Every so often a case like the recent Erdemann case pops up and Kenyans are aghast. How can a court give a bank the right to auction off properties that have been seemingly sold off to homeowners by a developer? The situation is regrettable but the cause of this is simple enough: buyers on average...Read More

What is the process of registering a short-term rental? Unfortunately in Kenya, no unified framework exists for the registration of short-term rentals. A reason for this might be that the proliferation of short-term guest accommodation has been a very recent phenomenon spurred by the entry of online platforms such as Airbnb and Booking.com. Even countries...Read More

At present, the housing gap in Kenya stands at 250,000 annually and rising. A burgeoning middle class and rapid urbanization have resulted in heavy demand for housing. Off-plan sales, which have had success in multiple jurisdictions have had a rocky history in the country. From the Simple Homes Housing co-operative debacle of 2017 to the...Read More

Due diligence refers to the process of investigating and verifying information about an asset before transacting on it. In terms of land, the key objective of due diligence is to thoroughly inspect every relevant aspect of a property, its owner, and the owner’s compliance with any restrictions, terms, and conditions on which the property is...Read More

A. Commercial leasing and controlled tenancies What is a controlled tenancy? A controlled tenancy is a type of commercial lease that comes about under the operation of the provisions of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, (Cap 301, Laws of Kenya) (the “Act”). The Act defines a “controlled tenancy” to mean...Read More