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Author: Peris Gachago

  • Former CS Aisha Jumwa in Sh250 Million House Dispute

    Former CS Aisha Jumwa in Sh250 Million House Dispute

    Former Cabinet Secretary for Gender, Aisha Jumwa, is currently facing a legal battle over a Sh250 million house she purchased last year. The dispute involves Bejav Furniture Limited, which has taken the matter to court, seeking to compel Jumwa to pay an outstanding Sh60 million, part of the agreed purchase price.

    Bejav Furniture initially pursued a bankruptcy declaration against Jumwa but the case was referred to mediation. The saga began when Jumwa, who was sworn in as Cabinet Secretary on October 27, 2022, approached Roselyn Wambui in February 2023 to buy her property, initially valued at Sh250 million. After negotiations, the price was reduced to Sh215 million.

    Wambui claims she instructed her lawyer, Kinyanjui Kirimi & Company Advocates, to prepare the sale agreement, which was sent to Jumwa’s legal representatives at Mohamoud, Gitau & Jillo LLP Advocates on February 25, 2023. Jumwa’s legal team acknowledged the agreement but informed Wambui that the purchase would be financed through a loan.

    Read: Developers Given 1 Year to Comply with New Building Code

    It later emerged that Jumwa could only secure Sh145 million in financing from Kenya Commercial Bank (KCB). Consequently, Jumwa’s lawyer suggested an addendum to the agreement to account for the Sh70 million balance, which was not covered by the loan.

    According to Wambui, there were specific decorations and furnishings in the house that she was supposed to remove, as stated in the addendum. Jumwa agreed to pay the remaining Sh60 million over 12 months, a term that was included in the initial draft agreement.

    Wambui claims she transferred ownership of the house to Jumwa, who then used it as collateral for the KCB loan. However, after receiving the Sh10 million down payment, Wambui says she received no further payments from Jumwa. Despite repeated demands for the outstanding balance, Wambui alleges that Jumwa has ignored her requests, leading to a breach of contract.

    Wambui’s lawyers initiated a debt recovery case, which included an attempt to have Jumwa declared bankrupt. However, this case is currently pending mediation or settlement, with Wambui expressing frustration at the lack of progress.

    Also read: Here is why Home Africa is in administration

    Wambui is now seeking a court order compelling Jumwa to pay the outstanding amount plus 18.5 percent interest until it is fully settled. In response, Jumwa has filed an objection, arguing that the court lacks jurisdiction over the case. Her lawyers, led by Prof. Tom Ojienda, assert that the original agreement between the parties stipulated that any disputes would be resolved through arbitration, not litigation.

    Jumwa is also requesting that the court dismiss the case and order Wambui to cover the legal costs.

    Trending: Landlord Comes up with a New Way to Make Tenants pay Rent Arrears

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  • Developers Given 1 Year to Comply with New Building Code

    Developers Given 1 Year to Comply with New Building Code

    The Kenyan construction industry is entering a new era with the launch of the National Building Code 2024. Developers or construction industry practitioner have just one year to align their projects with these new regulations, which are set to revolutionize the way buildings are designed, constructed, and maintained in Kenya.

    Since 1968, Kenya has relied on outdated building codes that have struggled to keep pace with modern construction demands. The use of substandard materials, poor workmanship, and the flouting of zoning rules have contributed to the alarming number of building collapses and other construction-related incidents. The Building Code 2024 marks a significant departure from these old practices, offering a comprehensive framework that incorporates current technological advancements and sustainability principles.

    The new code introduces several groundbreaking provisions that aim to modernize the construction industry in Kenya.

    Read: Here is why Home Africa is in administration

    • Piping Networks for LPG Gas: The new regulations require the integration of piping networks for the supply of LPG gas in new buildings. This is a crucial safety measure designed to reduce the risks associated with improper gas installations.
    • Fiber Connectivity: Recognizing the importance of digital infrastructure, the code mandates the inclusion of fiber optic networks in new constructions. This provision is essential for ensuring that buildings are equipped to meet the demands of Kenya’s rapidly digitizing economy.
    • Sustainable Green Building Materials: The use of environmentally friendly and sustainable building materials is now a requirement. This shift not only promotes the conservation of resources but also aligns with global trends in eco-friendly construction practices.

    The National Building Code 2024 also signifies Kenya’s move away from colonial influences in its construction regulations. The new code sets local standards that are tailored to the country’s unique needs and challenges. This change is expected to bring about orderly and coordinated development across the nation, ensuring that new constructions are safe, durable, and aesthetically pleasing.

    Also read: Landlord Comes up with a New Way to Make Tenants pay Rent Arrears

    One of the major benefits of the new code is the emphasis on professional maintenance of building stock. Regular maintenance is critical to ensuring the longevity and safety of structures, and the new regulations make this a priority.

    Moreover, the code addresses the need for digital connectivity, a crucial aspect that was absent in the 1968 regulations. In today’s digital age, having reliable data and communication networks is vital for both residential and commercial buildings. The inclusion of fiber connectivity provisions ensures that new buildings are equipped with the necessary infrastructure to support these needs.

    The affordable housing program, a flagship initiative of the Kenyan government, is being positioned as the ideal platform to showcase the impact of the Building Code 2024. By implementing the new regulations in these projects, the government hopes to set a standard for future developments. Once complete, these buildings will demonstrate how the new code can lead to safer, more sustainable, and digitally connected housing options for Kenyans.

    Also read: How to Replace a Lost Title Deed in Kenya

    The repeal of the previous Physical Planning Act is another critical step in the implementation of the Building Code 2024. This move is expected to harmonize regulations between county and national governments, ensuring a consistent and nationwide approach to construction practices. The introduction of mobile units to test the quality of construction on-site further underscores the government’s commitment to enforcing the new regulations.

    The National Building Code 2024 is a bold step forward for Kenya’s construction industry. It not only addresses the shortcomings of the outdated 1968 code but also positions Kenya at the forefront of modern, sustainable building practices. As a developer or industry practitioner, it is crucial to familiarize yourself with these new regulations and ensure that your projects comply within the stipulated one-year timeframe.

  • How to Replace a Lost Title Deed in Kenya

    How to Replace a Lost Title Deed in Kenya

    Losing a title deed can be an overwhelming experience, but it’s important to remember that all is not lost. Whether due to theft, misplacement, or unforeseen circumstances, a missing title deed can be replaced through a clear and structured legal process in Kenya. Instead of panicking, you can take the necessary steps to recover this crucial document, ensuring your property rights remain intact. This guide will walk you through the process, providing peace of mind and practical solutions for getting a new title deed in hand.

    Why Should You Replace a Lost Title Deed?

    A title deed is one of the few legal documents that prove land ownership. Without it, you could find yourself in a difficult situation. While there’s no specific timeframe for reporting the loss in Kenya, it’s wise to act quickly. Immediate action can prevent potential fraud or unauthorized transactions involving your property. As soon as you realize your title deed is missing, you should begin the replacement process.

    Read: How to Do an Online Title Deed Search In Kenya

    Steps to Replace a Lost Title Deed

    • File a Police Report

    The first thing you should do when you lose any formal document is to report it to the nearest police station. This creates an official record, which could be crucial if any issues arise regarding your property. You’ll need to provide the police with the deed number or a photocopy, along with your original ID or passport. The police will then issue an abstract, which is necessary for the following steps. Before moving on to the next step, a search will be conducted to confirm your ownership of the lost or damaged deed.

    • Swear an Affidavit

    Kenyan law requires that you and any other involved parties swear an affidavit explaining how the title deed was lost or misplaced. This legal document will support your application for a replacement deed.

    • Apply for a New Title Deed

    You or your representative must then submit an application for a new title deed. The following documents are required:

    • The police abstract you obtained.
    • Certified copies of your ID or passport.
    • Certified copies of the certificate of incorporation (if the property is owned by a company).
    • Certified passport-sized photos.
    • An official search report from the Lands Registry.
    • You will also need to pay the required application fee at this stage.

    Also read: Types of Title Deeds In Kenya and How to Obtain Them

    • Gazette Notice

    The Lands Registrar will publish a gazette notice in at least one widely circulated national newspaper, announcing the intention to replace the lost title deed. This notice allows anyone with objections 60 days to come forward.

    • Provisional Certificate

    If no objections are raised during the 60-day period, the Registrar will issue a provisional certificate. This serves as a temporary title deed while you wait for the permanent one to be prepared.

    Tips for a Smooth Replacement Process

    • Start Early

    Don’t wait until you desperately need the title deed to begin the replacement process. Start as soon as you realize it’s missing.

    • Seek Professional Help

    Consider hiring a registered advocate to guide you through the process. Legal professionals can help minimize errors and expedite the process.

    • Keep Records

    Maintain detailed records of all communications with the Lands Registry and other relevant parties. Regularly follow up on the status of your application.

    • Secure Storage

    Going forward, be more careful with essential documents. Many banks offer safekeeping services for a small annual fee—consider using them to store your title deed securely.

    • Estimated Costs

    Replacing a title deed can cost between KES 10,000 and 20,000, depending on various factors. Below is a breakdown of approximate costs:

    • Affidavit and police abstract: KES 3,000
    • Gazette notice: KES 3,400
    • Advertisement in the dailies: KES 2,000
    • Application for a new title deed: KES 3,000

    Following these steps will help ensure a smooth process with minimal delays in replacing your lost title deed.

    Thinking of buying land in Kenya?

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  • Here is why Home Africa is in administration

    Here is why Home Africa is in administration

    Home Africa, a real estate firm grappling with substantial debt, has entered administration following prolonged financial challenges. According to a gazette notice dated July 23, 2024, the company’s directors have been stripped of their rights to manage or transact with the company’s assets.

    Messrs Kamal Anantroy Bhatt and Dhir Kamal Bhatt of Anant Bhatt LLP have been appointed as Joint Administrators, effective May 13, 2025. This move is in line with Section 563(2)(b) of the Insolvency Act, 2015 of Kenya.

    Read: Nairobi Areas Experiencing Rent Price Drops Due to Economic Strain

    Previously, Home Africa had sought to address its financial woes through various measures, including establishing a committee for debt restructuring, business continuity, and organizational restructuring. The company attempted to mitigate its financial difficulties by selling off assets such as housing units and land. Despite these efforts, the firm still struggled to manage an outstanding Sh79 million loan from I&M Bank.

    Also read: Landlord Comes up with a New Way to Make Tenants pay Rent Arrears

    The company’s directors had planned to sell housing units from the Mitini Scapes Development in Kiambu and Lake View Heights in Kisumu as part of their debt restructuring strategy. However, with the new administration in place, those with claims against the company are now advised to submit their claims to the administrators for review. The appointment of the administrators means that the directors no longer have authority over the company’s assets or management.

    In 2016, Home Africa announced a strategic shift from focusing solely on real estate development to incorporating property management and real estate agency services into its business model.

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  • Nairobi Areas Experiencing Rent Price Drops Due to Economic Strain

    Nairobi Areas Experiencing Rent Price Drops Due to Economic Strain

    Nairobi’s suburbs are experiencing a notable drop in rental prices, as well as house sale prices, according to a recent report by HassConsult released on Tuesday, July 30. Upper Hill and Muthaiga have been identified as the most affected areas, with tough economic conditions cited as the primary cause for this negative trend.

    For the second quarter of 2024, Nairobi’s suburbs and satellite towns recorded only a marginal increase of 0.01% in rent prices, reflecting a shrinking demand for rental properties in suburb areas. In contrast, satellite towns showed stronger performance, with an average rent price increase of 2.1%, compared to a 0.9% decrease in the suburbs.

    Read: Most Profitable Areas For Land Investment In Nairobi

    “This rise in satellite towns can be attributed to accelerated urbanisation, which has bolstered demand and driven up asking prices,” the report noted.

    HassConsult attributed the declining rent rates in suburban areas to the growing cost of credit. Property owners are increasingly cautious about raising rents in an effort to retain tenants, as higher taxes and inflation continue to squeeze disposable incomes.

    Upper Hill has seen the steepest decline in rental growth, with apartment rental prices dropping by 4.3% over the last quarter. Muthaiga, on the other hand, recorded the lowest annual rental price increase, with a 4.3% decline over the past year.

    Read: Landlord Comes up with a New Way to Make Tenants pay Rent Arrears

    The downturn in Upper Hill extends beyond rental prices, as house sale prices in the area also saw a significant drop. Apartments in Upper Hill registered a 3.9% decrease in sale prices over the last quarter and an 8.3% decline annually.

    Sakina Hassanali, Head of Development, Consulting, and Research at HassConsult, explained that while higher mortgage interest rates don’t significantly impact overall property price movements due to low mortgage participation in Kenya, they do reduce market liquidity, leading to a dampening of demand.

    Read more

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  • Landlord Comes up with a New Way to Make Tenants pay Rent Arrears

    Landlord Comes up with a New Way to Make Tenants pay Rent Arrears

    Imagine a landlord using a strange trick to make sure tenants pay their rent arrears. It sounds unusual, but for one tenant, this became a real problem. Here’s what happened: the landlord locked the tenant’s door with a padlock, but not in the usual way. The lock was just hanging there, so the door didn’t close properly and stayed open. This left the tenant’s home exposed and vulnerable.

    The tenant had already paid a deposit, which she usually meant to cover damages or unpaid rent. “Even though the deposit was paid, the landlord continued to lock the door in this odd manner”. This not only made it difficult for the tenant to secure their home but also led to frustration and confusion about what to do next.

    Read: Rules that Each Landlord Should Set in Kenya

    Using such an unusual method raises questions about what is fair and legal. Landlords have the right to deal with unpaid rent, but they must do so in a way that follows the law and respects tenants’ rights.

    Watch the video

    It’s important for both tenants and landlords to follow the right steps when dealing with rent.

    As a tenant, to avoid problems with your landlord, it’s important to pay your rent on time. Keeping up with payments helps prevent conflicts and avoids stress. If you’re late with payments, your landlord might take unusual steps to get the rent. Always keep records of your rent payments, including receipts, so you can prove you’ve paid if issues come up. If you’re having trouble paying, let your landlord know as soon as possible. They might be willing to work out a payment plan to help you manage.

    Also read: Ultimate Guide on How to Secure Better Tenants in Kenya

    Landlords should stick to legal methods when dealing with unpaid rent. This usually means giving the right notice and following specific rules. Landlords must also treat tenants fairly and respectfully. Using unusual methods to get rent can be seen as harassment and may be against the law. It’s better to handle rent problems through official channels and keep communication professional. This approach helps keep things fair and ensures that actions are legal.

    This is How to legally evict a tenant in Kenya

    Do you think the Landlord was fair?

    Tell us in the comment section

  • New Tactics used to Revenge on Landlords Withholding Deposit

    New Tactics used to Revenge on Landlords Withholding Deposit

    A Kenyan man has caused quite a stir online after sharing some extreme advice on how to deal with landlords who refuse to return rental deposits. His tips, posted on Facebook, have led to a heated discussion, with many people questioning whether his suggestions go too far.

    The Facebook user, named Fred Braddock, shared some radical ideas on how to get back at landlords who won’t return deposits. Instead of just accepting the loss, Fred encouraged tenants to take drastic actions to damage the property.

    He suggested things like using a knife to remove tiles and flooding the house with water, pouring cement into the toilet to block the plumbing, breaking electrical sockets and bulb holders, spray-painting the landlord’s name on the walls, and finally, breaking the padlock at the meter box.

    Click to Download draft Letter for Intention to Increase Rent

    Fred’s advice quickly went viral, with many Kenyans shocked by how extreme his suggestions were. Some thought his ideas were too harsh, while others even added their own.

    Kellen W Nyaga commented, “Doing all this, you must be wicked, idle, poor, and full of bitterness.”

    Nells J Reagans had a different idea, suggesting, “Print posters with his numbers and put them on bridges with KeNHA markings. They will fight your battles.”

    However, not everyone agreed with these tactics. Mercy Ronoh said, “My conscience can’t allow me,” and Joy Njuguna Joyce added, “This is tiring and dumb. Why not pay rent and sit on the deposit by force?”

    Fred’s post highlights the frustration many tenants feel when landlords refuse to return deposits. In another incident, a Twitter user shared how she dealt with a similar situation by pouring cooking oil down the sink to block it, sparking more debate.

    While Fred’s extreme suggestions may be tempting for some, they bring up important questions about fairness and legality. The conversation shows that there’s a need for better rules and clearer processes for handling rental deposits in Kenya. In the end, peaceful solutions benefit both landlords and tenants.

    Also read: Rules that Each Landlord Should Set in Kenya

    As the online debate continues, it’s clear that the relationship between landlords and tenants in Kenya needs better communication, understanding, and fairness.

    Legally evicting a tenant in Kenya requires following specific steps outlined in the law to ensure the process is fair and just. The landlord must first issue a written notice to the tenant, typically giving them 30 to 90 days to vacate the property. This notice must clearly state the reasons for eviction, such as non-payment of rent, breach of lease terms, or the landlord’s intention to use the property for personal use.

    If the tenant refuses to leave after the notice period, the landlord cannot forcibly remove them. Instead, the landlord must file an eviction suit in a Rent Tribunal or a court of law. The tribunal or court will review the case and, if the landlord’s reasons are valid, issue an eviction order.

    Read: How to legally evict a tenant in Kenya

  • Government Withdraws Lands Bill Amid Public Uproar

    Government Withdraws Lands Bill Amid Public Uproar

    The government decided to withdraw the controversial Land Laws (Amendment) Bill 2023, fearing it would trigger public anger if it appeared to be amending the Constitution covertly. At the time of withdrawal, the Bill, which proposed an annual levy on freehold land and sought to reduce the National Land Commission’s (NLC) powers by transferring key functions to the Lands Cabinet Secretary, was under review by the House’s Lands Committee.

    The Bill, sponsored by Leader of Majority Kimani Ichung’wah, aimed to amend six Land Acts: the Registration of Documents Act, Land Control Act, Land Registration Act, Land Act, Community Land Act, and the Sectional Properties Act. As the Kikuyu Member of Parliament and by virtue of his position, Ichung’wah signs all government Bills introduced in the National Assembly.

    Read: How to Pay Rental Income Tax Through E-citizen

    On June 13, aware of the opposition and public disapproval the Bill had generated, Ichung’wah formally informed House Speaker Moses Wetang’ula of the government’s intention to withdraw the Bill. “Having consulted with the relevant stakeholders, this is now to confirm that the majority party has withdrawn the Bill,” Ichung’wah wrote to the Speaker. He requested that the House Business Committee, chaired by the Speaker, be notified of the withdrawal and that “no further consideration of the Bill should be undertaken.”

    The NLC, a constitutional commission responsible for spearheading land reforms in the country, stood to lose significant functions. The Bill sought to transfer the NLC’s responsibilities for land valuation and compulsory acquisition on behalf of national and county governments to the Lands Cabinet Secretary. It also proposed removing the NLC’s mandate to inspect land, conduct investigations, pay compensation to affected landowners, and participate in land lease renewals, transferring these duties to the Lands CS.

    Public outrage was particularly intense over the proposal to introduce rates on freehold land, which would effectively turn landowners into lessees of the government, risking loss of their land if they failed to pay the rates. Most ancestral land in Kenya is freehold, owned without any government-imposed fees.

    Also read: How to buy land on hire purchase /Installments in Kenya

    The proposed new clause 54A of the Bill stated, “The owner of any freehold land situated within the boundaries of any urban area or city shall pay an annual land levy equivalent to land rent charged on a comparable leasehold land or property of the same zone.” It included a provision that freehold land used for agriculture might be exempt from the annual levy.

    This proposal was contrary to the Supreme Court Advisory opinion of 2014, which confirmed that the Land Act’s provisions were consistent with the Constitution regarding the NLC’s mandate to protect public interests. NLC Chief Executive Officer Kabale Tache opposed the imposition of an annual levy on freehold land, calling it to double taxation, and stated that freehold interests are superior, with no landlord to whom rent could be owed.

    The Bill also proposed creating a Land Compensation Inquiry Committee to take over the NLC’s role in determining compensation for compulsory land acquisition and sought to amend the NLC Act to remove time limits for reviewing grants and dispositions of public land, allowing historical land injustice claims to be heard beyond 2026.

    Upon withdrawing the Bill, Ichung’wah noted the various constitutional and legal issues it raised and mentioned the need for these issues to be resolved before further consideration. He informed the Lands Committee not to prioritize the Bill’s consideration to allow for consultations with the Ministry of Lands and Physical Planning and the NLC.

    The formal withdrawal of a Bill is usually followed by a communication from the Speaker, but there is no record of such communication from Speaker Wetang’ula.

    See! 5 Simple steps to process a titles from an allotment letter

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  • Nairobi Apartment Owners to Pay Rates Based on Floors

    Nairobi Apartment Owners to Pay Rates Based on Floors

    Residents of Nairobi County who have purchased or rented apartments from developers will soon have to pay sectional rates in addition to value capture.

    Charles Kerich, a member of the County Executive Committee (CECM), disclosed this in an interview with Spice FM on Monday, May 23.

    Developers have been paying the same prices for apartments as for undeveloped land, which is why Kerich believes value capture is crucial.

    According to the CECM, value capture would guarantee equitable land charges and broaden the county’s revenue source.

    He clarified the unfairness of the current land charges by saying, “Let us take, for example, that you have one acre in Upper Hill; on that one acre stands a tower with 50 stories paying the same as that one-acre next door that has nothing.”

    Read: Essential Tips for Buying Your First Rental Property in Kenya

    Kerich said that because they were using water and sewage services in addition to a road network, everyone in that building had to pay rates based on the floor they occupied.

    “Even though you won’t divide this one acre, you can capture the value of each floor so that each owner pays rates in addition to their share,” he clarified.

    Speaking of sectional property, Kerich disclosed that the county was now working to completely implement the Sectional Property Act in order to prevent a small number of people from bearing the entire cost of land rates on subdivided properties.

    He clarified the currently being phased out approach by saying, “What happens is that if you are on one acre and you have 60 apartments, the rates charged on that land are undeveloped site value, meaning you are charged as if there is nothing on that property.”

    Also read: Ultimate guide to buying a house in Kenya


    “Let’s say you have 60 apartments and you need to pay Ksh60,000. You can allocate and say everyone pays Ksh1,000, but a lot of people will end up footing the bill for the people who don’t want to pay.”

    In order to prevent the developer from receiving payment in one single sum, the Act will now grant each apartment owner complete ownership of their unit.

    The CECM clarified that everyone would have their own title and pay their own rates to sectional property, which would protect them from being impacted by the defaults of their neighbours.

    He declared that the ability to take out loans against the property without having to deal with the developer was a win for Kenyans purchasing or renting apartments.

    2 Acres Land for Sale in Muguga, Touching Thika River


    Furthermore, the government of Governor Johnson Sakaja will benefit because this will guarantee higher revenues.

    Read full story here

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