by adminStep by Step Guide to Subdvision of Land in Kenya
Agnetah Muli LL. B, KSL Dip. What is Subdivision? The process of subdivision involves the division of land into two or more parcels. The purpose is to split a parcel of land into smaller ones either for resale, for purposes of inheritance, for easy development or if one wishes to maximize on the available space. What is the step by step procedure of land subdivision in Kenya? The process...
by Ian NjathiReview of the Sustainable Waste Mangement Bill 2021
Sustainable Waste Management Bill/Act Review By Ian Njathi Ngugi(LL.M, LL.B, KSL Dip) The Sustainable Waste Management Bill is a breath of fresh air in the sense that for a long time the issue of waste management was left to the county councils and as such it was not dealt with on a national level. The Act comes to address systemic issues that have long plagued collection and separation of...
by Quincy KiptooCASE BRIEF : Musk Deer Limited -vs- Benjamin K. Kipkurui & another [2018] eKLR
By Quincy Jesse Kiptoo LL.B. (Hons), CPM, Dip in Law Prior to an incident that happened on 16th June, 2007, Benjamin K. Kipkurui (1st respondent) may have thought he was the absolute registered proprietor of a property comprised in a Title registered at the Lands Titles Registry, Mombasa as C.R. 21127. Not before the Municipal Council of Mombasa (2nd respondent) purported to send auctioneers...
by Ian NjathiWhat You Need To Know About Rental Income Tax in Kenya
By Ian Njathi (LL.B., LLM, Dip in Law) 1. What is rental income tax? 1.1. Rental income refers to the usually fixed periodical payments made by a tenant or occupant of property to the owner or landlord for the possession or use of the property. The income, for the purposes of tax could form part of the core business of a resident or could be incidental to the core business of the person. If...
by Ian NjathiTHE LAW ON BODY EXHUMATION
By Ian Njathi (LL.B., LLM, Dip in Law) 1. Once a body has been buried, it is under the Custody the Law. 2. The law on exhumation of bodies or remains of bodies is provided for under the Public Health Act(Cap 242) section 146 which provides that it is unlawful to exhume any body or remains of any body interred in any authorized cemetery or burial ground without a permit. 3. The permit is...
by Quincy KiptooTHE JURISDICTION OF THE RENT RESTRICTION TRIBUNAL
By Quincy J. Kiptoo and Tabitha Ayiera “Jurisdiction is everything. Without it, the Court has no power to make one more step. A Court lays down its tools in respect of the matter before it the moment it holds the opinion that it is without jurisdiction” Justice Nyarangi in the case of Owners of Motor Vessel Lillian S -vs- Caltex Kenya 1989 eKLR 1. The Black’s Law Dictionary defines...
by Quincy KiptooTHE DOCTRINE OF THE BONAFIDE PURCHASER FOR VALUE WITHOUT NOTICE
By Quincy Jesse Kiptoo LL.B. (Hons), CPM, Dip in Law and Tabitha Ayiera LL.B., Dip in Law “They (Thuos) did nothing wrong. They (Thuos) are merely victims of a fraudster; in fact, they are vicarious victims to the fraudster because they never saw nor dealt with him. It is the other parties (BPVWN) to the cases who were directly “victimized.” Yet, through the operation of the law, these...
by Ian NjathiREVIEW OF THE FOREST CONSERVATION AND MANAGEMENT ACT
1. Forests are important natural resources that have been accorded a certain level of importance in the protection, conservation and management of the environment in Kenya. The main Act regulating forests in Kenya is the Forest Conservation and Management Act No 34 of 2016 (FCMA). 2. The FCMA was enacted to give effect to Article 69 of the Constitution of Kenya which provides for the...
by Ian NjathiREVIEW OF THE CLIMATE CHANGE ACT, 2016
By Ian Njathi (LL.B., LLM) 1. The Climate Change Act of 2016 was enacted to provide for a regulatory framework that catered for an enhanced response to climate change in addition to establishing mechanisms and measures to achieve low carbon climate development. Goals and Objectives of the Act 2. In order to achieve its primary goals and objectives, the provisions of the Act were enacted to be...
by Ian Njathi