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{
    "id": 1014054,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1014054/?format=api",
    "text_counter": 181,
    "type": "speech",
    "speaker_name": "Sen. Kang’ata",
    "speaker_title": "",
    "speaker": {
        "id": 1826,
        "legal_name": "Irungu Kang'ata",
        "slug": "irungu-kangata"
    },
    "content": "Let me now go to Part 2 on the preparation and registration of sectional plans and units. The proposed Section 4 deals with issues like the subdivision of building into units. The proposed Section 5 deals with the registration of sectional plans. The proposed section 6 says that a certificate will be issued to indicate share in common property. The proposed Section 7 is about incidental rights of owners of common property. The proposed Section 8 is on the liability of owner over unit and the proposed Section 9 is on the requirement of sectional plans. The proposed Section 10 is on the boundaries of section units. The proposed Section 11 is on the certificates to accompany sectional plans. The proposed Section 12 is on the application of subdivision of a unit. Proposed Section 13 is on the conversion of units. The proposed Section 14 is on the easement registration in favour of the owner and easements against the owner. The proposed in Section 15 is on the easement or restriction existing without mention. Madam Deputy Speaker, before I go to Part 3, let me explain to hon. Senators that these new provisions are important, in particular, the one relating to sub-division of buildings into units that is proposed, in Section 4 and the procedure for registration. One, it has been simplified unlike the 1987 Act. It is now easier to register. The previous one entailed very active participation of an architect, the serialization of the plans through a certain serial number. This one is now easier because here a register has to be set out by the Government registering this kind of interest. Under 6, the Registrar, having opened a register, will have to include in that register, the share in common property apportioned to the owner of that unit and also has to include the share in the common property owner title deed for sectional property, issued in respect to any unit here. We all know one importance of having land registered is that, one can be able to transfer the interest or even go to a bank and obtain a loan. Having clarified these methods of registration it will now be easier to sell or take a loan, for interested persons. Allow me now to highlight Part 3 on the Establishment of corporations. Unlike conventional corporations, which are usually registered under the Company’s, Act, under this law the corporation will be registered with the Registrar who will be the one administering this law. Most of us when they hear the word “corporation” what comes to our mind is when we go before the Registrar of Companies here at Sheria House, we reserve a name, pay the requisite fees, lodge the requisite documents that is; the Memorandum of Association and Articles of Association. In short, unlike such kind of a corporation, this will be a special corporation that will be registered by a Registrar who will then issue a certificate of registration of that corporation. That corporation will include all persons who are the owners of the units in the parcel to which the sectional plan relates or who are entitled to the parcel when the sectional arrangement is terminated under this Act. Madam Deputy Speaker, it shall have perpetual succession and a common seal and the corporation will be regulated in accordance to the rules of this Act. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}