However, substantive provisions on the administration and management of community land will be enacted by 2015 as required by the constitution. The land question in kenya international environmental law. In one social context a family may refer to a man and a woman who share a common household. Trust law in kenya as with most commonlaw countries, kenya is to a large extent dependant on laws that are founded on the laws of england. The lecture notes below were written by our professional writers, as a learning aid to help you with your studies. Property law notes lecture notes, lectures 1 10 law316. With the enactment of the new constitution and the adoption of the kenya national land policy, most of the problems associated with land in kenya will begin to be resolved. A main conclusion is that while kenyas law is positive and even.
It is the fundamental law of the land and prevails over all other laws. The national land commission is responsible for administration of public land. There are however, other statutes that affect the operation of trusts in kenya such as the income tax act and. Held under principles of general law including equity.
May 19, 2015 the kenya law relating to the sale and purchase of goods is contained in the sale of goods act cap 31. This act was to replace all other laws related to land in kenya. Paul syagga, objectives principles and key recommendations of the draft national. Property law musol, kenya the knowledge tree law notes. Application of act 1 except as otherwise expressly provided in this act or any other written law, the provisions of this act shall constitute the law of kenya in respect of, and shall have universal application to, all cases of intestate or testamentary succession to. The act has introduced the new concept of controlled land which is land within a zone of 25 kilometres from the inland national boundary of kenya, within the first and second row beach plots in the coast region and any other law that may be declared controlled land by statute. In this regard, so as give the reader a jurisprudential analysis of the subject, the book is rich in case law. You can access copy of these notes through email in pdf form at a small fee. This paper argues that the imposition of westernstyle land tenure system into kenya has not killed the spirit of the customary tenure. Constitutional law ii this course will principally be on constitutional law and practice. Property law notes and cases pdf ebook download for llb. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to.
Kenya inherited colonial land laws that are a hybrid of english and african. The new laws therefore make provision for the registration of community land. Trusts in kenya are created under the trustees act or the trustees perpetual succession act. The bills allow for traditional ways of holding land to be recognised and supported fully in the law and for the fundamental operational base of customary land law and tenure to continue community assent and direction through embedding local level authority and management of village land in the hands of villagers the elected village council. Kenya land law kenya law of succession kenya law reports kenya laws kenya legal news kenya property law kenya sale. Old system title english common law was the system title of land developed in england since the norman conquest in 1066. Liz wily stresses that the two laws will provide what is in effect a body of new basic land law for mainland tanzania with a new regime for the holding of rights in land and for controlling.
Is called old system because it was in before new reformed system torrens system was introduced in nsw in 1863. The kenya law of succession determines the different rights and duties that persons for example, beneficiaries and creditors may have in a deceaseds estate. The historical development of land law in kenya the kenyan. Values on how to apply ip skills and knowledge positively to kenyas development. Introduction to land law characterisation of interests in land general law and torrens title. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. A key achievement is the enactment of the national land commission act which provides a framework for the commission to become operational and is one of the very positive highlights of the new laws. Property law kenyan perspective gpr 216 uon studocu. In may 2016, lionel applies under the trusts of land and appointment of trustees act 1996 and the insolvency act 1986 for an order of sale in relation to the hollies. During the clamor for change and reforms in kenya, one of the most prominent issues that kenyans agitated for was reforms in land administration and management. The absence of registration does not prejudice the right of land use and benefit acquired through occupancy in terms of subparagraphsa and b of article 12, provided that it has been duly proved in terms of this law. This book explains the principles and practises of the 1998 land act, which brought about substantial changes to the land tenure laws of uganda. Therefore any freehold land owned by a nonkenyan citizen is deemed to have been converted into a 99 year leasehold interest commencing from 2782010 and. These are all the available lecture notes in this section.
Noteworthy, reference has been made to judicial landmark. The law further notes that all the land in the country belongs to the citizens collectively as individuals, communities, or as a nation. An act of parliament to apply the english common law of contract to kenya, with certain modifications l. Property law lecture notes ownership british empire scribd. Primary legislative instrument is conveyancing act. You can access all this content here clicking on the subtopics. Application of act 1 except as otherwise expressly provided in this act or any other written law, the provisions of this act shall constitute the law of kenya in respect of, and shall have universal application. Lecture notes welcome to our free kenya law lecture notes. Thus, proprietorship can easily be termed as being a fundamental cornerstone of the entire concept of property. Conflict of rights in land law land law in kenya is a corpus juris of several principles containing several diversities of rights that are sui generi very complex. Read, highlight, and take notes, across web, tablet, and phone.
Jun 23, 2016 exam notes, exam summaries or study notes whatever you call them, they are the savior of law students. This paper is intended to equip the candidate with knowledge, skills and attitudes that will enable himher to apply the principles of legal system and business law in various environments. It will entail the salient features of the new august 2010 constitution such as citizenship, the bill of rights, land and. The parliament of kenya enacted new land laws, including. Property law university of nairobi the objectives of the course is to equip one with the knowledge of the various categories of property rights in land and to know a bit about construction of forms and other documents used in the registration system. Article 15 proof the right of land use and benefit can be proved by. Sources of kenyan labour law the labour law consists of a number of legal rules based on. Looking for the best website to download revised edition of kasneb cpa notes section 1, section 2, section 3, section to 6 from s trathmore university business school. In chapter 5 sections 6068 of the new constitution, land is classified into private, public, and community. No doubt, principles of land law and conveyancing in kenya has greatly been shaped by case law. Instead, the customary system only went underground where it continued to grow despite the overlay of statutory law that was designed to replace it. Pdf kenya is the most recent african state to acknowledge customary tenure as producing lawful property rights. Land law notes, cases, and past papers digestible notes. These statutes are recognized as a source of law of kenya by section 3 1 c of the judicature act.
Property law musol, kenya may 19, 2015 property law notes conveyancing fixtureschattels the fact of whether a chattel has been affixed to land so as to become part of the land is a question of law depending on certain circumstances. The paper covers how land law in kenya has developed ab intra. Pdf the community land act in kenya opportunities and. Land law as a set of rules and principles governing interests in land is found in various branches or of land law in kenya. Short title this act may be cited as the law of contract act. Business law pdf notes cpa cs ccp kasneb, kism and knec. Company law notes revised and updated notestable of contents1 company law notes revised and updated notes1. Sep 12, 2017 the new laws require all land in kenya, whether private, public or community land, to be registered. Parliament the laws are in writing and known as statutes or acts judicial precedent court decisions the previous court judgements constitute precedents that court must follow. Published by the national council for law reporting with the authority of the attorney general. Proprietary rights are defined as a right that is part of a persons estate, assets, or property, as opposed to a right arising from the persons legal status. Hi fellow law students, i am sharing lecture notes in ebook format pdf for the subject property law for llb and ba. Property law student notes property law university of. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property.
These longstanding tensions and conflicts, culminating in landrelated electoral violence around the 1992, 1997, and 2007 elections, all contributed to very high levels of pressure for land law reform in kenya. The preamble of act sets out the objectives of the legislation. Land tenure in kenya this is best approached with reference to the various periods and phases through which this process has gone through. It applies only to transfer by the act of parties and not by operation of law. The land act of kenya defines a lease as the grant, with or without consideration, by the proprietor of land of the right to the exclusive possession of his or her land. Community land is defined pursuant to article 63 of the constitution and includes land. Revised edition 2010 1983 published by the national council for law reporting with the authority of the attorney general. Family law notes from univesity of nairobi faculty of law introduction 1. Land use agreements, including renting, are an important intersection of property and contract law. The lawskool property law summary covers real property law, which at times touches on the areas of equity and trusts and torts law. It combines a technical understanding of complex legal phenomenon with some critical. Obviously, this will only return search results for powerpoint slides the most common file type for lecture notes, word documents the most common file type for exam notes and pdf files, respectively. Llb bachelor of legislative law course is the most common undergraduate course of legal law education offered by many law colleges and universities in india. Once you visit the page, you will be able to get updated cpa notes pdf, past papersexams and guides 2018.
History of the laws of inheritance in kenya 3 precolonial kenyas laws of inheritance 3 a african customary law 3 b islamic law of succession 5 c hindu law of succession 6 d europeans. In other words, when one owns land, the law allows. Under kenyan law, all proprietorships without exception are to be registered as per the requirements of the land registration act. The republic of kenya shall be a multiparty democratic state. Lionel is also claiming that a deduction should be made from kendras twothirds share for an occupation rent to reflect the fact that since. Click on the links below to read the relevant lecture notes that will assist you with your law studies. Knlp kenya national land policy mol ministry of lands. The landrelated conflicts have involved all manner of actors at different times, at around independence and immediately after independence in the 1960s the land issues activated the ethnoregional conflicts that saw the polarization of politics between kenya african national union kanu and kenya african democratic union kadu and later. Here are the new land laws in kenya pdf as a more detailed source. The main function of succession is to provide mechanisms for the transmission of property from the deceased to those who survive him. The act is a reproduction of the english sale of goods act 1893 which was made part of the kenya law by the colonial administration in kenya on 1st october 1931. Free study resources for law students degree and aqa a level. Thus, the reader is expected to view the principles of land law and conveyancing in two perspectives.
Thanks to the ridiculous reading requirements of law school, preparing exam notes will always occupy a significant amount of time towards the end of your subjects. Land laws amendment bill, 2015 kenya land alliance. The constitution of kenya legislation law laid down by an organ of the state which has power to do so i. Administrative law criminal law kenya contract law kenya criminal law kenya criminal procedure code kenya land law kenya laws kenya property law kenya sale of goods law law subjects laws of kenya. It also examines the link between marriage and succession and land law and succession. Noteworthy, reference has been made to judicial landmark decisions, delivered as recent as february 2007.
Succession would exclude those who take by deed, grant. Company law notes kasneb cpa atd cs ccp dcm cifa cict. If you are looking for help with your lecture notes then we offer a comprehensive writing service provided by fully qualified academics in your field of study. Attitudes to apply ip well to kenya and african development challenges.
Study notes, revision notes, model answers, flash cards and audio podcasts to use and download including case summaries, legislation, analysis and further links. Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. The indian transfer of property act the government lands act the registration of titles. The new constitution chapter 5 sections 60 68 classifies land into public, private and community and points out that all land in kenya belongs to the people collectively as a nation, communities and individuals. Dec 25, 2017 the substantive and registration law for all land formerly held under customary law was codified in the registered land repealed act of 1963. To begin with, the foundations of the law of property in kenya is to be traced first, to the customary land. This paper can be downloaded in pdf format from ielrcs website at. In our opinion the new land laws are a start to bringing about change, consistency and consolidation of land laws in kenya. Persons making searches may take brief notes in pencil but no document. The new laws require all land in kenya, whether private, public or community land, to be registered.