Land Reform In Kenya

Kenya has strong new land reform legislation, but how is it shaping up in practice? By way of background, the Kenyan Parliament enacted the Sectional Properties Act, Act No. 21 of 2020 (the "Act") to provide for the division of buildings into units to be owned by individual proprietors, as well as common property to be owned by the proprietors of the units as tenants in common, and to provide for the use and management of the units and common property. The Act commenced on 28 December 2020.

A year later, the Cabinet Secretary responsible for land and physical planning gazetted the Sectional Properties Regulations, 2021 (the "Regulations") to implement some aspects of the Act.