: The use of proprietary interests as a way of securing performance of obligations is a major part of financial transactions and the provision of security promotes economic growth by enabling access to finance. Given the importance of security to a country in achieving economic growth, it is important for a country to have modern laws governing the use of proprietary interests as protection against credit risk. The promulgation of the Kenyan constitution in 2010 facilitated the repeal of old laws and the coming about of new proprietary and security laws. The Kenyan Parliament passed three bills into law in respect to real property on the 2nd day of May 2012, being the National Land Commission Act, the Land registration Act and the Land Act. These Acts repealed a number of statutes that had been in existence as far back as 1899. The Land Act gives effect to Article 68 (The Constitution of Kenya, 2010) which generally requires Parliament to revise, consolidate and rationalize the land laws in Kenya. The aim of having these new laws was to create a sound investment climate that would provide sound legal and regulatory framework for enterprises and undertakings and improve access to key financial and infrastructure services. We shall concentrate on the aforementioned laws and the registration of the various interests in property under the said regimes.