Irungu Kang'ata

All parliamentary appearances

Entries 391 to 400 of 1643.

• 30 Sep 2020 in Senate: Thank you, Madam Deputy Speaker. Allow me to speak on two main issues; issue number one will be the principles that underpin this new legislation. The second issue will be on specifics and finally, I will conclude. Allow me to start with the principles. I will speak on the history of this law or rather, the principle of vertical ownership of property. I will also speak on the factors necessitating this kind of law, and then I will speak on the barriers before I go to the specifics. view
• 30 Sep 2020 in Senate: Madam Deputy Speaker, allow me to start with the history of vertical ownership of property. In the recent years, there has been need to provide title deeds to small units owned by individuals above and under the surface because of several factors. There is need for more intensive development on available land while ensuring security of tenure, which then prompts various jurisdictions to search for solutions. Registration of small units is difficult in many registrations due to several reasons, The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained ... view
• 30 Sep 2020 in Senate: including planning regulations, which at times provide for minimum parcel sizes on the ground surface. Special legislation to facilitate registration of properties in strata is, therefore, necessary to facilitate registration of these units, particularly in high rise buildings. view
• 30 Sep 2020 in Senate: We need to understand that Kenya has an area of about 582,000km2 . Also, we have a population of about 49 million as at 2019 Census. Kenya urban population is growing at the rate of about 5 per cent per annum due to rural urban migration and natural increase. Therefore, demand for housing needs in our urban areas will continue rising. Cadastral activities in this country will focus more on urban areas and land information management systems. Therefore, developing countries like Kenya need to come up with provision of security of tenure, particularly, in informal and formal settlements. view
• 30 Sep 2020 in Senate: Let me give a background of this law by citing the Sectional Properties Act of 1987, which was introduced to provide for the sub-division of buildings into units being owned by individual proprietors and common property to be owned by proprietors of those units as tenants in common and to provide for the use and management of the units and common property and for connected purposes. Though the Act was given Presidential Assent in 1987, its commencement delayed all the way up to 1991 when the necessary regulations were gazetted. The idea had been suggested way back in the 1960s, ... view
• 30 Sep 2020 in Senate: Madam Deputy Speaker, despite that, we have seen barriers to speeding up this process of persons taking advantage of sectional properties. There are several barriers, one being cultural factors. We all know that majority of Kenyans visualize the ownership of property through horizontal ownership of property. People want to own land that is adjacent to each other, as opposed to vertical ownership of property. Going forward, we hope that Kenyans will embrace the idea of owning property in a vertical manner, and therefore, enable us to ensure that this law is well utilized by Kenyans. view
• 30 Sep 2020 in Senate: Madam Deputy Speaker, another area that has made this old law not practical is a poor legislative regime. It has problematic clauses. In particular, I will draw your attention to that law. I will highlight the various sections that are contained in that law. We have provisions relating to the survey procedure, survey for site and building location plan, survey for floor plans, drawing and presenting of sectional plans, site and building location plans, the floor plan, unity factors, and the registration process. The main defect of this Act is that it is hinged on what we call the Registered ... view
• 30 Sep 2020 in Senate: Before that, we used to have so many pieces of legislation dealing with land. We had the Registered Lands Act, the Registration of Titles Act, and the Indian Transfer and Properties Act. They were about five, if I am not wrong. I stand to be corrected. In the year 2012, all those pieces of legislation were collated into two Acts; the Land Act (2012) and the Land Registration Act (2012). Those are the primary land laws that are currently regulating land ownership in Kenya. Therefore, when we have a Sectional Properties Act, making reference to a law that no longer ... view
• 30 Sep 2020 in Senate: 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 ... view
• 30 Sep 2020 in Senate: The corporation will have the common characteristics of companies that is perpetual succession ability to sue or to be sued in its corporate name. I refer to proposed Section 18 of this Bill. I also look at proposed Section 19 - Liability in Tort. I will also look at proposed Section 20; the duties of the corporation. To carry out duties imposed by its bylaws, to insure buildings against risks like fire, to pay premiums concerning that insurance and other duties which are provided in this law. I also now highlight provisions in the proposed Section 21 of this Bill, ... view